Last updated 2026-07-09
TL;DR
Minnesota requires a Family Child Care license from the Department of Human Services for any home caring for one or more unrelated children for pay. You need a background study, CPR and first aid certification, a home inspection, and (in practice) liability insurance. The capacity cap is 14 children including your own kids under age 10. License fees are $30, but the process runs 60 to 90 days.
Who needs a family child care license in Minnesota?
If you care for one or more unrelated children in your home and take money for it, you need a Family Child Care (FCC) license from the Minnesota Department of Human Services. That threshold is low by design. One child counts.
Minnesota Statutes §245A.02 defines a family child care program as care provided in the provider's own home, and the law pulls in anyone taking payment for that care. [11]
The "related child" exemption covers your own children, stepchildren, grandchildren, siblings, nieces, and nephews. Kids who are close relatives by blood, marriage, or adoption may not count toward your licensed capacity. Confirm the specific relationship with your licensor, because the definitions get technical fast.
There is a narrow license-exempt category for care of children from a single unrelated family on a short-term basis. In practice, DHS treats nearly any regular, paid arrangement with unrelated children as licensable. Unsure? Call the DHS Child Care Licensing unit before you take a dime. Starting without a license is a misdemeanor and can bar you from future licensure permanently.
What are the two tiers of Minnesota family child care licensing?
Minnesota has two home-based license configurations, and the difference comes down to whether you have an assistant.
Family Child Care (up to 14 children): This is the standard license most home providers hold. You can care for up to 14 children total, but no more than 10 can be under school age, and no more than 4 can be infants and toddlers under age 2. Your own children under age 10 count in those numbers. [2]
Family Child Care with an Assistant Provider: To run near the maximum, you need an assistant who clears the same background study and training you do. Fourteen is the hard ceiling. No staffing arrangement gets you past it.
There is also a Child Care Center license for care outside a private residence or above the FCC cap. Centers run under a separate rule set (Minn. Rules 9503) with much higher facility standards. This guide covers residential family child care only.
| License type | Max children | Infant/toddler sub-cap | Setting |
|---|---|---|---|
| Family Child Care | 14 total | 4 under age 2 | Provider's home |
| Family Child Care w/ Assistant | 14 total | 4 under age 2 | Provider's home |
| Child Care Center | Varies by space | Varies by age group | Non-residential or larger facility |
Source: Minnesota DHS, Minn. Rules 9502 [2]
What background check does Minnesota require for home daycare providers?
Every person 13 or older who lives in the home must complete a DHS background study through the NETStudy 2.0 system before you can get licensed. Your spouse, teenage kids, roommates, any regular household member. No exceptions. [3]
The study checks Minnesota criminal records, child protection history, and a national FBI fingerprint-based criminal history check for the primary provider and any adult with direct contact with children. The FBI check alone typically adds 4 to 8 weeks to your timeline.
Disqualifying events include any conviction for a crime against a child, certain felonies (assault, criminal sexual conduct, drug distribution), and substantiated maltreatment findings. DHS sends each person a clearance or a set-aside request. One disqualified household member disqualifies your whole application.
You pay the study fee per person. As of 2024, NETStudy costs $20 per individual study for non-fingerprint checks and $44 for studies requiring FBI fingerprinting. DHS adjusts these periodically, so confirm the current amount when you apply. [3]
Studies renew every two years for active providers. If someone new moves in, submit a new study for that person before they are present while children are in care.
What training and certifications do you need before applying?
Minnesota Statutes §245A.14 and Minn. Rules 9502.0385 set the pre-service training. Before DHS issues your license, you finish all of the following. [4]
CPR and First Aid: Pediatric CPR and first aid from an approved organization (American Red Cross, American Heart Association, or equivalent). It has to be current and cover infant and child rescue breathing, and you keep it current for the life of your license.
Sudden Unexpected Infant Death (SUID) prevention training: At least 2 hours on safe sleep. This became a hard requirement after Minnesota updated its licensing rules in 2015.
Shaken Baby Syndrome (Abusive Head Trauma) training: 2 hours minimum. DHS provides an approved online course.
Orientation to Child Care Licensing: A DHS session that walks through the rules, your rights, and the inspection process.
Ongoing annual training: Once licensed, you need at least 16 hours of in-service training a year on child development and health topics. At least 2 of those hours cover Sudden Unexpected Infant Death prevention if you serve infants.
None of these cost much on their own. But scheduling a CPR class before your application clears can take a few weeks. Line it up early.
