Require a new legal nonlicensed (LNL) provider to register with your CCAP agency. See Chapter 11.12 (Provider Registration).
Apply the following criteria to determine if a provider can be a LNL provider. Providers must:
· Be at least 18 years of age.
· Not be a member of the MFIP assistance unit, or a member of the family applying for or receiving child care assistance.
· Not live in the same home as the child whose family is applying for or receiving child care assistance.
· Provide child care only to related children, and/or provide child care to children from a single unrelated family at one time. Related means the provider is the child’s sibling, grandparent, great-grandparent, aunt, or uncle of the child, based on blood relationship, marriage or court decree. Cultural or tribal relationships that do not meet this definition are not considered “related” for purposes of determining provider training requirements.
· Have current certification in First Aid and CPR. Some LNL providers must meet additional training requirements to be authorized for child care. See CCAP Manual 11.9.9 (Legal Nonlicensed Providers-Training Requirements).
· Not be excluded or debarred in another Department of Human Services (DHS) program.
· Not be determined (or not live with someone who has been determined) disqualified from providing direct care services through the background study process. See CCAP Manual 11.9.12 (Legal Nonlicensed Providers – Background studies).
When a parent chooses a LNL provider, send the parent and provider a copy of:
· The Health and Safety Resource List for Parents and Legal Nonlicensed Providers DHS-5192A (PDF) form. This form includes federally-required health and safety information.
· Keeping children safe in your home DHS-5192B (PDF). This form identifies health and safety requirements for legal nonlicensed providers. Providers that are not related to all the children on child care assistance they care for will be monitored annually for compliance with these requirements. See Chapter 11.09.18 (Legal nonlicensed providers – Annual monitoring).
Require a signed Parent Acknowledgment When Choosing a Legal Nonlicensed Provider Form DHS-5367 (PDF) when a family chooses a LNL provider. Require a separate form for each LNL provider the family chooses.
The Parent Acknowledgment When Choosing a Legal Nonlicensed Provider Form DHS-5367:
· Describes the registration process for LNL providers
· Describes the participant’s responsibilities and rights when choosing a LNL provider
· Includes an acknowledgment that the participant and LNL provider will review the health and safety information provided by your county
· Includes an assurance that the participant will provide an immunization record for each child to the LNL family child care provider within 90 days of the date that care begins, and will update the information as necessary.
Require the provider to complete and sign a CCAP Legal Nonlicensed Provider Registration and Acknowledgement DHS-5192-ENG (PDF) form. See Chapter 11.12 (Provider Registration).
Providers must also receive:
· CCAP Training Requirements for Legal Nonlicensed Family Providers DHS-6419 (PDF)
· Legally Nonlicensed (LNL) Provider Training Documentation Form DHS-3769A (PDF)
· Legal nonlicensed (LNL) child care emergency plan (DHS-7414B) template. All legal nonlicensed providers must develop and document their emergency preparedness plans using a DHS-developed template. This form is not yet available. The Department of Human Services will notify agencies when this form is available and must be sent to new legal nonlicensed providers.
In addition to the required forms identified, agencies are encouraged to share the following additional resources with legal nonlicensed providers:
Legal nonlicensed providers must provide care that meets minimum health and safety requirements. Agencies ensure health and safety by:
· Providing health and safety information to families and providers as part of the registration process. This includes Keeping children safe in your home DHS-5192B (PDF). This form identifies health and safety requirements for legal nonlicensed providers.
· Requiring legal nonlicensed providers to meet training requirements. See Chapter 11.9.9 (Legal nonlicensed providers – Training requirements)
· Requiring all legal nonlicensed providers to complete an emergency preparedness plan. See Chapter 11.9.15 (Legal nonlicensed providers – Emergency plans).
· Monitoring unrelated legal nonlicensed providers annually. See Chapter 11.9.18 (Legal nonlicensed providers – Annual monitoring).
For information on the hourly rate to pay LNL providers, see Chapter 9.24.3 (Child Care Rates, Registration Fees, Copayments).
Do not pay registration fees to LNL providers.
Minnesota Statutes 1, subd.03
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Minnesota Statutes 119B.01, subd. 5
Minnesota Statutes 119B.01, subd. 19
Minnesota Statutes 119B.12, subd. 1 and 2, 3, 5
Minnesota Statutes 245A.03 subd. 2(b)
Minnesota Statutes 245A.10 subd. 2 (b)
Minnesota Statutes 245C.03 subd. 2, (a)(1), (a)(2), and (b)
Minnesota Statutes 245C.08
Minnesota Statutes 245C.14
Minnesota Statutes 245C.15
Minnesota Rules 3400.0120
Minnesota Rules 3400.0110 subp. 2a
Minnesota Rules 3400.0140 subp. 5
Minnesota Rules 3400.0035 subp. 8 and 9