Minnesota family child care license: classes, ratios, training and the 2027 rewrite

Two sets of rules: the one you apply under and the one starting July 1, 2027

If you apply in 2026 or the first half of 2027, Minnesota Rules, parts 9502.0315 to 9502.0445 still govern your home. These rules date from 1985 and still say “Department of Human Services” in places; child care licensing has since moved to DCYF ⁠¹⁴, and the statutes were renumbered into chapter 142B ⁠¹⁠⁸. In its 2026 session the Legislature passed a “Family Child Care Licensing Modernization” article. It writes a new chapter, Minn. Stat. 142I, repeals the family child care rule parts of Minn. R. 9502 (9502.0300 to 9502.0445, sixteen parts listed by number), repeals most of the training statute (142B.70) and takes effect July 1, 2027 ⁠¹³.

What that means for planning:

• The capacity and ratio tables below change on July 1, 2027. The new chapter replaces classes A-D with a class A license and five class C levels, the largest allowing 18 children with two adults ⁠¹³.
• The annual ongoing training requirement for the primary provider and second adult caregiver drops from 16 hours under 142B.70 to ten hours under 142I.10 ⁠¹¹⁠¹³.
• “Special family child care homes” (care outside your own residence) become “community-based family child care”, with up to six licenses allowed at one site instead of four ⁠¹⁰⁠¹³.

Neither the 2026 law nor DCYF’s licensing page, as published on 2026-10-12, says how an existing class A-D license converts to the new classes on July 1, 2027. The new chapter does say that relocating, changing between class A and class C, or moving to a higher C class requires a new application ⁠¹³. Ask your county licensor, before you choose a class, whether and when your license will be reissued under the new class.

DCYF has also told providers that from July 1, 2026, you can ask for interpretive guidance on a correction order issued on or after that date if you think a rule was read wrongly. You must make that request before you ask for reconsideration ⁠¹⁵.

Do you need a license?

Under Minn. R. 9502, “day care” means caring for a child in a residence other than the child’s own home, on a regular basis, whether or not you are paid. “Regular basis” means more than 30 days in total within any 12 months ⁠¹. “Child” means a person aged ten or younger ⁠¹.

You do not need a license for ⁠²⁠⁸:

• care by a relative of only related children (parent, grandparent, sibling, stepparent, aunt, uncle, niece, nephew and similar relationships by blood, marriage or adoption, plus legal guardians ⁠¹);
• care of children from a single unrelated family, for any length of time;
• care for a total of fewer than 30 days in any 12-month period.

The relative and single-family exclusions cannot be combined ⁠². Once you care for a second unrelated family’s children, or mix your sister’s children with a neighbor’s, you need a license.

A program run somewhere other than a licensed family or group family home generally needs a child care center license instead; see child care centers. One exception sits in between, and it is covered in the section on special family child care below.

License classes, capacity and ratios under Minn. R. 9502

Your license states a total capacity, meaning every child aged ten or younger present at once, including your own and any other caregiver’s children ⁠⁵. Inside that total, age limits cap how many children are under school age, how many are infants and toddlers, and how many are infants ⁠⁵⁠⁶. An infant is at least six weeks but under 12 months old; a newborn is under six weeks ⁠¹. DCYF’s Age Group Definitions sheet (DHS-7734) gives the toddler and preschooler definitions used for counting ⁠¹⁴.

Scroll the table sideways to see every column.

Sources: ⁠⁶; class letters from DCYF’s Age Group Definitions sheet (DHS-7734) ⁠¹⁴; the class B and D link from ⁠¹⁰.

The rule adds these limits:

• Newborns. If only one adult is present and a newborn is in care, the newborn must be the only child under 12 months and you may care for no more than two other children, unless the newborn is your own ⁠⁵.
• Helpers. A helper aged 13 to 17 can stand in for a second adult caregiver only when no more than one infant or toddler is present; the 14-child group license is the one that requires two adults ⁠¹⁠⁵⁠⁶. In a specialized infant and toddler group license, both caregivers must be adults ⁠⁶.
• Class D on one-caregiver days. A class D program may operate as a class B program on days when only one caregiver is there ⁠¹⁰.
• You must be there. The license holder must be the primary provider of care. Substitutes are limited to 30 days in total in any 12 months ⁠⁵.