What home inspection requirements does Minnesota have for family daycare?
Before your license is issued, a DHS licensor inspects your home in person against Minn. Rules 9502.0415 through 9502.0445, which cover space, safety, and sanitation. [5]
Space: Each child needs at least 35 square feet of usable indoor activity space, and bathrooms, hallways, and closets don't count. Infant sleeping areas stay separate from activity areas and meet safe sleep standards.
Outdoor play space: If you use an outdoor area, it has to be fenced or otherwise enclosed so children can't wander off. Family child care has no mandated square footage per child outdoors, but the space has to be free of hazards.
Water and sanitation: Hot and cold running water where children are changed or eat. Handwashing sinks stay accessible. Diaper-changing surfaces get sanitized between every use.
Firearms and medications: Firearms stay unloaded in a locked container. Ammunition stays separate and also locked. All medications (prescription and over-the-counter) stay out of reach, and controlled substances stay locked.
Pets: Any pet on the premises has to be vaccinated and manageable around children. You disclose pets on your application. A dog with a bite history is grounds for denial.
You get a written inspection report. Minor deficiencies get a correction order with a deadline, usually 30 days. Serious hazards get fixed before any child walks in.
How much does a Minnesota family child care license cost?
The license fee is cheap. Everything around it is not. The initial Family Child Care license fee is $30, and biennial renewal is also $30. [6] That figure hasn't kept up with administrative costs, and DHS has proposed increases in past sessions, so confirm the current amount when you apply.
The real money sits in the costs surrounding the license: background study fees ($20 to $44 per household member), CPR and first aid training ($60 to $100 per person depending on provider), any home modifications your inspection turns up, and liability insurance.
On insurance: Minnesota rules don't explicitly require liability coverage as a condition of an FCC license (centers are different), but carrying it is standard practice. A standalone home daycare liability policy runs $300 to $600 per year. And watch this: some home insurance carriers will cancel your homeowner's policy outright if they learn you're running a business from the property. Read our guide to home daycare insurance for coverage options.
For context, Child Care Aware of America's 2023 cost report found Minnesota center-based infant care averages more than $17,000 per year, which explains why home care appeals to families and providers alike. [7]
What are Minnesota's child-to-staff ratios for home daycare?
Minnesota bakes its ratios into capacity limits rather than stating a clean staff-to-child number. At any given time: [2]
- One licensed provider alone can care for up to 8 children, with no more than 2 infants under age 1, no assistant needed.
- With an assistant present, the household can serve up to 14 children, with no more than 4 infants and toddlers under age 2.
- Your own children under age 10 count toward those numbers.
Here's the reality nobody puts in the rulebook. A solo provider with a mixed-age group rarely hits the 8-child limit, because managing 8 kids alone in a house is exhausting and raises your odds of a complaint. Most home providers run 4 to 6 children.
| Situation | Max children | Max infants (under age 1) |
|---|---|---|
| Provider alone | 8 | 2 |
| Provider + assistant | 14 | 4 under age 2 |
| Any situation | 14 (hard cap) | 4 under age 2 (hard cap) |
These numbers include your own children under 10. School-age kids who are in care only before and after school and over summer may count differently, and your licensor can walk you through the mixed-age formula.
Comparing states? Ohio's family child care rules (Ohio Administrative Code 5101:2-13) cap a Type-A home at 12 children with similar age-based sub-limits, so the broad structure holds even when the exact numbers don't.
What health and safety rules apply inside a licensed home daycare in Minnesota?
Minnesota's health and safety rules for family child care live in Minn. Rules 9502.0385 through 9502.0460. The full document runs dozens of pages, but the items providers actually flunk on their first inspection cluster into a handful of categories. [5]
Safe sleep: Every infant sleeps in a crib, bassinet, or play yard with a firm flat mattress and a fitted sheet. No bumpers, blankets, positioners, or soft items. Infants go on their backs. No sleeping in swings, bouncers, or car seats outside a vehicle. The DHS rule mirrors American Academy of Pediatrics safe sleep guidance.
Medication and illness: You need a written medication policy. Parents provide written authorization for anything, even over-the-counter. Children with fever above 101°F, uncontrolled diarrhea, or vomiting stay excluded until symptom-free.
Food safety: If you serve food, and most providers do, you follow safe handling and storage. Infants get held while bottle-feeding. Propping a bottle is prohibited.
Emergency preparedness: Keep a written emergency plan, run drills at least twice a year, and log them. A working phone stays accessible during all care hours.
