What is a legal nonlicensed provider?

Legal nonlicensed providers are typically family, friends, or neighbors. Legal nonlicensed providers must meet specific requirements and register with the Department of Children, Youth, and Families (DCYF). Some registration requirements for legal nonlicensed providers vary depending on if they are caring for any children who are not related to them. In addition to the registration requirements, legal nonlicensed providers may need to meet additional requirements before an agency can authorize care. See 9.1.18 (Authorizing Care with a Legal Nonlicensed Provider).

What does a legal nonlicensed provider need to do for their registration to be approved?

Before a legal nonlicensed provider’s registration can be approved, they must:

· Be at least 18 years of age.

· Provide care legally without a license. A person can legally provide child care only to related children and/or provide child care to children from a single unrelated family at one time without being licensed. 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 pediatric First Aid and pediatric CPR.

· Not be excluded or debarred in another publicly funded program.

· Not had a child care license denial, revocation, suspension or disqualification that has not been reversed or set aside.

· Not be determined (or not live with someone who has been determined) disqualified from providing direct care services through the background study process.

· Meet health and safety requirements defined in Keeping children safe in your home (DHS-5192B) (PDF).

· Register with DCYF. See Chapter 11.12 (Provider Registration).

What else does a legal nonlicensed provider need to do to remain registered?

After the legal nonlicensed provider’s initial registration is approved, to remain registered the provider must:

· Have an emergency plan. See Chapter 11.9.15 (Legal Nonlicensed Providers-Emergency Plans).

· Obtain immunization records for each child in care within 30 days of the child starting care and update the records with information from the family.

· Have an annual monitoring visit if they have an open Service Authorization for a child who is not related to them. See Chapter 11.9.18 (Legal Nonlicensed Providers-Annual Monitoring).

· Complete the registration renewal process. See Chapter 11.12 (Provider Registration).

· Continue meeting health and safety requirements defined in Keeping children safe in your home (DHS-5192B) (PDF).

The DCYF CCAP Provider Support Team is responsible for determining whether providers are maintaining their registration. Use the CCAP Providers Communications Form on SIR to notify DCYF if you believe an LNL provider is not following requirements to remain registered.

Care location

Care is typically provided in the legal nonlicensed provider’s home but could also be provided in another location or in the child’s home (if in-home care is approved). See Chapter 11.27 (In-Home Child Care Requests and Provider Information).

If a legal nonlicensed provider is providing care outside of the state of Minnesota:

· The provider must be providing legal care in their state of residence.

· If caring only for related children, the provider can be registered if all legal nonlicensed provider requirements are met.

· If caring for unrelated children, the provider typically cannot be registered since an annual visit would have to be performed out-of-state.

Payment information

For information on the hourly rate to pay legal nonlicensed providers, see Chapter 9.24.3 (Child Care Rates, Registration Fees, and Copayments). CCAP does not pay registration fees to legal nonlicensed providers.

Other information

Legal nonlicensed providers are not required to report hours of operation. Legal nonlicensed providers are considered to be available during the hours that child care is needed unless other information indicates the provider is not available.

Care cannot be authorized with a legal nonlicensed provider during hours they provide Personal Care Assistance (PCA) services or are being paid as a Personal Care Assistant because child care is unavailable (i.e., the provider is employed at another job).

Legal authority

Minnesota Statutes 142B.05, subd. 2(a)
Minnesota Statutes 142E.01, subd. 5, 19, 22 and 24
Minnesota Statutes 142E.16
Minnesota Statutes 245C.03 subd. 6a
Minnesota Statutes 245C.08
Minnesota Statutes 245C.14
Minnesota Statutes 245C.15
Minnesota Rules 3400.0020, subp. 38b
Minnesota Rules 3400.0035 subp. 8
Minnesota Rules 3400.0110, subp. 9
Minnesota Rules 3400.0120