What changes on July 1, 2027

Scroll the table sideways to see every column.

Source: ⁠¹³.

A class C5 program must always operate on the level of exit discharge. A class C program may operate at a lower C level on days when its staffing only supports the smaller ratio ⁠¹³. The new chapter also sets overnight rules: if any child is in care between 11 p.m. and 5 a.m., at least one adult caregiver must stay awake ⁠¹³.

Who can hold the license

The applicant must be an adult and must be the person who provides care in the home, is present during the hours of operation, and is legally responsible for the program ⁠³⁠⁴. With the application you submit proof of a physical examination by a licensed physician within the 12 months before initial licensure. Any adult who helps with care regularly needs the same proof from within 12 months before starting ⁠⁴.

For group family (class C) licenses the rule requires one of the following ⁠⁴:

1. Experience

   At least one year of substantial compliance as a licensed family day care provider.

2. Experience plus training

   Six months as a licensed family provider, plus an accredited competency-based family day care program; or 30 hours of child care, health and nutrition training plus 520 hours as an assistant teacher, student teacher or intern in an elementary school or licensed center, or as an assistant caregiver in a licensed group family home; or 30 hours of child development training plus 520 hours as an LPN or RN.

3. Credentials

   A two-year child development or early childhood associate or certificate program; a nine-month child development assistant program at a technical college; a Level I or II prekindergarten license; a K-6 teaching degree that includes at least 30 hours of child development; or six months of full-time teaching at a licensed center.

From July 1, 2027, this experience test applies to the new 18-child C5 class rather than to all group licenses. Routes include one year as a Minnesota license holder or second adult caregiver with at least 1,500 hours of direct care, a Child Development Associate credential, a Montessori certification, an early childhood bachelor’s degree, or six months averaging 30 hours a week as a teacher in a licensed center ⁠¹³.

Disqualification. You cannot be licensed if you, anyone living in the home, or anyone present during care hours has a background study disqualification under Minn. Stat. 245C.15 that has not been set aside or varied. Other grounds include refusing consent for criminal history disclosure, or substance use that affects care ⁠³. A child placed in foster care or residential treatment within the past 12 months can also count against you if the agency finds the reasons reflect on your ability to give care ⁠³.

Liability insurance. The rule does not require insurance. Either you carry general liability coverage of at least $100,000 per person and $250,000 per occurrence, or you give every family a written notice of your lower coverage (or lack of coverage). Each parent signs it, and you keep it in your records ⁠⁴.

The home: space, fire inspections and zoning

Space. You need at least 35 square feet of usable indoor space per child. A basement counts only if a fire marshal has inspected it, it is free of hazards and it meets the exit standards ⁠⁷. Outdoor play space must be at least 50 square feet per child, adjacent to the home. Alternatively, you can use a park or playground within 1,500 feet if a caregiver supervises children under school age there ⁠⁷. Double-cylinder locks (a key required on both sides) are prohibited on exit doors ⁠⁷.

Fire marshal inspection. An initial State Fire Code inspection by a fire marshal is a condition of licensure if any of these apply ⁠³:

• you have a freestanding solid-fuel heating appliance (a wood or pellet stove, for example);
• you live in a manufactured (mobile) home;
• you are a new applicant asking for capacity above ten;
• you will use the basement for child care;
• your home is in a multiple-occupancy building (duplex, apartment, townhome) or a mixed-occupancy building, and the rule counts an attached garage as mixed occupancy.

Because of the attached-garage wording, many single-family homes in Minnesota need the inspection. The DHS applicant guide (October 2020) says the inspection costs $50, and renters need the landlord’s permission for it ⁠¹⁶. The licensor can also order a fire, building or health inspection whenever a hazard may exist ⁠³.

The statute says you are not required to spend more than $100 on fire-safety work beyond what Group R occupancies require, and if the commissioner finds you would have to, the state may issue a conditional license instead. To get one, you agree in writing to tell every parent about the deficiencies on a state form they sign ⁠¹⁰.