Cleaning and sanitation: Toys, surfaces, and diaper areas get cleaned and sanitized on a schedule. Our guide to daycare cleaning has the product dilution ratios and surface-contact times DHS inspectors look for.
Transportation: If you transport children, you meet the same car seat rules as a licensed center. Booster and car seat requirements follow Minnesota Statutes §169.685.
How long does the Minnesota home daycare licensing process take?
Plan for 60 to 90 days from a complete application to a license in hand. Some applicants clear it in 45 days. Some wait longer, usually when FBI fingerprint checks back up or an inspection correction order needs a second review.
Here is a realistic timeline:
| Step | Typical time |
|---|---|
| Gather documents, complete pre-service trainings | 2-4 weeks |
| Submit application to DHS regional office | Day 0 |
| DHS confirms completeness | 1-2 weeks |
| Background studies processed (non-FBI) | 2-4 weeks |
| FBI fingerprint checks (if required) | 4-8 weeks, sometimes longer |
| Licensor schedules home inspection | 1-2 weeks after backgrounds clear |
| Inspection, correction orders if any | 1-3 weeks |
| License issued | Within a few days of all items resolved |
You cannot legally accept children or take payment until the license is issued. Don't let a parent talk you into starting "just a week early" because your license is "practically approved." That is unlicensed care, and the legal exposure is real.
DHS splits the state into licensing regions. Your local region office handles your application. The regional office contact list lives on the DHS child care licensing page. [11]
How do Child Care Assistance Program subsidies work for licensed home daycare in Minnesota?
Once you're licensed, qualifying families in your care can use Minnesota's Child Care Assistance Program (CCAP) to pay part or all of your fee. CCAP is Minnesota's version of the federal Child Care and Development Fund (CCDF). [8]
To accept CCAP, you sign a provider agreement with the county running the family's case. Your reimbursement rate is set by county and by child age group, based on annual DHS market rate surveys. As of the 2023 market rate study, family child care providers in the Twin Cities metro can receive roughly $1,100 to $1,400 per month per infant through CCAP, though exact rates vary by county tier. [9]
Federal CCDF rules require states to pay CCAP rates at or above the 75th percentile of market rates, a threshold Minnesota has historically struggled to hit for every age group. Check the current DHS rate schedule, because these numbers move. [8]
CCAP carries real administrative overhead: attendance records, billing portals, occasional audits. A small number of providers have faced fraud allegations for overbilling. Read our piece on Minnesota daycare fraud to see the enforcement pattern and how to keep your records clean.
ChildCareComp's compliance toolkit includes CCAP billing checklists and attendance templates that match what DHS auditors look for.
How does Minnesota handle license renewals and ongoing compliance monitoring?
A Family Child Care license is valid for two years. DHS sends a renewal notice before expiration, but the responsibility to renew on time is yours. Late by a single day means you lapse into unlicensed status. [11]
DHS runs announced and unannounced inspections during your license period, and the frequency tracks your compliance history. A provider with no violations may see one inspection per period. A provider with prior correction orders sees more.
Complaints from parents, neighbors, or anyone else trigger a separate investigation. DHS must investigate a maltreatment allegation within 24 hours. Non-maltreatment complaints (noise, suspected overcapacity) get investigated within 20 business days. You get written notice of the complaint and the outcome.
License actions run from a correction order (fix this by a date) to a conditional license (operate under restrictions) to suspension or revocation. Revocation is permanent on your record and affects your ability to work in any licensed child care setting in Minnesota.
Keep a file with all trainings and certifications with dates, background study results, annual fire and emergency drill logs, medication authorization forms, child enrollment records, and any written parent complaints with your responses. Inspectors review these during visits. A clean binder or digital folder takes about an hour to build and saves you real grief during an unannounced visit.
What are the most common reasons Minnesota home daycare applications get denied or delayed?
Based on what DHS correction orders and denial notices typically cite, these are the recurring problems.
Incomplete background studies. If any household member 13 or older hasn't finished the NETStudy submission by the time DHS reviews your file, the whole application stalls. Get every household member to submit in week one.
Disqualifying criminal or maltreatment history. You can request a set-aside for certain non-violent offenses, but that adds weeks with no guarantee. Be honest on your application. DHS will find the record.
Physical space deficiencies. The 35-square-foot-per-child rule catches people off guard. Measure your dedicated care space before you apply. A finished basement can count if it meets egress requirements.
