FAMILY CHILD CARE LICENSING

If you are interested in applying for a family child care license or would like someone to discuss the child care program with you, please call 218-634-2642 and ask to speak with the family child care licensing worker, Sheri Stebakken. Or send an email inquiry to:
sheri_s@co.lotw.mn.us

The Licensing Process Includes the following:

• Background Study
• Home Inspection by licensor
• Three Reference Letters
• Completed Application Licensing fee
• Orientation Training
• Possible Inspection by State Fire Marshal
• Understanding of MN Rule and Statutes Ongoing training hours 

Guide to Becoming a Licensed Family Child Care Provider

9502 – MN Rules Chapter

CCA Wayfinder 

Download/Print Provider List

Licensing lookup

Parent Aware

View provider forms here: https://mn.gov/dhs/partners-and-providers/licensing/child-care-and-early-education/family/

LAKE OF THE WOODS COUNTY CHILD CARE VARIANCE POLICY 

Minnesota Statutes, Section 245A.16, Subdivision 1, authorizes the commissioner to delegate licensing functions to counties and private agencies. The 1992 Minnesota Legislature amended this subdivision to include delegation of the authority to issue variances in all family child care areas with the exception of the following:

1. Dual licensures to hold both family child care and child foster care licenses.
2. Variances regarding disqualified individuals except when the county is responsible for conducting a consolidated reconsideration according to sections 245C.25 and 245C.27, subdivision 2 clauses (a) and (b), of a county maltreatment determination and a disqualification based on serious or recurring maltreatment.

Requests for variances for these two categories shall be forwarded to the Department of Human Services, Family Systems Unit, along with an agency recommendation for a decision.

The goal of Lake of the Woods County’s variance procedure is to meet the needs of parents and providers, while keeping the safety of the children as the first priority.  This procedure becomes effective on the above date. 

The following conditions apply to variances granted for family and group child care age distribution and capacity (9502.0367):

• We take into consideration the health, safety, and welfare of all children in care, by having you explain alternative measures that you will provide to ensure the safety, health, and care of daycare children.

• If a variance can be avoided by changing your license class, a variance would not be considered.

• Variances are for a specific child or children of an existing family currently receiving services in the home.  Should this family unit leave, the variance will be terminated.

• Multiple variances may be granted in a 12-month period.  The time frame under a variance cannot exceed 12 consecutive months.  The frequency of variance requests will be taken into consideration. 

• A provider will not be granted a variance until they have been licensed for one year.

• A variance will never be granted for more than 10 children under school-age.

• A variance will never be granted for 3 infants.

• A variance will be granted for a child under the age of 6 weeks to enter care only if the provider has no more than three children in care at the same time, and no more than one other child under the age of 24 months.  No other children under the age of 12 months can be in care at the time of an infant under 6 weeks of age. 

• A variance will never be granted allowing the total number of children in care to exceed the total number of children allowed by the license holder’s license classification. 

• All parents using the home for child care must be notified of the request for variance.  To verify the notification, a completed signature page must be submitted with the variance request.

• Variance requests for two over in any age distribution or capacity range must be reviewed by the child care licensor and the Social Services Supervisor prior to approval. 

• When a granted variance is not used, or partly used, the provider must notify the licensor, in writing, to the extent the variance was used, since it may impact future requests.

• A variance will not be granted to providers if any of the following apply:
  1. During a pending negative licensing recommendation
  2. During an existing negative licensing action
  3. During an investigation
  4. Following rule violations of supervision, corporal punishment, maltreatment, or other relevant health or safety factors.

Additional Variance Information

Variances for extended use of substitute caregivers

Rule part 9502.0365, subpart 5 – …The use of a substitute caregiver must be limited to a cumulative total of not more than 30 days in any 12-month period.  (Any portion of a day is counted as one day.)  A “substitute” means an adult, at least 18 years of age, who assumes the responsibility of the provider as specified in the Rule.

Guidelines for Approval:

The following criteria should be considered before approving a variance:

• Length of time variance requested.
• Whether an emergency situation exists that supports a variance
• Qualifications of substitute.
• Completed physical form on file.
• Completed background study on file.
• Whether there is plan on file to record substitute’s hours.
• Documentation of 8 hours of training per year.
• Completion of SIDS and SBS training would also count toward the training requirement but is only required if an infant is in care.

Procedure:

Providers will submit a completed substitute variance form to their assigned licensing social worker.  The social worker and variance committee will approve or deny the variance request, mail a copy to the provider and place a copy in the case file.

Variances for Fencing

Rule part 9502.0425, subpart 2 – Outdoor play space – …Enclosure may be required by the agency to provide protection from rail, traffic, and water or machinery hazard.

Guidelines for Approval:

Fencing variances are issued periodically for providers who seek licensure in the winter months and who require installation of an enclosure/barrier to hazards.  Variances allow providers/applicants to complete the licensing process, but require them to install the required barrier prior to allowing children to use the place space without direct supervision by an adult.  These variances normally require that enclosures/barriers be installed on or before May 1st.

Procedure:

Providers complete a Fencing Variance and Agreement Form and give it to their assigned licensing social worker that processes the request.  The social worker will approve or deny the request, mail a copy to the provider and place a copy in the case file.

Lake of the Woods County reserves the right to make exceptions/additions to this policy.  To request a variance, please complete the following:

https://edocs.dhs.state.mn.us/lfserver/Public/DHS-7297-ENG-pform

1. Request for Variance Form
2. Enrollment Form
3. Parent Signature Page