The definitions in this part apply to parts 9503.0005 to 9503.0170.
"Age category" means the designation given a child according to the child's age. The age categories are as follows:
A. "Infant" means a child who is at least six weeks old but less than 16 months old.
B. "Toddler" means a child at least 16 months old but less than 33 months old.
C. "Preschooler" means a child who is at least 33 months old but who has not yet attended the first day of kindergarten.
D. "School age child" means a child who has at least attended the first day of kindergarten but is less than 13 years old.
The age designation given a child may be further modified in accordance with part 9503.0040, subpart 4.
"Applicant" means a person, corporation, partnership, voluntary association, or other organization that has applied for licensure under Minnesota Statutes, chapter 245A, section 252.28, subdivision 2; and parts 9503.0005 to 9503.0170. The term includes license holders that have applied for a new license to continue operating a child care program after the expiration date of their current license.
"Building official" means a person appointed according to Minnesota Statutes, section 16B.65, to administer the state building code. The term includes the appointee's authorized representative.
"Center" means a facility in which a child care program is operated when the facility is not excluded by Minnesota Statutes, section 245A.03, subdivision 2, and is not required to be licensed under parts 9502.0315 to 9502.0445 as a family or group family day care home.
"Child" means a person 12 years old or younger.
"Child care program" means the systematic organization or arrangement of activities, personnel, materials, and equipment in a facility to promote the physical, intellectual, social, and emotional development of a child in the absence of the parent for a period of less than 24 hours a day.
Subp. 8. Child care program plan.
"Child care program plan" means the written document that states the specific activities that will be provided by the license holder to promote the physical, intellectual, social, and emotional development of the children enrolled in the center.
"Clean" means free from dirt or other contaminants that can be detected by sight, smell, or touch.
"Commissioner" means the commissioner of the Department of Human Services or the commissioner's designated representative.
"Disinfected" means treated to reduce microorganism contamination after an object has been cleaned. Disinfection must be done by rinsing or wiping with a solution of one-fourth cup chlorine bleach plus water to equal one gallon, or an equivalent product or process approved by the Board of Health as defined in Minnesota Statutes, section 145A.02, or its designee.
"Facility" means the indoor and outdoor space in which the child care program is provided.
"Fire marshal" means the person designated by Minnesota Statutes, section 299F.011, to administer and enforce the Minnesota Uniform Fire Code. The term includes the fire marshal's authorized representative.
"Health consultant" means a physician licensed to practice medicine under Minnesota Statutes, chapter 147; a public health nurse or registered nurse licensed under Minnesota Statutes, section 148.171; or the Board of Health as defined in Minnesota Statutes, section 145A.02, or its designee.
"License" means a certificate issued by the commissioner authorizing the license holder to operate a child care program in a center for a specified period of time in accordance with the terms of the license, rules of the commissioner, and provisions of Minnesota Statutes, chapter 245A, and section 252.28, subdivision 2.
"License holder" means the individual, corporation, partnership, voluntary association, or other organization legally responsible for the operation of the child care program in a center that has been granted a license by the commissioner under Minnesota Statutes, chapter 245A; section 252.28, subdivision 2; and parts 9503.0005 to 9503.0170.
"Licensed capacity" means the maximum number of children for which the license holder is licensed to operate a child care program in a center at any one time.
"Medicine" means a substance used to treat disease or injuries, maintain health, heal, or relieve pain. The term applies to prescription and nonprescription substances taken internally or applied externally.
Subp. 19. Minnesota Uniform Fire Code.
"Minnesota Uniform Fire Code" means those codes and regulations adopted by the state fire marshal according to Minnesota Statutes, section 299F.011.
"Parent" means the person or persons with legal custody of the child.
Subp. 21. Program staff person.
"Program staff person" means a teacher, assistant teacher, or aide, whether paid or unpaid, who carries out the child care program plan in the center and has direct contact with children.
"Sick child" means a child with a condition or illness as specified in part 9503.0080.
"Staff person" means a person, whether paid or unpaid, who works in the center.
Subp. 24. State building code.
"State building code" means those codes and regulations adopted by the commissioner of the Department of Administration according to Minnesota Statutes, section 16B.59, and contained in chapter 1300.
"Supervision" occurs when a program staff person is within sight and hearing of a child at all times so that the program staff person can intervene to protect the health and safety of the child.
"Variance" means time limited written permission by the commissioner for an applicant or license holder to depart from the provisions of parts 9503.0005 to 9503.0170 if equivalent alternative measures are taken to ensure the health, safety, and rights of the children in care.
STAT AUTH: MS s 245A.02 subd 10; 245A.09 subd 1; 252.28 subd 2
Parts 9503.0005 to 9503.0170 govern the licensure of the applicants for and license holders operating a child care program in a center.
STAT AUTH: MS s 245A.02 subd 10; 245A.09 subd 1; 252.28 subd 2
A license holder must provide one or more of the following child care programs:
A. A "day program" means a child care program operated during normal waking hours (approximately 6A.m. to 6 p.m.). The program:
(1) operates for more than 30 days in any 12 month period and is not excluded by Minnesota Statutes, section 245A.03, subdivision 2; and
(2) provides care to any child for more than 30 days in any 12 month period and 45 hours in any calendar month.
B. A "drop-in child care program" means a child care program that operates for more than 30 days in any 12-month period and is not excluded by Minnesota Statutes, section 245A.03, subdivision 2. The program is not a day program and does not provide care to any child for more than five hours in any one day and 40 hours in any one calendar month. The center where the program operates is licensed exclusively to provide a drop-in child care program and does not have a regularly scheduled, ongoing child care program with a stable enrollment.
C. A "night care program" means a child care program operated during normal sleeping hours(approximately 6 p.m. to 6A.m.).