Missing or expired trainings. Showing up to your inspection without a current CPR card is an easy, avoidable delay.
Pet issues. An unvaccinated dog or a pet with a bite history can halt an application. Get vet records current first.
Firearms not stored right. Own firearms? Buy a proper gun safe before your inspection. A trigger lock alone does not meet the requirement.
The DHS family child care application checklist is on the DHS child care licensing page and is worth reading before you spend a dollar on training or equipment. [11]
Where can you find additional resources and support for starting a home daycare in Minnesota?
Several organizations beyond DHS help Minnesota home providers through licensing.
Child Care Aware of Minnesota (formerly the Child Care Resource and Referral network) provides free pre-licensing consultation, help with the application, and connections to local training. Their site is mnchildcareaware.org, and they work through regional Child Care Resource and Referral agencies across the state. [10]
Minnesota Child Care Association offers professional development and advocacy for family child care providers.
DHS Regional Licensing Offices are your direct line. They answer county-specific questions before you submit.
Minnesota Department of Health issues rules on lead paint assessment (required for homes built before 1978) and well water testing that touch your child care license. If your home predates 1978, check MDH guidance on lead exposure assessments before your DHS inspection.
On the business side, your daycare cost structure and the rates you set matter as much as passing inspection. Most providers undercharge their first year. Treat the CCAP rate schedules as a market floor, not a target.
For ongoing compliance help, state-specific checklists and renewal calendars live at ChildCareComp.
Frequently asked questions
Do I need a license to watch a neighbor's child for pay in Minnesota?
Yes. Minnesota requires a Family Child Care license any time you care for pay for one or more unrelated children in your home. There is no minimum number of children that lets you skip it. Caring for even one neighbor's child regularly for payment without a license is a misdemeanor under Minnesota Statutes §245A.
How many children can a home daycare watch in Minnesota?
A solo licensed provider can care for up to 8 children at once, with no more than 2 under age 1. With a licensed assistant, the cap rises to 14 total, with no more than 4 under age 2. Your own children under age 10 count toward these numbers. The 14-child limit is a hard ceiling regardless of staffing.
What background check is required for a Minnesota home daycare license?
Every household member age 13 or older must complete a DHS background study through NETStudy 2.0. The primary provider and anyone with direct child contact must also complete an FBI fingerprint-based criminal history check. Disqualifying findings include convictions for crimes against children, certain felonies, and substantiated child maltreatment. One disqualification in the household disqualifies the entire application.
How much does it cost to get a family child care license in Minnesota?
The state license fee is $30 for initial licensure and $30 for each two-year renewal. That is separate from background study fees ($20 to $44 per person), CPR and first aid training ($60 to $100), any required home modifications, and liability insurance ($300 to $600 per year). Total startup costs usually run $500 to $1,500 depending on household size and home condition.
Can I run a home daycare out of a rented house or apartment in Minnesota?
Yes, if your landlord permits it. Minnesota law does not prohibit licensed family child care in rentals, but your lease might. Some landlords restrict commercial activity. Disclose the intended use to your landlord before applying. Your licensor confirms the space meets physical requirements regardless of ownership. Get written landlord consent before investing in pre-license preparations.
What does the DHS home inspection look for in a Minnesota family daycare?
Inspectors check usable indoor space (at least 35 square feet per child), safe sleep equipment for infants, locked storage for firearms and medications, sanitation of diaper-changing areas, hot and cold running water near food prep and diapering, fenced outdoor space if used, and pet vaccination records. They also review your emergency plan and drill log. Deficiencies get a written correction order with a deadline.
How long does it take to get a home daycare license in Minnesota?
Plan for 60 to 90 days from submitting a complete application. FBI fingerprint background checks are the most common source of delay and can add 4 to 8 weeks on their own. Pre-licensing trainings (CPR, SUID, SBS) add 2 to 4 weeks before you can even submit. You cannot legally care for children or accept payment until the license is issued.
Does Minnesota require liability insurance for family child care providers?
Minnesota's licensing rules do not list liability insurance as a mandatory condition for a family child care license, unlike center licenses. But your existing homeowner's or renter's insurance almost certainly excludes business activity, so you have no coverage for incidents involving enrolled children without a separate policy. A dedicated home daycare liability policy runs roughly $300 to $600 per year and is strongly advisable.
How many hours of training does a Minnesota home daycare provider need each year?
