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 CCAP agency. Some requirements for legal nonlicensed providers vary depending on if they are caring for any children who are not related to them.

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.

· Not be a member of the MFIP assistance unit.

· Not be 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 pediatric First Aid and pediatric CPR. See Chapter 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 Chapter 11.9.12 (Legal Nonlicensed Providers – Background studies).

· Register with the agency serving the family. See Chapter 11.12 (Provider registration).

What does a legal nonlicensed provider need to do for care to be authorized?

For care to be authorized with a legal nonlicensed provider, they must:

· Meet additional training requirements. See Chapter 11.9.9 (Legal Nonlicensed Providers –Training Requirements).

· Provide child care for up to eight children age 11 and younger at one time. See Chapter 11.9.21 (Legal nonlicensed provider – group size and age limits).

Additionally, families, including families eligible for Expedited Child Care for Families Experiencing Homelessness, must sign and return the Parent Acknowledgment When Choosing a Legal Nonlicensed Provider Form (DHS-5367) (PDF) before care can be authorized with the legal nonlicensed provider. 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 11.24 (Provider renewal).

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). Do not pay registration fees to legal nonlicensed providers.

Legal authority

Minnesota Statutes 119B.011, subd. 5 and 19
Minnesota Statutes 119B.125
Minnesota Statutes 245A.03 subd. 2(a)
Minnesota Statutes 245C.03 subd. 6a
Minnesota Statutes 245C.08
Minnesota Statutes 245C.14
Minnesota Statutes 245C.15
Minnesota Rules 3400.0035 subp. 8 and 9
Minnesota Rules 3400.0120
Minnesota Rules 3400.0140 subp. 5