D. A "sick care program" means a child care program that provides care to a sick child.
STAT AUTH: MS C 245A; 252.28 subd 2; L 1989 c 282 art 2 s 211
In parts 9503.0030 to 9503.0034:
A. "Accredited course" means a course that is offered for credit by or through an accredited postsecondary institution.
B. "Education" means accredited course work from an accredited postsecondary institution in child development; children with special needs; early childhood education methods or theory; curriculum planning; child study techniques; family studies; child psychology; parent involvement; behavior guidance; child nutrition; child health and safety; early childhood special education methods or theory; child abuse and neglect prevention; recreational sports, arts, and crafts methods or theory; or coordination of community and school activities. "Education," as specified on the charts in parts 9503.0032 and 9503.0033, is in addition to the credential specified in column A unless the course work has been completed as part of the credential.
C. "Experience" means paid or unpaid employment serving children as a teacher, assistant teacher, or aide, in a licensed child care center, or work as a student intern in a licensed center, a school operated by the commissioner of children, families, and learning or by a legally constituted local school board, or a private school approved under rules administered by the commissioner of children, families, and learning.
D. "Student intern" means a student of a postsecondary institution assigned by that institution for a supervised experience with children. The experience must be in a licensed center, an elementary school operated by the commissioner of children, families, and learning or a legally constituted local school board, or a private school approved under rules administered by the commissioner of children, families, and learning. The term includes a person who is practice teaching, student teaching, or carrying out a practicum or internship.
E. "Staff supervision" means responsibility to hire, train, assign duties, and direct staff in day to day activities and evaluate staff performance. A "supervisor" is a person with staff supervision responsibility.
Subp. 2. [Repealed, 18 SR 2748]
Subp. 3. [Repealed, 18 SR 2748]
Subp. 4. [Repealed, 18 SR 2748]
STAT AUTH: MS s 245A.02; 245A.04; 245A.09; 252.28
HIST: 13 SR 173; 15 SR 2043; L 91 c 38 s 2; 18 SR 2748; L 1995 1Sp3 art 16 s 13
Subpart 1. General requirements for a director.
B. be a graduate of a high school or hold an equivalent diploma attained through successful completion of the general education development(GED) test;
C. have at least 1,040 hours of paid or unpaid staff supervision experience; and
D. have at least nine quarter credits or 90 hours earned in any combination of accredited courses in staff supervision, human relations, and child development.
Subp. 2. Additional requirements.
If a director functions as a teacher or develops or revises the child care program plan, the director must meet the qualifications of a teacher specified in part 9503.0032.
STAT AUTH: MS s 245A.02 subd 10; 245A.09 subd 1; 252.28 subd 2
Subpart 1. Teacher qualifications, general.
A teacher must be at least 18 years old and meet the qualifications in subpart 2 with the following exceptions:
A. A registered nurse or licensed practical nurse is qualified as a teacher for infants only.
B. A registered nurse may be used to meet the staff to child ratios for a teacher for sick care in a center licensed to operate a sick care program.
Subp. 2. Teacher education and experience requirements.
A teacher with the credential listed in column A must have the education and experience listed in column B.
STAT AUTH: MS s 245A.02; 245A.09; 252.28
Subpart 1. Assistant teacher qualifications, general.
An assistant teacher must work under the supervision of a teacher. An assistant teacher must be at least 18 years old and meet the qualifications in subpart 2 with the following exceptions:
A. A registered nurse or licensed practical nurse is qualified as an assistant teacher for infants only.
B. A registered nurse may be used to meet the staff to child ratios for an assistant teacher for sick care in a center licensed to operate a sick care program.
Subp. 2. Assistant teacher education and experience requirements.
An assistant teacher with the credential listed in column A must have the education and experience listed in column B.
STAT AUTH: MS s 245A.02; 245A.09; 252.28
Subpart 1. Aide qualifications.
In this part, "aide" means a staff person who carries out child care program activities under the supervision of a teacher or assistant teacher. An aide who is under 18 years old must be directly supervised by a teacher or assistant teacher at all times except when the aide is assisting with the supervision of sleeping children or assisting children with washing, toileting, and diapering. An aide must be at least 16 years old.
Subp. 2. Volunteers used as staff.
A volunteer who is included in the staff to child ratio must meet the requirements for the assigned staff position as specified in parts 9503.0030 to 9503.0034. Volunteers who have direct contact with or access to children must be supervised by a staff person who meets the qualifications for director, teacher, or assistant teacher.
A person designated as a substitute must meet the qualifications for the assigned staff position as specified in parts 9503.0030 to 9503.0034, except that the license holder may use substitutes who do not meet the qualifications for teacher in part 9503.0032, subpart 2, or assistant teacher in part 9503.0033, subpart 2, only if:
A. the amount of unqualified substitute hours per center per calendar year does not exceed 40 hours multiplied by the number of the center's full-time teacher and assistant teacher positions;
B. unqualified substitutes are not used as teachers or assistant teachers for more than ten consecutive working days for the same group of children per calendar year; and
C. there is always a person qualified as a teacher present within the center except as qualified in part 9503.0040, subpart 2, item B.
Subpart 1. Orientation training.
The license holder must ensure that every staff person, and volunteers who will have direct contact with or access to children and are not under the direct supervision of a staff person, are given orientation training and successfully completes the training before starting assigned duties. Completion of the orientation must be documented in the individual's personnel record. The orientation training must include information about:
A. the center's philosophy, child care program, and procedures for maintaining health and safety, and handling emergencies and accidents;
B. specific job responsibilities;
C. the behavior guidance standards specified in part 9503.0055; and
D. the reporting responsibilities specified in Minnesota Statutes, section 626.556, and part 9503.0130.
All teachers and assistant teachers and at least one staff person present in a vehicle transporting children in care must satisfactorily complete, within 90 days of the start of work, eight hours of first aid training unless this has been satisfactorily completed within the previous three years. The first aid training must be:
A. repeated at least every three years;
B. documented in the person's personnel record and indicated on the center's staffing chart; and
C. provided by a licensed physician, a registered nurse or a licensed practical nurse trained to provide instruction in first aid, or an individual currently certified by the American Red Cross as a first aid instructor.
