Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
License application.
A license to operate a family or group family day care
residence must be obtained from the department.
A. Application for a license must be made on
the application form issued by the department. The application must be made in
the county where the applicant resides.
B. The applicant shall be the person who will
be the provider of care in the residence, present during the hours of
operation, and who shall be legally responsible for the operation of the
residence.
C. An application for
licensure is complete when the applicant completes, signs, and submits all
department forms and documentation needed for licensure to the agency and the
agency receives all inspection, zoning, evaluation, and investigative reports,
documentation, and information required to verify compliance with parts
9502.0315 to
9502.0445 and Minnesota
Statutes.
Subp. 2.
Licensing study.
The applicant shall give the agency access to the residence for
a licensing study to determine compliance with parts
9502.0315 to
9502.0445.
A. If, in the judgment of the agency
representative, a potentially hazardous condition may be present, due to a
violation of parts
9502.0315 to
9502.0445, the applicant shall
obtain an inspection from a fire marshal, building official, or agent of a
board of health as authorized under Minnesota Statutes, section
145A.04
to verify the absence of hazard and report to the agency.
B. The residence must comply with any
applicable local ordinances. If the commissioner or the agency has reasonable
cause to believe a hazardous condition may be present and requests an
inspection by a fire marshal, building official, or authorized agent, then any
condition cited by a fire marshal, building official, or authorized agent as
hazardous and creating an immediate danger of fire, or threat to human life and
safety, must be corrected or a variance approved in accordance with subparts
8,
8a, and
8b prior to issuance of a
license.
C. An initial inspection
of the residence by a fire marshal to determine compliance with the Minnesota
Uniform Fire Code and compliance with orders issued are conditions of licensure
for all residences with freestanding solid fuel heating appliances;
manufactured (mobile) homes; new applicants for licensure with a licensed
capacity of more than ten; day care residences which use the basement for child
care; and residences in mixed or multiple occupancy buildings. "Multiple
occupancy building" means a structure with two or more residential dwelling
units such as a duplex, apartment building, or townhome. "Mixed occupancy
building" means a residence in a structure that contains nonresidential
occupancies or an attached garage.
D. The commissioner or agency may require,
prior to licensure, or anytime during the licensed term of day care, a
physical, mental illness, or chemical dependency or abuse evaluation of any
caregiver or person living in the residence or present during the hours
children are in care if the agency has reasonable cause to believe that any of
the disqualification factors in subpart
6, item A, exist, or that the
provider is not physically able to care for the children. These evaluations,
conducted by a licensed physician, psychiatrist, psychologist, consulting
psychologist, or certified chemical dependency practitioner or counselor may be
used to verify physical or mental illness, chemical dependency or chemical
abuse, or behavior that would reflect on the ability of the provider to give
day care.
Subp. 3.
[Repealed, 15 SR 2105]
Subp. 4.
Period of licensure; nontransfer.
A license must be issued by the department when the provider
fully complies with parts
9502.0315 to
9502.0445. The period of licensure
may be up to two years. The license must not be transferred to another
provider.
Subp. 5.
Initial license.
An applicant for initial licensure may be granted a license by
the department for up to two years if all laws and rules cannot be met
immediately, the deviations from parts
9502.0315 to
9502.0445 do not threaten the
health, rights, or safety of the children, and which will be corrected within
the time specified by the commissioner but not to exceed two years. Failure to
correct deviations within the stated time shall be cause for revocation,
suspension, or nonrenewal.
Subp.
6.
Disqualification factors.
An applicant or provider shall not be issued a license or the
license shall be revoked, not renewed, or suspended if the applicant, provider,
or any other person living in the day care residence or present during the
hours children are in care, or working with children:
A. Abuses prescription drugs or uses
controlled substances as specified in Minnesota Statutes, chapter 152, or
alcohol, to the extent that the use or abuse has or may have a negative effect
on the ability of the provider to give care or is apparent during the hours
children are in care. Caregivers who have abused prescription drugs or have
been dependent on controlled substances as specified in Minnesota Statutes,
chapter 152, or alcohol, such that the use, abuse, or dependency has had a
negative effect on the ability to give care, was apparent during the hours
children are in care, or required treatment or therapy, must have 12 months of
verified abstinence before licensure.
B. [Repealed, L 1991 c 38 s 2]
C. Refuses to give written consent for the
disclosure of criminal history records as specified in Minnesota Statutes,
section
245C.09.
D. Has a disqualification under Minnesota
Statutes, section
245C.15,
that is not set aside under Minnesota Statutes, section
245C.22,
or for which a variance has not been granted under Minnesota Statutes, section
245C.30.
E. Has had a child placed in foster care
within the past 12 months and the agency determines the reasons for placement
reflect on the ability of the provider to give care. A license may not be
denied if the primary reason for the placement was due to a physical illness of
the parent, developmental disability of the child, a disability of the child,
or for the temporary care of an infant being relinquished for
adoption.
F. Has had a child placed
in residential treatment within the past 12 months for emotional disturbance or
antisocial behavior and the agency determines that the reasons for the
placement reflect on the ability of the provider to give care.
Subp. 7. [Repealed, 15 SR
2043]
Subp. 8.
Variance
standard.
