Minnesota Childcare Licensing
Minnesota Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Minnesota, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. Minnesota sets no "up to N unrelated children" license-free allowance for ongoing family child care; instead, child care is excluded from licensure only when it is provided by a relative, provided by one unrelated individual to persons from a single related family, or provided for a cumulative total of less than 30 days in any 12-month period (Minn. Stat. 142B.05, subd. 2(a), clauses (1), (2), and (10); these exclusions moved from Minn. Stat. 245A.03, subd. 2 to chapter 142B effective June 18, 2025). A license is otherwise required to provide family day care, defined as care for no more than 10 children at one time of which no more than 6 are under school age (Minn. R. 9502.0315, subp. 9).
Last updated: April 2026
Researched by the TotReady Research TeamMinnesota License Exemption Threshold: The Specifics
Minnesota sets no "up to N unrelated children" license-free allowance for ongoing family child care
Minn
instead, child care is excluded from licensure only when it is provided by a relative, provided by one unrelated individual to persons from a single related family, or provided for a cumulative total of less than 30 days in any 12-month period (Minn. Stat. 142B.05, subd. 2(a), clauses (1), (2), and (10)
or provided for a cumulative total of less than 30 days in any 12-month period (Minn. Stat. 1
these exclusions moved from Minn. Stat. 245A.03, subd. 2 to chapter 142B effective June 18, 2025).
exclusions moved from Minn. Stat. 2
A license is otherwise required to provide family day care, defined as care for no more than 10 children at one time of which no more than 6 are under school age (Minn. R. 9502.0315, subp. 9).
Minn
A Minnesota family day care home with one adult may care for a maximum of 10 children at one time, of whom no more than 6 are under school age and no more than 3 are a combined total of infants and toddlers (no more than 2 of whom are infants)
no more than 2 of whom are infants
a group family day care home may care for up to 10 children with one adult, up to 12 children with one qualified adult (no more than 10 under school age, no more than 2 infants/toddlers including no more than 1 infant), or up to 14 children with two adults (no more than 10 under school age and no more than 4 infants/toddlers, including no more than 3 infants) (Minn. R. 9502.0367).
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Minnesota License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Minnesota without a license?
Minnesota sets no "up to N unrelated children" license-free allowance for ongoing family child care; instead, child care is excluded from licensure only when it is provided by a relative, provided by one unrelated individual to persons from a single related family, or provided for a cumulative total of less than 30 days in any 12-month period (Minn. Stat. 142B.05, subd. 2(a), clauses (1), (2), and (10); these exclusions moved from Minn. Stat. 245A.03, subd. 2 to chapter 142B effective June 18, 2025). A license is otherwise required to provide family day care, defined as care for no more than 10 children at one time of which no more than 6 are under school age (Minn. R. 9502.0315, subp. 9).
What is the penalty for operating unlicensed in Minnesota?
Operating above the Minnesota exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Minnesota Department of Children, Youth, and Families (DCYF), Child Care Centers Licensing. Note: child care center licensing transferred from the Department of Human Services (DHS) to DCYF effective June 18, 2025. Existing DHS-issued licenses remain valid and license holders need not reapply; the governing rules (Minn. Rules ch. 9503) remain in force, and the licensing statutes formerly in Minn. Stat. ch. 245A have been recodified into Minn. Stat. ch. 142B (licensing) and ch. 142C (certification). about the correct credential before you begin.
Does Minnesota offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Minnesota offers a voluntary registry with the Minnesota Department of Children, Youth, and Families (DCYF), Child Care Centers Licensing. Note: child care center licensing transferred from the Department of Human Services (DHS) to DCYF effective June 18, 2025. Existing DHS-issued licenses remain valid and license holders need not reapply; the governing rules (Minn. Rules ch. 9503) remain in force, and the licensing statutes formerly in Minn. Stat. ch. 245A have been recodified into Minn. Stat. ch. 142B (licensing) and ch. 142C (certification)..
Minnesota childcare licensing rules are amended regularly. This page is compiled from published Minnesota administrative codes and statutes for informational purposes only — always verify current requirements with the Minnesota Department of Children, Youth, and Families (DCYF), Child Care Centers Licensing. Note: child care center licensing transferred from the Department of Human Services (DHS) to DCYF effective June 18, 2025. Existing DHS-issued licenses remain valid and license holders need not reapply; the governing rules (Minn. Rules ch. 9503) remain in force, and the licensing statutes formerly in Minn. Stat. ch. 245A have been recodified into Minn. Stat. ch. 142B (licensing) and ch. 142C (certification). before relying on them. TotReady provides information and document templates, not legal or regulatory advice.