On the date of initial licensure, at least one staff person with first aid training must be present in the center when children are in care and at least one person with first aid training must accompany children on field trips.
Subp. 3. Cardiopulmonary resuscitation(CPR) training.
At least one staff person trained in CPR and in the treatment of obstructed airways must be present in the center at all times when children are in care and at least one person with CPR training must accompany children on field trips.
A. The individual must have completed four to six hours of CPR training which covers the use of CPR techniques with children within one year before initial employment at the center or within one year of the effective date of parts 9503.0005 to 9503.0170. Current certification in CPR by the American Red Cross or American Heart Association may be substituted for this CPR training.
B. If the individual is not certified in CPR but has taken the CPR training specified in item A, the individual must also complete a four hour refresher course in CPR which includes the use of CPR techniques with children within one year after the CPR training specified in item A, and every two years thereafter.
C. CPR training must be provided or approved by the American Red Cross, American Heart Association, a licensed physician, a registered nurse, or a licensed practical nurse trained to provide CPR instruction.
D. Documentation of the completed CPR training must be in the staff person's personnel record, and the staff person with training must be named on the center's staffing chart.
A license holder must ensure that an annual in service training plan is developed and carried out and that it meets the requirements in the following items.
A. The in service training plan must:
(1) be consistent with the center's child care program plan;
(2) meet the training needs of individual staff persons as specified in each staff person's annual evaluation report; and
(3) provide training, at least one-fourth of which is by a resource not affiliated with the license holder.
B. The director and all program staff persons must annually complete a number of hours of in service training equal to at least two percent of the hours for which the director or program staff person is annually paid.
C. The annual requirement must be completed within the year for which it was required.
D. Training on the provisions of parts 9503.0005 to 9503.0170 relevant to the staff person's position must occur within two weeks of initial employment.
E. One-half of the in service training completed by a staff person each year of employment must pertain to the age of children for which the person is providing care.
F. No more than four hours of the annual in service training requirement for a teacher, assistant teacher, or aide may relate to administration, finances, and records.
G. The remainder of the in service training requirement must be met by participation in early childhood development training. In this part, "early childhood development training" means training in child development; children with special needs; early childhood education methods or theory; curriculum planning; child study techniques; family studies; parent involvement; behavior guidance; child nutrition; child health and safety; recreation, sports, arts, and crafts methods or theory; early childhood special education methods or theory; or child abuse and neglect prevention.
H. The license holder must ensure that, when a staff person completes in service training, a record of the fact is made in the staff person's personnel record. The record must include the date training was completed, the goal of the training and topics covered, trainer's name and organizational affiliation, trainer's signed statement that training was successfully completed, and the director's approval of the training.
I. First aid and CPR training may be counted as in service training.
STAT AUTH: MS s 245A.02 subd 10; 245A.09 subd 1; 252.28 subd 2
Subpart 1. Staff to child ratios and maximum group size.
Except as provided in subpart 2, the minimally acceptable staff to child ratios and the maximum group size within each age category are:
The license holder must ensure that the following requirements for staff distribution are met and a written staff distribution record is kept in the administrative record.
A. Only a staff person who is qualified as a teacher, assistant teacher, or aide and who works directly with children can be counted in meeting the staff to child ratios.
B. An assistant teacher may be substituted for a teacher during morning arrival and afternoon departure times if the total arrival and departure time does not exceed 25 percent of the center's daily hours of operation.
C. The maximum group size applies at all times except during meals, outdoor activities, field trips, naps and rest, and special activities such as films, guest speakers, and holiday programs.
D. Except as provided in item B, staff distribution within each age category must follow the pattern in subitems (1) to(4).
(1) The first staff member needed to meet the required staff to child ratio must be a teacher.
(2) The second staff member must have at least the qualifications of a child care aide.
(3) The third staff member must have at least the qualifications of an assistant teacher.
(4) The fourth staff member must have at least the qualifications of a child care aide.
The pattern in sub items (1) to (4) must be repeated until the number of staff needed to meet the staff to child ratio for each age category has been achieved.
Subp. 3. Age category grouping.
Children in different age categories may be grouped as follows:
A. During morning arrival and afternoon departure times, children in different age categories may be grouped together if:
(1) the total arrival and departure time does not exceed 25 percent of the daily hours of operation;
(2) the staff to child ratio, group size, and staff distribution applied are for the age category of the youngest child present; and
(3) the group is divided when the number of children present reaches the maximum group size of the youngest child present.
B. During the center's regular hours of operation, children in different age categories may be mixed within a group if:
(1) infants are not grouped with children of other age categories;
(2) there is no more than a 36-month range in age among children in a group;
(3) the staff to child ratios, group size, and staff distribution applied are for the youngest child present; and
(4) program staff are qualified to teach the ages of all children present within the group.
The restriction in item B, subitem (2) may be waived if all children in the group are school age.
A child must be designated as a member of the age category that is consistent with the child's date of birth with the following exceptions:
A. A child may be designated as an "infant" up to the age of 18 months for purposes of staff ratios, group size, and child care programming, if the parent, teacher, and center director determine that such a designation is in the best interests of the child. A child may be designated as a "toddler" up to the age of 35 months, or as a "preschooler" at the age of 31 months for purposes of staff ratios, group size, and child care programming, if the parent, teacher, and center director determine that the designation is in the best interests of the child.
B. A child attending kindergarten must be designated a school age child.
Subpart 1. General requirement.
