Eligibility of Homes with Special Family Child Care Licenses
To: Sponsors of the Child and Adult Care Food Program - Homes
From: Greg Hein, Supervisor
Applications, Claims & Commodities
Food and Nutrition Service
Date: November 5, 2008
Subject: CACFP Participation by Providers and Organizations with Special Family Child Care Licenses
This memorandum addresses Child and Adult Care Food Program (CACFP) eligibility for providers and organizations with “special” family child care licenses issued under Minn. Stat. 245A.14, Subd. 4 (attached to this memo). This replaces the February 2000 Food and Nutrition Service memorandum on “CACFP Participation with ‘Special’ Family Child Care Licenses.”
Family child care licenses are usually issued by the Minnesota Department of Human Services (DHS) to individuals who provide child care in their own home. “Special” family child care licenses currently may be issued to:
Two types of individual providers (see #1 below)
- Providers who conduct their child care operations in a home other than their own residence
- “Community collaborative child care” providers
Three types of organizations (see #2 below)
- Employers
- Churches and religious organizations
- Nonprofit organizations that provide contracted child care to at least two community employers or organizations.
1. Individual Providers with Special Family Child Care Licenses
Under 245A.14, Subd. 4(a), an individual provider who conducts child care in a home other than their own residence may be issued a special family child care license to conduct child care “in a dwelling that is located on a residential lot.” An individual provider with this type of license is eligible to participate in the family child care component of the CACFP because CACFP policy (FNS Memo 94-D) defines “home” as the home where the provider lives, or someone else’s home, or an unoccupied residential facility.
Under 245A.14, Subd. 4(d), an individual “community collaborative child care provider” may be issued a special family child care license to provide child care for a community action agency. This type of child care is provided in a setting other than a home, so the provider is not eligible to participate in the family child care component of the CACFP. The provider, as an individual licensee, is not eligible to participate in the child care center component of the CACFP.
If any additional categories of special family child care licenses for individual providers are added to the statute, the same test of eligibility for the family child care component of the CACFP will apply, i.e., whether the child care is provided in a “home” according to federal policy.
This standard also applies to family child care licenses issued by tribal authorities to individual providers.
2. Organizations with Special Family Child Care Licenses
Under Minn. Stat. 245A.14, Subd. 4(b), (c), and (e), DHS may license an organization under the rules governing family child care. The organization may be an employer, a church or religious organization, or a nonprofit agency that provides child care in a home and holds contracts with at least two community employers or organizations.
An organization with this type of family child care license is not eligible to participate in the family child care component of the CACFP because the license holder is the organization, not an individual child care provider. If an individual provider’s name is listed on the license, it is for informational purposes only.
An organization with this type of child care license may qualify to participate in the child care center component of the CACFP because the definition of “child care center” in CACFP regulations is broad.
An organization with a special family day care license issued under 245A.14, Subd. 4(b), (c), or (e) should contact the Minnesota Department of Education, Food and Nutrition Service to determine its eligibility for participation in the CACFP as a child care center. To participate in the CACFP, an organization must be one of the following types of organization: a private nonprofit organization, a for-profit organization that provides at least 25 percent of its child care services to children from low-income families, or a public agency.
If any additional categories of special family child care licenses for organizations are added to the statute, the same test of eligibility for CACFP will apply, i.e., whether the organization meets the CACFP definition of “child care center.”
This standard also applies to family child care licenses issued by tribal authorities to organizations.
If you have any questions about this information, contact Food and Nutrition Service at 651-582-8526, 800-366-8922, or email to fns@state.mn.us.
Attachment – Minnesota Statutes 245A.14, Subdivision 4
Subd. 4. Special family day care homes. Nonresidential child care programs serving 14 or fewer children that are conducted at a location other than the license holder's own residence shall be licensed under this section and the rules governing family day care or group family day care if:
(a) the license holder is the primary provider of care and the nonresidential child care
program is conducted in a dwelling that is located on a residential lot;
(b) the license holder is an employer who may or may not be the primary provider of care, and the purpose for the child care program is to provide child care services to children of the license holder's employees;
(c) the license holder is a church or religious organization;
(d) the license holder is a community collaborative child care provider. For purposes of this subdivision, a community collaborative child care provider is a provider participating in a cooperative agreement with a community action agency as defined in section 256E.31; or
(e) the license holder is a not-for-profit agency that provides child care in a dwelling located on a residential lot and the license holder maintains two or more contracts with community employers or other community organizations to provide child care services. The county licensing agency may grant a capacity variance to a license holder licensed under this paragraph to exceed the licensed capacity of 14 children by no more than five children during transition periods related to the work schedules of parents, if the license holder meets the following requirements:
(1) the program does not exceed a capacity of 14 children more than a cumulative total of four hours per day;
(2) the program meets a one to seven staff-to-child ratio during the variance period;
(3) all employees receive at least an extra four hours of training per year than required in the rules governing family child care each year;
(4) the facility has square footage required per child under Minnesota Rules, part 9502.0425;
(5) the program is in compliance with local zoning regulations;
(6) the program is in compliance with the applicable fire code as follows:
(i) if the program serves more than five children older than 2-1/2 years of age, but no more than five children 2-1/2 years of age or less, the applicable fire code is educational occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2003, Section 202; or
(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code 2003, Section 202; and
(7) any age and capacity limitations required by the fire code inspection and square footage determinations shall be printed on the license.
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