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June update on child care licensing standards

Office of Inspector General - Licensing Division - June 5, 2026

The Minnesota Legislature passed Child Care Licensing Modernization as part of the Health and Human Services Budget Omnibus Bill. Governor Walz signed the bill containing the revised licensing standards into law on May 26, 2026. The updated child care licensing standards take effect on July 1, 2027.

The Department of Children, Youth, and Families (DCYF) is currently developing implementation plans, resources, and guidance to support a successful transition to the new licensing framework. DCYF recognizes that a significant change in regulatory language can bring up many questions, and we are committed to continually communicate with providers, licensors and families about the changes and what to expect from implementation.

To support consistent communication and provide timely updates, DCYF’s Office of Inspector General Licensing Division is launching this newsletter series. The newsletter will be distributed monthly through July 1, 2027, and will include implementation updates, answers to frequently asked questions, clarification of licensing requirements, and information about available resources.

This first edition addresses several questions that have been raised by providers and licensors. The goal is to provide clear information about what the law requires and to address common questions that have been shared since the legislation was passed. For each of these areas, more detailed information will be provided before July 1, 2027.

The following are some of the questions received most frequently to date.

Family Child Care (FCC) Outdoor Equipment

Question: Will the new outdoor play equipment requirements require me to replace my existing equipment?

Answer: Not necessarily. Providers should not remove or replace existing outdoor play equipment based solely on the passage of the new law. Existing licensing standards require that play equipment be installed per manufacturer’s instructions. The new standards incorporate the key safety requirements from the Consumer Product Safety Commission (CPSC). Most commercially manufactured play equipment is already designed to meet nationally recognized safety standards. Non-commercial (home-made) play equipment may need adjustments or modifications to meet the new standards. Additional details will be shared before implementation.

Question: I am not sure if the openings on my play equipment will meet the new requirement, how do I measure openings in my play equipment to determine whether they meet the head entrapment requirements?

Answer: Measure the clear opening between the sides of the equipment, not the width of the spindles, bars, or other structural components. As shown below, the opening should be either less than 3.5 inches or greater than 9 inches to reduce the risk of head entrapment. As mentioned above, most commercially manufactured play equipment would already comply with this requirement because it is consistent with the recommendations from the CPSC.

Question: The new rules require a "continuous railing" around decks and elevated play structures. Does this mean there can be no openings to access the structure?

Answer: No. The requirement for a continuous railing is intended to help prevent falls from elevated surfaces. Similar to requirements found in the State Building Code, railings may include gates, doors, and other access points that allow children and adults to safely enter and exit the area.

For play structures, this includes openings that are necessary for the intended use of the equipment, such as access to slides, climbing features, monkey bars, platforms, stairs, and other play components.

Question: I have a ditch that occasionally fills with water, creek, lake, pond, wetland, or other wet area hazard near my outdoor play area. Will I be required to install a fence? 

Answer: Not necessarily. The new law allows programs to use either a fence or natural barrier, or a supervision and safety plan that describes how children will be kept safe from nearby hazards. The specific circumstances of each property will need to be considered. Additional guidance on supervision and safety plans will be provided before the new requirements take effect.

FCC License Classifications

Question: What will happen to my current license classification under the new licensing system?

Answer: Additional details will be shared before implementation; however, providers can generally expect to transition to the new license classification that most closely aligns with their current licensed capacity and operations. For example, a provider currently licensed as a Class C1 would likely transition to the new Class C2 license.

Question: Will I need to submit a new application when the new license classifications take effect?

Answer: Not necessarily. Additional details will be shared before implementation. Providers who wish to continue operating at a capacity and staffing level comparable to their current license classification are not expected to complete a full relicensing process.

However, providers seeking to move to a different license classification with a different capacity or staffing structure may be required to apply for that classification. For example, a provider currently licensed as a Class C1 who wishes to operate as a Class C4 under the new system would likely need to complete a new application for that switch.

Question: I plan to transition to a Class C5 license with a capacity of 18 children. Can I begin enrolling additional children now for July 1, 2027?

Answer: Not yet. Before a program can operate under a new license class with a higher capacity, it must meet specific requirements that will need to be verified by the licensor. These requirements may include indoor and outdoor square footage, training, and other health and safety standards.

This applies to any license class change that would increase a program's capacity. Programs seeking to increase capacity will need to work with their licensor before implementation to ensure they meet the requirements of the new license class before enrolling additional children. Additional details will be shared before implementation.

FCC and CCC Miscellaneous

Question: Do parents have the right to enter the licensed child care space at any time, even if I have safety concerns?

Answer: Yes. This requirement aligns Minnesota with federal language found in 45 CFR 98.31. Parents must be allowed access to their own child(ren) and the licensed child care space at any time their child is in care, unless a court order or other legal documentation restricts that access. Parents do not have the right to enter areas of the residence that are not part of the licensed child care space.

If a provider has concerns that a child is being maltreated or is otherwise at risk of harm, the provider must comply with applicable mandatory reporting requirements, including those outlined in Minnesota Statutes, section 142B.54. Additionally, if a provider has concerns about a child facing immediate harm they may contact local law enforcement.

The new parent access requirement does not override court orders or other legal restrictions on a parent's access to a child. Providers also retain the right to determine whether to enroll or continue serving families in accordance with applicable laws and program policies.

Question: Which child care programs are affected by the new licensing requirements?

Answer: The new licensing requirements apply to licensed family child care programs, including programs currently licensed as special family child care (which will be renamed as community-based family child care), and licensed child care centers.

The law does not include changes applicable to legally nonlicensed child care providers or certified license-exempt child care centers.

Question: How can I stay informed about Child Care Regulation Modernization implementation?

Answer: Updates will be shared through the Child Care Regulation Modernization listserv and webpage as information becomes available. Anyone interested in receiving updates can sign up through the Child Care Regulation Modernization webpage for the family child care or child care center listerv.

Contact us

Questions and feedback may be submitted to ccregmodernization.dcyf@state.mn.us and will help inform future guidance and communications. While we may not be able to reply to each message individually, we are reading each one and using your questions to directly inform our implementation planning.