The applicant must develop a written child care program plan, and the license holder must see that it is carried out. The child care program plan must:
A. mandate that children have supervision at all times;
B. describe the age categories and number if children to be served by the program;
C. describe the days and hours of operation of the program;
D. describe the general educational methods to be used by the program and the religious, political, or philosophical basis, if any;
E. be developed and evaluated in writing annually by a staff person qualified as a teacher under part 9503.0032;
F. have stated goals and objectives to promote the physical, intellectual, social, and emotional development of the children in each age category in part 9503.0005, subpart 3, for which care is provided;
G. specify activities designed to promote the intellectual, physical, social, and emotional development of a child in a manner consistent with the child's cultural background;
H. specify that the intellectual, physical, social, and emotional progress of each child be documented in the child's record and conveyed to the parent during the conferences specified in part 9503.0090, subpart 2;
I. provide a daily schedule for both indoor and outdoor activities;
J. provide for activities that are both quiet and active, teacher directed and child initiated;
K. provide for a variety of activities that require the use of varied equipment and materials; and
L. be available to parents for review on request.
A child care program that operates for more than three hours a day must provide daily access to interest areas of the center that are supplied with the equipment and materials needed to carry out the activities specified in items A to H, except that a child care program serving only school age children and operating for less than 90 consecutive calendar days or any program operating for less than three hours a day must provide each child with daily access to indoor or outdoor large muscle activities specified in item G and at least five of the following interest areas:
C. dramatic or practical life activities;
G. large muscle activities; or
H. sensory stimulation activities.
STAT AUTH: MS s 245A.02 subd 10; 245A.09 subd 1; 252.28 subd 2
Subpart 1. Naps and rest policy.
The applicant must develop a policy for naps and rest that is consistent with the developmental level of the children enrolled in the center.
The parent of each child must be informed at the time the child is enrolled of the center's policy on naps and rest.
Subp. 3. Confinement limitation.
A child who has completed a nap or rested quietly for 30 minutes must not be required to remain on a cot or mat or in a crib or bed.
Subp. 4. Placement of equipment.
Naps and rest must be provided in a quiet area that is physically separated from children who are engaged in activity that will disrupt a napping or resting child. Cribs, cots, beds, and mats must be placed so there are clear aisles and unimpeded access for both adults and children on at least one side of each piece of napping and resting equipment. Cribs, cots, beds, and mats must be placed directly on the floor and must not be stacked when in use.
A crib or portable crib must be provided for each infant for which the center is licensed to provide care. The equipment must be of safe and sturdy construction that conforms to Code of Federal Regulations, title 16, sections 1508 to 1508.7 and 1509 to 1509.9, as amended through October 27, 1982, or have a bar, mesh, or rail pattern such that a 2-3/8 inch diameter sphere cannot pass through.
Separate bedding must be provided for each child in care. Bedding must be washed weekly and when soiled or wet. Blankets must be washed or dry cleaned weekly and when soiled or wet.
Subpart 1. General requirements.
The applicant must develop written behavior guidance policies and procedures, and the license holder must see that the policies and procedures are carried out. The policies and procedures must:
A. ensure that each child is provided with a positive model of acceptable behavior;
B. be tailored to the developmental level of the children the center is licensed to serve;
C. redirect children and groups away from problems toward constructive activity in order to reduce conflict;
D. teach children how to use acceptable alternatives to problem behavior in order to reduce conflict;
E. protect the safety of children and staff persons; and
F. provide immediate and directly related consequences for a child's unacceptable behavior.
Subp. 2. Persistent unacceptable behavior.
The license holder must have written procedures for dealing with persistent unacceptable behavior that requires an increased amount of staff guidance and time. The procedures must specify that staff:
A. observe and record the behavior of the child and staff response to the behavior; and
B. develop a plan to address the behavior documented in item A in consultation with the child's parent and with other staff persons and professionals when appropriate.
The license holder must have and enforce a policy that prohibits the following actions by or at the direction of a staff person:
A. Subjection of a child to corporal punishment. Corporal punishment includes, but is not limited to, rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking.
B. Subjection of a child to emotional abuse. Emotional abuse includes, but is not limited to, name calling, ostracism, shaming, making derogatory remarks about the child or the child's family, and using language that threatens, humiliates, or frightens the child.
C. Separation of a child from the group except as provided in subpart 4.
D. Punishment for lapses in toilet habits.
E. Withholding food, light, warmth, clothing, or medical care as a punishment for unacceptable behavior.
F. The use of physical restraint other than to physically hold a child when containment is necessary to protect a child or others from harm.
G. The use of mechanical restraints, such as tying.
For children with mental retardation or a related condition or children under the age of five, as specified in parts 9525.0004 to 9525.0036, physical and mechanical restraints may be permitted if they are implemented in accordance with the aversive and deprivation procedures governed by parts 9525.2700 to 9525.2810.
Subp. 4. Separation from the group.
No child may be separated from the group unless the license holder has tried less intrusive methods of guiding the child's behavior which have been ineffective and the child's behavior threatens the well being of the child or other children in the center. A child who requires separation from the group must remain within an unenclosed part of the classroom where the child can be continuously seen and heard by a program staff person. When separation from the group is used as a behavior guidance technique, the child's return to the group must be contingent on the child's stopping or bringing under control the behavior that precipitated the separation, and the child must be returned to the group as soon as the behavior that precipitated the separation abates or stops. A child between the ages of six weeks and 16 months must not be separated from the group as a means of behavior guidance.
All separations from the group must be noted on a daily log. The license holder must ensure that notation in the log includes the child's name, staff person's name, time, date, and information indicating what less intrusive methods were used to guide the child's behavior and how the child's behavior continued to threaten the well being of the child or other children in care. If a child is separated from the group three times or more in one day, the child's parent shall be notified and notation of the parent notification shall be indicated on the daily log. If a child is separated five times or more in one week or eight times or more in two weeks, the procedure in subpart 2 must be followed.
Subp. 6. Children with mental retardation or related conditions.
For children with mental retardation or related conditions or children under the age of five, as specified in parts 9525.0004 to 9525.0036, the standards governing the use of aversive and deprivation procedures in parts 9525.2700 to 9525.2810 apply.