Zoning. A licensed program with a capacity of 13 to 16 is treated as a permitted multifamily residential use for zoning. A city, town or county may still require a conditional or special use permit, but its conditions cannot be stricter than for other conditional uses of residential property ⁠¹⁰. Your application is not complete until the county has every required inspection and zoning report ⁠³.

Training before you open, and every year after

Under Minn. Stat. 142B.70 (in force until June 30, 2027) ⁠¹¹:

A “second adult caregiver” works alongside you more than 500 hours a year. Anyone working 500 hours or fewer is trained like a substitute ⁠¹¹. You can skip the initial 4-hour child development course if, for example, you took a three-credit early childhood development course or earned an early childhood degree within the past five years, or hold certain Minnesota teaching licenses ⁠¹¹. County licensors must accept training approved by the Minnesota Center for Professional Development, whether classroom, online or coaching-based ⁠¹¹.

From July 1, 2027, the pre-licensure list stays broadly the same under 142I.10. All initial training must be completed within the 24 months before you start providing care, and annual ongoing training drops to ten hours ⁠¹³.

Steps to get licensed

1. Contact your county or Tribal licensor

   Counties accept and process applications, inspect, recommend approval or denial to DCYF, process variance requests, monitor compliance, investigate complaints and issue correction orders ⁠¹⁴. You apply in the county where you live ⁠³.

2. Attend orientation

   DCYF lists the county or Tribal orientation as the second step, and DCYF has orientation video modules ⁠¹⁴. Counties may require orientation before they give you an application ⁠¹⁶.

3. Submit the application

   Send the Family Child Care Licensing Application (DHS-8206) and the Minnesota Department of Labor and Industry’s workers’ compensation certificate of compliance to the county licensor ⁠¹⁴. The application asks which license class you want, who lives and works in the home, your hours, references, and whether you plan to join a publicly funded program such as a food program or the Child Care Assistance Program ⁠¹⁶. DCYF says it is preparing its Provider Hub for new family child care applications; check with your county which channel it uses ⁠¹⁵.

4. Complete background studies

   Your licensor gives you the study forms ⁠¹⁴. You, every adult in the home and anyone who will work for you (even under 18) need a fingerprint-based study. Household members aged 13 to 17 get a name-based study ⁠¹⁶. Studies are repeated every five years and whenever someone moves in, starts working, or a child in the home turns 13 or 18 ⁠¹⁶. The fee is up to $44 per study ⁠¹².

5. Finish pre-licensure training

   (table above) ⁠¹¹.

6. Licensing study and inspections

   The county visits the home to check compliance, and any required fire marshal, building or health inspection happens here ⁠³.

7. License issued by DCYF

   The term is up to two years and the license cannot be transferred ⁠³. If some requirements cannot be met right away and the gaps do not threaten children’s health or safety, DCYF can issue an initial license with a correction deadline of no more than two years ⁠³.

Moving to a new home, or switching from family to group family day care, means a new application and a full licensing study ⁠³.

Fees

As published on 2026-10-12, Minnesota charges no state application or license fee for family or group family child care ⁠⁹. Your county may charge a license fee of up to $50 for a one-year license or $100 for a two-year license. It may let you pay in installments over up to a year, and if you receive Child Care Assistance Program payments, the fee can be deducted from them ⁠⁹.

Other costs set by rule or statute: background studies at up to $44 each ⁠¹², a fire marshal inspection where required (listed as $50 in the October 2020 DHS guide) ⁠¹⁶, and a physical exam for each adult caregiver ⁠⁴. Compare child care centers, which pay a $500 application fee ⁠⁹.

Caring outside your own home: special family child care

Minnesota lets some programs with 14 or fewer children run outside the license holder’s residence under the family child care rules rather than as a center. This applies when the license holder is ⁠¹⁰:

• the primary provider, in a dwelling on a residential lot;
• an employer caring for employees’ children;
• a church or religious organization;
• a community collaborative provider working with a community action agency;
• a nonprofit with two or more contracts with community employers;
• the primary provider, in commercial space.

