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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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11.9 Legal Non-Licensed (LNL) Providers

ISSUE DATE: 04/2018

Require a new legal nonlicensed (LNL) provider to register with your county or tribe. LNL providers must complete the criminal background process and be authorized by your county or tribe. See Chapter 11.12 (Provider Registration).

Apply the following criteria to determine if a provider can be a LNL provider:

  • · At least 18 years of age.
  • AND
  • · Not a member of the MFIP assistance unit, or a member of the family applying for or receiving child care assistance.
  • AND
  • · Not living in the same home as the child whose family is applying for or receiving child care assistance.
  • AND
  • · Provides child care only to related children, and/or provides child care to children from a single unrelated family at one time. Related refers to the provider being a sibling, grandparent, aunt, or uncle of the child, based on blood relationship, marriage or court decree (grandparent include great-grandparents, aunt and uncle does not include great-aunts or great-uncles). Cultural or tribal relationships that do not meet this definition are not considered “related” for purposes of determining provider training requirements.
  • AND
  • · Has current certification in First Aid and CPR.
  • AND
  • · Has not been excluded or debarred in another Department of Human Services (DHS) program.
  • Required forms

    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-ENG (PDF) form.

    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 11.21 (Provider Authorization). The Legal Nonlicensed Provider Registration and Acknowledgement form includes information stating that the agency is required to keep a record of substantiated complaints concerning the health and safety of children in the care of LNL providers and that, upon request, information governing substantiated complaints must be released to the public as authorized under Minnesota Statutes 13.03.

    Training requirements

    Upon initial authorization, LNL providers must provide documentation of First Aid and CPR training instruction that includes CPR techniques for infants and children. Online components of First Aid and CPR training may qualify, except for the practical portion of CPR which is required in person. See Minnesota Statutes 245A.50 for further information. Agencies should consult with agency licensing staff about how to determine valid training for First Aid and CPR training requirements.

    The training must have been provided by individuals approved to provide such training. Agencies should align standards for acceptable training with standards used for approving licensed family child care provider First Aid and CPR training. The training must be effective as of the date the provider registration is approved. See Chapter 11.12 (Provider Registration).

    Upon each reauthorization after the initial authorization requiring First Aid and CPR training, if a provider still serves children receiving CCAP, the provider must take and provide proof of an additional eight hours of training in topics listed by the Minnesota Center for Professional Development Registry. First Aid and CPR courses may be counted in the additional eight hours of required training but are not required. All courses offered by the Child Care Aware agencies, which are listed in the Registry by the Minnesota Center for Professional Development, qualify toward the eight hours. Child Care Aware agencies coordinate and offer training that is listed in the Registry. Their staff can help providers find training that may be of most interest to them.

    LNL providers must also meet federally required health and safety training topics. See Chapter 11.9.9 (Legal Nonlicensed Providers – Training Requirements).

    Background study requirements

    Background study requirements for LNL providers are aligned with the background study requirements for a licensed family child care provider. The registration packet for LNL providers includes the Child Care Assistance Program Authorization for Release of Background Study DHS-5193 (PDF). The LNL provider must sign and return DHS-5193 to the agency for all individuals for whom a background study is required.

    Background studies are required for:

  • · The provider and each household member age 13 and older.
  • · Each household member age 10-12 living in the household where the provider services will be provided when the commissioner has reasonable cause as defined under MN Statutes 245C.02, Subd 15.
  • · An individual who, without providing direct contact services in the LNL program may have unsupervised access to children receiving services from the program, when the commissioner has reasonable cause.
  • Conduct a background study that includes findings from the Bureau of Criminal Apprehension, juvenile courts, and social service agencies. If the local county juvenile courts and social service agency do not maintain statewide records, contact the county where the provider currently resides and any counties where the provider resided in the past five years. A finding that a delinquency petition is proven in juvenile court must be considered a conviction in state district court.

    A county agency may charge a fee to a LNL provider or applicant for authorization to recover the actual cost of the background studies completed, not to exceed $100 annually.

    Counties may elect to reduce or waive the background check fees:

  • · In cases of financial hardship OR
  • · If the county has a shortage of providers in the county’s area OR
  • · For new providers OR
  • · For providers who have attained at least 16 hours of training before seeking initial licensure.
  • Counties may allow providers to pay the applicant fees on an installment basis for up to one year.

    When the background study reports are returned, review (or have reviewed) for conviction, admission of guilt or a preponderance of evidence indicating that the person has committed a criminal act that disqualifies them from being authorized as a LNL provider. The disqualifying acts and characteristics are listed under MN Statutes 245C.14, MN Statutes 245C.15, and MN Statutes 119B.125 subdivision 2 (b) through (e). If the provider or any household members subject to the background study is determined to have a disqualifying act or characteristic, the provider cannot be authorized.

    A provider who has had a negative licensing action, including a revocation or suspension, as a licensed family child care provider is not allowed to provide legal nonlicensed care and be paid by CCAP. A provider who has had a conditional license or a sanction (such as a fine) may provide legal nonlicensed care and be paid by CCAP.

    You may later authorize a previously denied LNL applicant if the person:

  • · Applies for and obtains a valid Minnesota child care license, a license issued by a tribe or another state.
  • AND
  • · Maintains the valid child care license.
  • AND
  • · Provides child care in the area under the jurisdiction of the licensing tribe or in the state of licensure.
  • If the LNL provider is not able to be authorized to provide care in the provider’s home because a household member of the provider has a factor that prohibits authorization, the family can request in-home care. For in-home care to be authorized, the family must request that the care be provided in the child’s home and this request must be approved by DHS before the provider can be authorized to provide care in the child’s home. If the child and the provider live in the same home, in-home care is not an option. See Chapter 11.27 (In-Home Child Care Requests and Provider Information).

    Agencies identify in their County and Tribal Child Care Fund Plan whether they perform background studies on LNL providers already registered in another county prior to authorizing that provider. Counties and tribes that do not perform a background study on LNL providers already registered in another county prior to authorizing that provider are only required to perform a background study on a LNL provider registered in another county if one of the following exists:

  • · Two years have passed since the most recent authorization.
  • · An individual has reached age 10 but is not yet age 13 and is living in the household, when the agency has reasonable cause as defined under MN Statutes 245C.02, subd. 15.
  • · Another person age 13 or older has joined the provider’s household since the last authorization.
  • · A current household member has turned 13 since the last authorization.
  • · Your agency has reason to believe that a household member has a factor prohibiting authorization.
  • · The agency’s provisions for unsafe care differ from those established by the agency responsible for the first authorization.
  • Payment information

    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.

    Legal authority

    Minnesota Statutes 13, Subd.03
    Minnesota Statutes 119B.011, Subd. 5
    Minnesota Statutes 119B.011, Subd. 19
    Minnesota Statutes 119B.125, 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

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