Subpart 1. General requirements.
Each child care program must have the quantity and type of equipment specified in subparts 3 to 6 for the age categories of children served. Equipment must be appropriate to the age categories and any special needs of the children served. A center must have enough equipment for the number of children for which the center is licensed unless the use of equipment is rotated among groups of children. If the equipment is rotated among groups of children, the center must have enough for the maximum group size of the age category scheduled to use the equipment at times shown on the child care program plan. When the term "group" is used in this part it means the maximum group size for the age category specified in part 9503.0040, subpart 1. The minimum equipment specified for an age category in subparts 3 to 6 must be accessible every day to the children of that age category and arranged as specified in the child care program plan. Centers operating for less than three hours a day do not have to provide the outdoor equipment required in subpart 4, item B, subitem (9); subpart 5, item B, subitem(9); and subpart 6, item B, subitem(7).
For the purpose of this part, the following terms have the meanings given them.
A. "Cognitive development equipment and materials" means equipment and materials designed to enhance components of intellectual development, such as problem solving abilities, observation skills, group skills, and symbol recognition.
B. "Dramatic play equipment" or "practical life activity equipment" means equipment, such as dress up clothes, large or miniature play sets, figures, and small and large building blocks that can be used to design a setting or space that stimulates the child's imagination and encourages role playing and the learning of practical life skills.
C. "Large muscle equipment" means equipment that is designed to enhance large muscle development and coordination, such as playground equipment, large boxes and pillows, large wheel toys, pull toys, balls, jump ropes, climbers, and rocking boats.
D. "Manipulative equipment" means equipment that is designed to enhance fine motor development and coordination, such as pegs and peg boards, puzzles, beads and strings, interlocking plastic forms, and carpentry materials.
E. "Sensory stimulation materials" means equipment, other than pictures, that has different shapes, colors, and textures that stimulate the child's visual and tactile senses. Examples of sensory stimulation materials include mobiles, crib attached activity boxes, sand and water activity materials, swatches of different textures of cloth, and wooden or plastic items of different shapes and colors.
Subp. 3. Equipment and materials for infants.
The minimum equipment and materials required for a center serving infants are as follows:
(1) one area rug or carpet per group;
(2) a variety of nonfolding child size chairs including infant seats and high chairs, one per child, or a minimum of four per group;
(3) one changing table for every group of 12 infants and succeeding group of 12 or fewer infants;
(4) one foot operated, covered diaper container per changing table;
(5) one crib or portacrib and waterproof mattress per child; and
(6) one linear foot of low, open shelving per child.
B. Program equipment and materials:
(2) two large, soft building blocks per child;
(3) two pieces of infant mobility equipment, such as strollers and wagons per group;
(4) two pieces of manipulative equipment per child such as shape toys and clutch balls;
(5) one mirror at least 12 inches by 36 inches in size made of Plexiglas or a similar plastic or of safety glass per group;
(6) one music source such as a tape player or record player per group and music selections appropriate for the music source;
(7) one noise or music making toy per child;
(8) visual and tactile sensory stimulation materials as needed to provide visual and tactile stimulation; and
(9) one soft washable toy per child.
(1) two sets of blankets and sheets for each crib;
(2) an adequate amount of disposable paper for the changing table;
(3) an adequate amount of diapers;
(4) an adequate amount of facial tissue;
(5) an adequate amount of single service towels; and
(6) an adequate amount of liquid hand soap.
Subp. 4. Equipment and materials for toddlers.
The minimum equipment required for a center serving toddlers is as follows:
(1) one area rug or carpet per group;
(2) one nonfolding child size chair, including high chairs, per child;
(3) one changing table for every group of 14 toddlers and succeeding group of 14 or fewer toddlers;
(4) one foot operated, covered diaper container per changing table;
(5) one cot per child(mats are acceptable for programs operating during the day for less than five hours);
(6) one partially enclosed space equipped for quiet activity per group;
(7) one linear foot of low open shelving per child; and
(8) 20 linear inches of child size table edge per child.
B. Program equipment and materials:
(1) arts and crafts supplies, such as clay or playdough, tempera or finger paints, colored and white paper, paste, collage materials, paint brushes, washable felt type markers, crayons, blunt scissors, and smocks;
(3) 24 large building blocks per group;
(4) 100 small building blocks per group;
(5) three pieces of dramatic play equipment or sets of Montessori Practical Life equipment per group;
(6) materials and accessories required for subitem (5) as needed to carry out the theme of the activity, or six Montessori Practical Life exercises;
(7) one double easel per group;
(8) three pieces of durable, indoor, large muscle equipment per group;
(9) three pieces of durable, outdoor, large muscle equipment per group;
(10) one mirror, at least 12 inches by 36 inches, made of Plexiglas or a similar plastic or safety glass, per group;
(11) one music source such as a tape recorder or record player per group and music selections appropriate for the source;
(12) one set of cognitive developmental equipment and materials, such as puzzles and matching games, per child;
(13) two sets of manipulative equipment, such as interlocking plastic forms or beads and string, per child;
(14) one music making toy per child;
(15) one soft washable toy per child; and
(16) sensory stimulation materials as needed to provide visual and tactile stimulation.
(1) an adequate amount of disposable paper for the changing table;
(2) an adequate amount of diapers;
(3) an adequate amount of facial tissue;
(4) an adequate amount of single service towels; and
(5) an adequate amount of liquid hand soap.
Subp. 5. Equipment and materials for preschoolers.
The minimum equipment required for a center serving preschoolers is as follows:
(1) one area rug or carpet per group;
(2) one nonfolding child size chair per child;
(3) one cot or bed and waterproof mattress per child(mats are acceptable for programs operating during the day for less than five hours). This subitem is not required for preschoolers in programs operating for less than five hours per day if rest is not indicated as part of the center's child care program;
(4) two square feet of wall or bulletin board display space per child one-half at child's eye level);
(5) one partially enclosed space equipped for quiet activity per group;
(6) one linear foot of open shelving per child; and
(7) 20 linear inches of child size table edge per child.