Licensed family child care providers must complete at least 16 hours of in-service training annually. At least 2 of those hours must cover Sudden Unexpected Infant Death prevention if you serve infants. Topics must relate to child development, health, safety, or program administration. DHS accepts a range of approved providers, including CCR&R agencies, community colleges, and online platforms.
Can I accept CCAP (Minnesota's child care assistance) as a home daycare provider?
Yes. Once you hold a current Family Child Care license, you can sign a provider agreement with a county to accept CCAP payments for eligible families. Reimbursement rates are set by county and age group based on DHS market rate surveys. Accepting CCAP requires detailed attendance records and billing through the county system. Inaccurate billing is the most common source of fraud investigations.
Do I have to follow safe sleep rules in my Minnesota home daycare?
Yes. Minn. Rules 9502 requires that every infant sleep on a firm flat surface (crib, bassinet, or play yard with a fitted sheet), on their back, with no soft bedding or positioners. Infants cannot sleep in swings, bouncers, or car seats. You must also complete at least 2 hours of SUID prevention training before licensure. These rules mirror American Academy of Pediatrics guidance and are among the most closely checked items at inspection.
How often does DHS inspect a licensed home daycare in Minnesota?
DHS conducts at least one inspection per two-year license period. Providers with prior correction orders or complaints get more frequent visits. Inspections can be unannounced during operating hours. Maltreatment complaints trigger a required investigation within 24 hours. Non-maltreatment complaints are investigated within 20 business days. Inspection results are part of the public record on the DHS provider lookup.
What happens if I operate a home daycare without a license in Minnesota?
Operating without a license is a misdemeanor under Minnesota Statutes §245A.30. DHS can issue a cease-and-desist order, pursue criminal charges, and permanently bar you from future licensure. Families using an unlicensed provider cannot receive CCAP subsidies. DHS actively investigates complaints about unlicensed care, including tips from neighbors, and cooperates with county attorneys on prosecutions.
How does Minnesota's home daycare licensing compare to Ohio's requirements?
Both states require background checks, CPR and first aid training, and home inspections. Ohio's Type-A home license (Ohio Administrative Code 5101:2-13) allows up to 12 children with an assistant, slightly below Minnesota's 14-child cap. Ohio separates providers into Type-A and Type-B categories based on capacity, while Minnesota uses a single FCC license with assistant provisions. Fee structures are similar: low state fees with significant surrounding costs.
Sources
- Minnesota Office of the Revisor of Statutes, Minn. Rules 9502 (Family Child Care): Family child care capacity limits: up to 14 children total, 4 under age 2, with no more than 8 without an assistant; provider's own children under 10 count toward capacity
- Minnesota Department of Human Services, Background Studies (NETStudy 2.0): Household members age 13 and older must complete a DHS background study; FBI fingerprint check required for primary provider and adults with direct child contact; study fees $20 and $44 as of 2024
- Minnesota Office of the Revisor of Statutes, Minn. Rules 9502.0385 (Training Requirements): Pre-service requirements include pediatric CPR/first aid, SUID prevention training (2 hours), and Shaken Baby Syndrome training (2 hours); 16 annual in-service hours required
- Minnesota Office of the Revisor of Statutes, Minn. Rules 9502.0415 (Physical Environment): Each child requires at least 35 square feet of usable indoor activity space; safe sleep, firearm storage, and sanitation requirements detailed in rules 9502.0415-9502.0445
- Minnesota Statutes §245A.10, Licensing Fees: Initial Family Child Care license fee and biennial renewal fee are each $30 under current statute
- Child Care Aware of America, 'Demanding Change: Repairing Our Child Care System' 2023: Minnesota center-based infant care averages over $17,000 per year according to Child Care Aware of America 2023 annual cost report
- U.S. Department of Health and Human Services, Office of Child Care, Child Care and Development Fund (CCDF): CCDF (federal) requires states to pay CCAP rates at or above the 75th percentile of market rates; Minnesota's CCAP is its CCDF implementation
- Minnesota Department of Human Services, Child Care Assistance Program (CCAP) rate schedules: As of the 2023 market rate study, Twin Cities metro family child care providers can receive roughly $1,100 to $1,400 per month per infant through CCAP, varying by county tier
- Minnesota Statutes §245A.02, Definitions: Defines family child care program as care provided in the provider's own home; establishes basis for licensure requirement for paid care of unrelated children
- Minnesota Statutes §245A.30, Unlicensed Child Care: Operating child care without a required license is a misdemeanor; DHS may issue cease-and-desist and pursue criminal referral