An applicant or provider may request a variance from compliance
with parts
9502.0315 to
9502.0445. When reviewing a
variance request of parts
9502.0315 and
9502.0445, the department shall
assess whether alternative methods are identified by the applicant or provider
to ensure the health, safety, and protection of children in care. A variance
may be granted only if:
A. the
applicant complies with all applicable laws, ordinances, and
regulations;
B. specific equivalent
measures are identified by the applicant or provider to ensure the health,
safety, and protection of the children in care;
C. any variance to the safety provisions in
part
9502.0425, subparts
4,
5,
6,
7,
12,
15,
16, 17, and 18 which relate
to the Minnesota Uniform Fire Code is approved by a fire marshal and
alternative measures are identified to ensure the safety of children in
care;
D. any variance of the
provisions in part
9502.0435 relating to sanitation
and health and part
9502.0445 on water, food, and
nutrition are approved by an authorized agent and alternative measures are
identified to ensure the health of children in care;
E. any variance of the provisions in part
9502.0425 relating to subparts
10, stairways; 11, decks;
and 13, sewage disposal which relate to the State Building Code, are approved
by a building official and alternative measures are identified to ensure the
health and safety of children in care; and
F. any variance to subpart
6, item F must have clear and
convincing evidence presented by the applicant or provider that no threat or
harm whatsoever will result to the children in care due to the granting of the
variance. The department shall consider the nature of the crime committed and
the amount of time which has elapsed without a repeat of the crime.
Subp. 8a.
Variance
procedure.
Request for a variance must comply with and be handled
according to the following procedures.
A. An applicant or provider must submit to
the agency a written request for a variance. The request must include the
following information:
(1) the sections of
parts
9502.0315 to
9502.0445 with which the applicant
or provider cannot comply;
(2) the
reasons why the applicant or provider needs to depart from the specified
sections;
(3) the period of time
for which the applicant or provider requests a variance; and
(4) the specific equivalent alternative
measures which the applicant or provider will provide so the health, safety,
and protection of children in care are ensured if the variance is
granted.
B. An applicant
or provider must submit to the agency written approval from a fire marshal of a
variance request and the alternative measures identified to ensure the safety
of children in care when a variance of the fire safety provisions in part
9502.0425 on physical environment
is requested. These are part
9502.0425, subpart
4, means of escape; subpart
5, occupancy separations;
subpart
6, vertical separations;
subpart
7, heating and venting
systems; subpart
12, locks and latches;
subpart
15, interior walls and
ceilings; subpart
16, extinguishers; subpart
17, smoke detection systems; and subpart 18, electrical services.
C. An applicant or provider must submit to
the agency written approval from an authorized agent of a variance request and
the alternative measures identified to ensure the safety of children in care
when a variance of the health provisions in parts
9502.0435 on sanitation and
health, and 9502.0445 on water, food, and nutrition is requested.
D. An applicant or provider must submit to
the agency written approval from a building official of a variance request and
alternative measures identified to ensure the health and safety of children in
care when a variance is requested of the standards contained in part
9502.0425 relating to subparts
10, stairways; 11, decks;
and 13, sewage disposal.
Subp.
8b. [Repealed, 30 SR 585]
Subp.
9.
License terms.
The license must indicate:
A. the number and age groupings of children
who may receive care at any one time;
B. the expiration date of the license and
location of the residence;
C. the
name and address of the provider; and
D. that the provider is licensed under parts
9502.0315 to
9502.0445 of Minnesota
Rules.
Subp. 10.
Posting license.
The provider shall post the license in the residence in a
prominent place.
Subp. 11.
Change in license terms.
The following shall apply to changes in the terms of a
license.
A. A new department
application form must be submitted by the provider and a full licensing study
as specified in part
9502.0335, subpart
2, must be completed when the
provider wants to move the day care operation to a new residence or the
provider wants to change to group family day care from family day
care.
B. A new department
application form indicating the changes in the ages and numbers of children in
care must be completed when the provider wants to change to family day care
from group family day care.
C. A
background study must be initiated and completed as required under Minnesota
Statutes, chapter 245C.
Subp.
12.
Number of licenses.
No provider shall be issued a license to operate more than one
day care residence.
Subp.
13.
Access to residence.
The provider shall give authorized representatives of the
commissioner or agency access to the residence during the hours of operation to
determine whether the residence complies with the standards of parts
9502.0315 to
9502.0445. Access shall
include:
A. the residence to be
occupied by children in care;
B.
any adjoining land or buildings owned or operated by the applicant or provider
in conjunction with the provision of day care and designed for use by the
children in care;
C.
noninterference in interviewing all caregivers and household members present in
the residence on a regular basis and present during the hours of operation;
and
D. the right to view and
photocopy the records and documents specified in part
9502.0405.
Subp. 14. [Repealed, 15 SR 2105]
Subp. 15.
Return of license to
commissioner.
When a provider stops giving care, or if a license is revoked,
suspended, or not renewed, the provider shall return the license to the
commissioner, stop all advertising and refrain from providing care to children
in excess of the exclusions specified in part
9502.0325, subpart
3.
Subp. 16. [Repealed, 15 SR 2105]
Statutory Authority: MS s
14.386;
14.388;
245A.02;
245A.03;
245A.04;
245A.09;
245A.16;
252.28