B. Program equipment and materials:
(1) arts and crafts supplies, such as clay or play-dough, tempera or finger paints, white or colored paper, paste, collage materials, paint brushes, washable felt type markers, crayons, scissors, and smocks;
(3) 48 large building blocks per group;
(4) 200 small building blocks per group;
(5) five pieces of dramatic play equipment or sets of Montessori Practical Life equipment per group;
(6) materials and accessories required for subitem(5) to carry out the theme of the activity;
(7) one double easel per group;
(8) three pieces of durable, indoor, large muscle equipment per group;
(9) three pieces of durable, outdoor, large muscle equipment per group;
(10) one mirror, at least 12 inches by 36 inches, made of Plexiglas or a similar plastic or safety glass, per group;
(11) one music source such as a tape recorder or record player per group and music selections appropriate for the source;
(12) one set of cognitive developmental equipment and materials, such as puzzles and number and letter games, per child;
(13) two sets of manipulative equipment, such as interlocking plastic forms, per child;
(14) pictures at child's eye level, mobiles, and other items as needed to create a pleasant environment and provide sensory stimulation; and
(15) one rhythm instrument per child.
(1) an adequate amount of facial tissue;
(2) an adequate amount of single service towels; and
(3) an adequate amount of liquid hand soap.
Subp. 6. Equipment and materials for school age children.
The minimum equipment and materials required for a program serving school age children are as follows:
(1) one area rug or carpet per group;
(2) two square feet of wall or bulletin board display space per child;
(3) one nonfolding child size chair per child;
(4) one partially enclosed space equipped for quiet activity per group;
(5) one linear foot of open shelving per child; and
(6) 20 linear inches of table edge space per child.
B. Program equipment and materials:
(1) arts and crafts supplies, such as clay or playdough, tempera or fingerpaints, white or colored paper, paste, collage materials, paint brushes, felt type markers, crayons, and scissors;
(3) three sets of dramatic play equipment or Montessori Practical Life area equipment per group;
(4) materials and accessories for subitem (3) as required to carry out the theme of the activity;
(5) one music source such as a tape recorder or record player per group and music selections appropriate for the source;
(6) five musical or rhythm instruments per group;
(7) three pieces of durable, outdoor, large muscle equipment per group;
(8) pictures at child's level, mobiles, and other items as needed to create a pleasant environment and provide sensory stimulation;
(9) one set of cognitive developmental equipment and materials, such as puzzles and games, per child;
(10) five sets of manipulative equipment, such as interlocking plastic forms, per group; and
(11) ten pieces of sports or recreational equipment, such as bats, balls, hoops, and jump ropes, per group.
(1) an adequate amount of facial tissue;
(2) an adequate amount of single service towels; and
(3) an adequate amount of liquid hand soap.
STAT AUTH: MS s 245A.02 subd 10; 245A.09 subd 1; 252.28 subd 2
"Child with special needs" for purposes of this part means a child at least six weeks old but younger than 13 years old who:
A. has mental retardation or a related condition or is otherwise eligible for case management as specified in parts 9525.0004 to 9525.0036 and has an individual service plan specifying child care to be provided by the center;
B. has been identified by the local school district as a handicapped child as specified in Minnesota Statutes, section 120.03, subdivision 1, and has an individual education plan specifying child care to be provided by the center according to Minnesota Statutes, section 120.17, subdivision 2; or
C. has been determined by a licensed physician, psychiatrist, licensed psychologist, or licensed consulting psychologist as having a special need relating to physical, social, or emotional development.
The license holder must inform the parent of any diagnosed or identified special need of a child that was not reported by the parent at the time of admission.
Subp. 3. Individual child care program plan.
When a license holder admits a child with special needs, the license holder must ensure that an individual child care program plan is developed to meet the child's individual needs. The individual child care program plan must be in writing and specify methods of implementation and be reviewed and followed by all staff who interact with the child.
If the child has mental retardation or a related condition or is otherwise eligible for case management as specified in subpart 1, item A, then the individual child care plan must be coordinated with the child's individual service plan developed under parts 9525.0004 to 9525.0036.
If the child has a handicap as specified in subpart 1, item B, then the individual child care plan must be coordinated with the child's individual education plan developed under Minnesota Statutes, section 120.17.
If the child has a special need determined under subpart met.
The license holder must have copies of all service contracts with the center for care or services provided under parts 9525.0004 to 9525.0036 and Minnesota Statutes, section 120.17, when the care or service is provided to a child while at the center.
Subp. 5. Additional staff, staff qualifications, or training.
The license holder must ensure that any additional staff, staff qualifications, or training required by the child's individual child care plan in subpart 3 are provided.
A license holder operating a night care program must comply with this part as well as with all other requirements of parts 9503.0005 to 9503.0170.
Each child enrolled in a night care program must be provided with a crib, a bed, or a cot with a mattress. A crib and two sets of clean linens must be provided for each infant and meet the standards specified in part 9503.0050. A bed or a cot with a mattress, two sets of sheets, a blanket or quilt, and personal towels and washcloths must be provided for each child in all other age categories.
Subp. 3. Garments for sleeping.
The license holder must ensure that all children are put to bed in garments for sleeping as designated by the child's parent.
The license holder must ensure that all children have the personal effects needed to clean up and prepare for sleep. The effects must include an individual wash cloth, towel, toothbrush, toothpaste, and liquid hand soap.
The license holder must ensure that a child who will be present in the center between 6:00 p.m. and 7:00 p.m. has had or will be provided with an evening meal. A bedtime snack must be available for all children in attendance. Eating times and schedules for the individual child must be consistent with patterns established in consultation with the child's parents.