These programs must meet local zoning and the State Fire Code. If more than five children are 2½ or younger, the space is classed as Group I-4 occupancy unless those rooms are on the level of exit discharge and each has a door straight outside. Otherwise it is Group E ⁠¹⁰. For employer, church, community collaborative, nonprofit and commercial-space programs, up to four licenses can share one location or one contiguous roof ⁠¹⁰. A commercial-space program must display a license that says it “is not licensed as a child care center” ⁠¹⁰. From July 1, 2027, these become community-based family child care programs, and up to six licenses may share a site that is not zoned as an R-2 residential occupancy ⁠¹³.

Once you are licensed

You must report to your licensor within 30 days when someone joins or leaves your household, or when you add a person who will regularly provide care ⁠¹⁶. Correction orders come from the county. Since July 1, 2026, you can ask DCYF for interpretive guidance before you ask for reconsideration ⁠¹⁵. Variance requests from the fire-safety rules need written approval from a fire marshal, and sanitation, water and food variances need approval from an authorized agent ⁠³. Under the 2027 chapter, DCYF must decide a variance request within 30 business days ⁠¹³.

This guide covers children cared for in a residence. A program in a separate building that does not qualify as special family child care needs a center license; see child care centers for how the license types differ.

Sources

1. 1
   Minnesota Office of the Revisor of Statutes, Minnesota Rules, part 9502.0315, Definitions Checked 12 Oct 2026 · Back to text ↑
2. 2
   Minnesota Office of the Revisor of Statutes, Minnesota Rules, part 9502.0325, Licensing of family day care and group family day care homes Checked 12 Oct 2026 · Back to text ↑
3. 3
   Minnesota Office of the Revisor of Statutes, Minnesota Rules, part 9502.0335, Licensing process Checked 12 Oct 2026 · Back to text ↑
4. 4
   Minnesota Office of the Revisor of Statutes, Minnesota Rules, part 9502.0355, Caregiver qualifications Checked 12 Oct 2026 · Back to text ↑
5. 5
   Minnesota Office of the Revisor of Statutes, Minnesota Rules, part 9502.0365, Licensed capacity, child/adult ratios Checked 12 Oct 2026 · Back to text ↑
6. 6
   Minnesota Office of the Revisor of Statutes, Minnesota Rules, part 9502.0367, Child/adult ratios; age distribution restrictions Checked 12 Oct 2026 · Back to text ↑
7. 7
   Minnesota Office of the Revisor of Statutes, Minnesota Rules, part 9502.0425, Physical environment Checked 12 Oct 2026 · Back to text ↑
8. 8
   Minnesota Office of the Revisor of Statutes, Minnesota Statutes, section 142B.05, Who must be licensed Checked 12 Oct 2026 · Back to text ↑
9. 9
   Minnesota Office of the Revisor of Statutes, Minnesota Statutes, section 142B.12, Fees Checked 12 Oct 2026 · Back to text ↑
10. 10
    Minnesota Office of the Revisor of Statutes, Minnesota Statutes, section 142B.41, Special conditions for nonresidential programs Checked 12 Oct 2026 · Back to text ↑
11. 11
    Minnesota Office of the Revisor of Statutes, Minnesota Statutes, section 142B.70, Family child care training requirements Checked 12 Oct 2026 · Back to text ↑
12. 12
    Minnesota Office of the Revisor of Statutes, Minnesota Statutes, section 245C.10, Background study fees Checked 12 Oct 2026 · Back to text ↑
13. 13
    Minnesota Office of the Revisor of Statutes, Laws of Minnesota 2026, chapter 127, article 13 (Family Child Care Licensing Modernization) Checked 12 Oct 2026 · Back to text ↑
14. 14
    Minnesota Department of Children, Youth, and Families, Become a family child care provider Checked 12 Oct 2026 · Back to text ↑
15. 15
    Minnesota Department of Children, Youth, and Families, Family child care licensing Checked 12 Oct 2026 · Back to text ↑
16. 16
    Minnesota Department of Human Services, Guide to Becoming a Licensed Family Child Care Provider, DHS-8013 (October 2020) Checked 12 Oct 2026 · Back to text ↑

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