Minnesota Administrative Rules
Agency 196 - Human Services Department
Chapter 9502 - LICENSING OF DAY CARE FACILITIES
Part 9502.0315 - DEFINITIONS

Subpart 1. Applicability.

As used in parts 9502.0315 to 9502.0445, the following terms have the meanings given them.

Subp. 2. Adult.

"Adult" means a person at least 18 years of age.

Subp. 3. Agency.

"Agency" means the county or multicounty social or human service agency governed by the county board or multicounty human services board.

Subp. 4. Applicant.

"Applicant" means the person seeking a license to be the primary provider of day care in the residence.

Subp. 5. Building official.

"Building official" means the person appointed in accordance with Minnesota Statutes, section 326B.133, to administer the State Building Code, or the building official's authorized representative.

Subp. 6. Caregiver.

"Caregiver" means the provider, substitute, helper, or another adult giving care in the residence.

Subp. 7. Child.

"Child" means a person ten years of age or younger.

Subp. 8. Commissioner.

"Commissioner" means the Minnesota commissioner of the Department of Human Services or the commissioner's authorized representative.

Subp. 9. Day care.

"Day care" means the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24 hour day.

Subp. 10. Department.

"Department" means the Minnesota Department of Human Services.

Subp. 11. Family day care.

"Family day care" means day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all children of any caregiver when the children are present in the residence.

Subp. 12. Fire marshal.

"Fire marshal" means the person designated by Minnesota Statutes, section 299F.011 to administer and enforce the Minnesota Uniform Fire Code, or the fire marshal's authorized representative.

Subp. 13. Group family day care.

"Group family day care" means day care for no more than 14 children at any one time. The total number of children includes all children of any caregiver when the children are present in the residence.

Subp. 14. Helper.

"Helper" means a person at least 13 years of age and less than 18 years of age who assists the provider with the care of children.

Subp. 15. Agent of a board of health.

"Agent of a board of health" as authorized under Minnesota Statutes, section 145A.04, means the designated representative of the state or board of health authorized to enforce state and local health codes.

Subp. 16. Infant.

"Infant" means a child who is at least six weeks of age but less than 12 months of age.

Subp. 17. License.

"License" means a certificate issued by the commissioner authorizing the provider to give specified services for a specified period of time in accordance with the terms in parts 9502.0315 to 9502.0445; Minnesota Statutes, chapter 245A; and the rules of the department.

Subp. 18. Licensed capacity.

"Licensed capacity" means the total number of children ten years of age or younger permitted at any one time in the residence. The licensed capacity includes all children of any caregiver when the children are present in the residence.

Subp. 19. Medicine.

"Medicine" means a prescription or nonprescription substance taken internally or applied externally to prevent or cure disease, heal, or relieve pain.

Subp. 19a. Mental illness.

"Mental illness" means the inability to interpret reality realistically and the impaired functioning in primary aspects of daily living, such as personal relations, living arrangements, work, and recreation; which is listed in the International Classification of Diseases (ICD-9-CM) Ninth Revision (1980), code range 290.0-299.9, or the corresponding code in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-III) Third Edition (1980), Axes I, II, or III. These publications are incorporated by reference and are not subject to frequent change. They are available in the State Law Library.

Subp. 19b. Minnesota State Fire Code.

"Minnesota State Fire Code" means those codes and regulations adopted by the state fire marshal in accordance with Minnesota Statutes, section 299F.011 and contained in chapter 7510.

Subp. 20. Newborn.

"Newborn" means a child between birth and six weeks of age.

Subp. 21. Parent.

"Parent" means a person who has the legal responsibility for a child such as the child's mother, father, or legally appointed guardian.

Subp. 22. Preschooler.

"Preschooler" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 19, paragraph (e).

Subp. 23. [Repealed, 10 SR 2617]

Subp. 24. Provider.

"Provider" means the license holder and primary caregiver.

Subp. 25. Related.

"Related" means any of the following relationships by marriage, blood, or adoption: parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, child, niece, nephew. Related also includes a legally appointed guardian.

Subp. 26. Regularly or regular basis.

"Regularly" or "regular basis" means a cumulative total of more than 30 days within any 12 month period.

Subp. 27. Residence.

"Residence" means the dwelling unit, as defined by section 405 of the State Building Code, in which day care is provided and which is occupied as a home.

Subp. 28. School age.

"School age" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 19, paragraph (f).

Subp. 28a. State Building Code.

"State Building Code" means those codes and regulations adopted by the commissioner of administration in accordance with Minnesota Statutes, section 326B.101 and contained in chapter 1300.

Subp. 29. Substitute.

"Substitute" means an adult at least 18 years of age who assumes the responsibility of the provider as specified in part 9502.0365, subpart 5.

Subp. 29a. Supervision.

"Supervision" means a caregiver being within sight or hearing of an infant, toddler, or preschooler at all times so that the caregiver is capable of intervening to protect the health and safety of the child. For the school age child, it means a caregiver being available for assistance and care so that the child's health and safety is protected.

Subp. 30. Toddler.

"Toddler" has the meaning given in Minnesota Statutes, section 245A.02, subdivision 19, paragraph (d).

Subp. 31. Variance.

"Variance" means written permission by the commissioner for a provider or applicant to depart from the provisions of parts 9502.0315 to 9502.0445.