At least two staff persons, one of whom must qualify as a teacher under part 9503.0032, must be present in the center at all times during the hours the night program is in operation. When more than 80 percent of the children present are asleep, the remaining staff persons needed to meet the required staff to child ratio must have at least the qualifications of a child care aide. Program staff must be awake and dressed and provide supervision to children who are sleeping.
The license holder must ensure that children have the opportunity to wash up and cleanse their teeth before bedtime and be assisted by program staff when necessary.
To ensure privacy, school age boys and girls must be separated during bedtime washing and changing activities.
Infants must have a sleep area separate from the center's play and activity areas.
A child's bedtime must be scheduled in consultation with the child's parent.
In rooms used for sleep during children's bedtime, light must be reduced to no less than one foot Candle.
A license holder operating a night care program must comply with the child care program standards in part 9503.0045. However, the child care program plan must emphasize quiet activities.
The outdoor activity area, outdoor activities, and outdoor equipment required by part 9503.0060 for children enrolled in a night care program need not be provided.
STAT AUTH: MS s 245A.02 subd 10; 245A.09 subd 1; 252.28 subd 2
Subpart 1. Exemptions for drop-in child care programs.
A license holder operating a drop-in child care program as defined in part 9503.0015 must comply with parts 9503.0005 to 9503.0170 with the following exceptions:
A. The staff ratios and group size restrictions in part 9503.0040 do not apply and are replaced by the requirements in subparts 2 to 6.
B. Part 9503.0045, subpart 1, items F and G, of the child care program plan do not apply.
C. The requirement in part 9503.0050, subpart 6, that separate bedding be provided for each child in care applies only to those children in care who are less than 30 months old. The provisions in part 9503.0050, subpart 6, requiring washing and cleaning of bedding and blankets remain in effect and apply to all bedding or blankets used by the drop-in child care program.
D. Half the furnishings, equipment, materials, or supplies specified by the following subparts of part 9503.0060 are required:
(1) subpart 4, item A, subitems (2),(5), and (8);
(2) subpart 5, item A, subitems (2),(3), and (7); and
(3) subpart 6, item A, subitems (3) and(6).
E. Part 9503.0070, regarding night care programs, does not apply.
F. Part 9503.0090, subpart 2, regarding parent conferences and daily reports, does not apply.
A drop-in child care program must:
A. be operated under the supervision of a person who qualifies both as a director under part 9503.0031 and as a teacher under part 9503.0032; and
B. have at least two staff persons present at the center whenever the program is operating even when the ages and numbers of children present are such that the staff-to-child ratio requirements established in subpart 3 could be met by having only one staff person.
The minimum ratio of staff persons to children that a license holder may maintain is:
A. for infants ages six weeks through 16 months, one staff person for every four infants;
B. for children ages 17 months through 29 months, one staff person for every seven children; and
C. for children ages 30 months through 12 years, one staff person for every ten children.
Subp. 4. Exception to staff ratio for ages 30 months through 12 years.
The number of children per staff person specified in subpart 3 may be increased only with children ages 30 months through 12 years, only by a maximum of four children, and only for a time period, not to exceed 20 minutes, required for additional staff to arrive at the center. A center that exceeds the ratio in subpart 3, item C, must be able to document having staff persons who, as a condition of their employment, are on call to come to the center as needed and arrive at the center within 20 minutes after receiving notification to report.
Subp. 5. Age category grouping.
Whenever the total number of children present to be cared for at a center is more than 20, children younger than 30 months must be cared for in an area that is physically separated from older children. All children 30 months old and older may be cared for in the same group in the same area.
Staff distributions for drop-in child care programs must meet the requirements in items A and B.
A. If a drop-in child care program serves both infants and older children, the following minimum staff distribution pattern applies for the supervision of infants ages six weeks through 16 months and children ages 17 months through 29 months:
(1) The first staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an assistant teacher as specified in part 9503.0033.
(2) The second staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.
(3) The third staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an assistant teacher as specified in part 9503.0033.
(4) The fourth staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.
(5) The fifth staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an assistant teacher as specified in part 9503.0033.
(6) The sixth staff person needed to meet the staff-to-child ratios required in subpart 3, items A and B, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.
B. The following minimum staff distribution pattern applies for the supervision of children 30 months and older.
(1) The first staff person needed to meet the required staff-to-child ratio specified in subpart 3, item C, must meet the qualifications for teachers specified in part 9503.0032.
(2) The second, third, and fourth staff persons needed to meet the required staff-to-child ratio specified in subpart 3, item C, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.
(3) The fifth staff person needed to meet the staff-to-child ratio required in subpart 3, item C, must have at least the qualifications of an assistant teacher as specified in part 9503.0033.
(4) The sixth, seventh, and eighth staff persons needed to meet the staff-to-child ratio required in subpart 3, item C, must have at least the qualifications of an aide as specified in part 9503.0034, subpart 1.
(5) For any additional staff persons needed after the eighth staff person to meet ratio requirements, the pattern of required staff qualifications established in subitems (3) and (4) applies.
STAT AUTH: MS c 245A; 252.28 subd 2; L 1989 c 282 art 2 s 211
A child with any of the following conditions or behaviors is a sick child and must be excluded from a center not licensed to operate a sick care program. If the child becomes sick while at the center, the child must be isolated from other children in care and the parent called immediately. A sick child must be supervised at all times. The license holder must exclude a child:
A. with a reportable illness or condition as specified in part 4605.7040 that the commissioner of health determines to be contagious and a physician determines has not had sufficient treatment to reduce the health risk to others;
B. with chicken pox until the child is no longer infectious or until the lesions are crusted over;
C. who has vomited two or more times since admission that day;
D. who has had three or more abnormally loose stools since admission that day;
E. who has contagious conjunctivitis or pus draining from the eye;
F. who has a bacterial infection such as streptococcal pharyngitis or impetigo and has not completed 24 hours of antimicrobial therapy;
G. who has unexplained lethargy;
H. who has lice, ringworm, or scabies that is untreated and contagious to others;
I. who has a 100 degree Fahrenheit axillary or higher temperature of undiagnosed origin before fever reducing medication is given;
J. who has an undiagnosed rash or a rash attributable to a contagious illness or condition;
K. who has significant respiratory distress;
L. who is not able to participate in child care program activities with reasonable comfort; or
M. who requires more care than the program staff can provide without compromising the health and safety of other children in care.
STAT AUTH: MS s 245A.02 subd 10; 245A.09 subd 1; 252.28 subd 2
Subpart 1. Licensure of sick care programs.
If a license holder chooses to care for a sick child, then the license holder must operate a sick care program that complies with the standards specified by this part and with all other applicable provisions of parts 9503.0005 to 9503.0170, and any standards of the commissioner of health governing the group care of children.
Subp. 2. Review of admission and health policies and practices.
At the time of initial license application, after the first six months of initial operation, and annually after that time, a sick care program's admission policies must be reviewed and approved by a licensed physician with a specialization in pediatric care. The physician's review must include consultation with the licensed registered nurse or physician responsible for admissions. A report of the physician's findings must be sent to the commissioner with the initial application for licensure, and subsequent reports must be placed in the center's administrative record.
The license holder operating a sick care program must ensure that the program's health policies and practices are reviewed quarterly by a health consultant.
Subp. 3. Evaluation of a sick child.
A license holder who operates a sick care program must provide for the evaluation of the condition of a sick child before admitting the child to the center. The evaluation must be based on the physical symptoms of the child each day of admission, the probable contagion and risk to the health of others present, and the ability of the program to provide the care the child requires. A physician or registered nurse affiliated with the center must perform the evaluations specified in items A to C
A. A preliminary evaluation must be made before the parent brings the child to the center. The preliminary evaluation must consist of the parent's reporting the child's symptoms to the center's physician or registered nurse by phone. The physician or registered nurse must tell the parent whether the parent may bring the child to the center for further evaluation. Children with a communicable reportable illness or condition as specified in part 4605.7040 must be evaluated by a physician prior to admission to the center.
B. The physician or registered nurse must do a physical assessment of the child and obtain a health history from the parent when the child is brought to the center.
C. The decision of the physician or registered nurse not to admit the child for care is final.
Children recovering from a noncontagious condition must be cared for in a room separate from children with contagious conditions.
Children with chicken pox must be excluded from any child care program, including a sick care program, unless care is provided in a room that is separate from other parts of the facility and has its own air circulation system and street entrance.
Subp. 5. Gastrointestinal illness.
Children with gastrointestinal illness must be at least two years old to be in a sick care program and must be cared for in a separate room used exclusively for the care of gastrointestinal illness.
Subp. 6. Information to parents.
A summary of the sick care program's health care policies and practices and the center's procedures for notification of parents in the event of an emergency must be given to the parent at the time a child is admitted.
Subp. 7. Parent conference exception.
Centers licensed to provide child care exclusively to sick children need not provide parent conferences as specified in part 9503.0090, subpart 2, item B.
Subp. 8. Child care program emphasis.
A sick care program must meet the child care program plan standards in part 9503.0045. However, the child care program plan for the care of sick children must emphasize quiet activities.
Subp. 9. Group size and age category grouping exceptions.
The maximum group sizes specified in part 9503.0040, subpart 1, and the age category grouping restrictions in part 9503.0040, subpart 3, are not required except that there must be no more than 16 children in care in a room at the same time and the provisions in subparts 5 and 14 apply.
Subp. 10. Additional staff to child ratios and staff distribution requirements.
A one to four staff to child ratio must be maintained at all times in a room used to care for sick children. At least two staff persons must be present in a center operating a sick care program whenever sick children are in care. The first staff person must be a nurse registered by the Board of Nursing to practice professional nursing. The second staff person must meet the qualifications for a teacher in part 9503.0032. The remaining staff persons must at least meet the qualifications and follow the staff distribution pattern specified in part 9503.0040.
Subp. 11. Limitation on staff assignment.
Staff must not care for well children or prepare food for well children on the same day they care for sick children. Staff caring for sick children must not enter the kitchen used to prepare food for well children.
Food provided by the license holder and prepared at the center must be prepared in a room separate from rooms where sick care is provided and must be delivered to each sick care room in individual servings and in covered containers. Procedures for preparing, handling, and serving food and washing food, utensils, and equipment must comply with the requirements in chapter 4626.
Menus for sick Children must modified to meet the individual needs of the child.
Subp. 14. Additional facility requirements.
A license holder operating a sick care program must provide:
A. a room or rooms that are exclusively used to care for sick children and that are not used at any time for any other child care purpose; and
B. toilets and hand sinks that are within or immediately adjacent to the room or rooms used for sick care and are not used by well children in care.
Subp. 15. Outdoor activity area, activities and equipment exception.
A license holder operating a sick care program that provides care exclusively to sick children need not provide the outdoor activity area required in part 9503.0155, subpart 7; outdoor activities as specified in part 9503.0045, subpart 1, item I; and the outdoor equipment required in part 9503.0060, subpart 4, item B, subitem (9); subpart 5, item B, subitem (9); and subpart 6, item B, subitems (7) and(11).
Walls and floors in rooms where sick care is provided and all linens, furnishings, objects, and equipment used by sick children must be cleaned and disinfected at least daily and as needed.
Subp. 17. Linens and changes of clothing.
All linens used by a sick child must be washed after each use, and each child must be in clean clothing at all times.
Subp. 18. Additional equipment.
Each sick child must be provided with a crib, bed, or cot, two sheets, a pillow, a pillowcase, and a blanket or quilt.
STAT AUTH: MS s 31.01; 31.11; 144.05; 144.08; 144.12; 157.011; 245A.02; 245A.09; 252.28