Subp. 29a. Supervision. “Supervision” means a caregiver being within sight or hearing of an infant, toddler, or preschooler at all times so that the caregiver is capable of intervening to protect the health and safety of the child. For the school age child, it means a caregiver being available for assistance and care so that the child’s health and safety is protected. Subp. 30. Toddler. “Toddler” has the meaning given in Minnesota Statutes, section 245A.02, subdivision 19, paragraph (d). Subp. 31. Variance. “Variance” means written permission by the commissioner for a provider or applicant to depart from the provisions of parts 9502.0315 to 9502.0445. 9502.0325 LICENSING OF FACILITIES FOR CHILDREN FAMILY DAY CARE AND GROUP FAMILY DAY CARE HOMES. Subpart 1. Purpose. The purpose of parts 9502.0315 to 9502.0445 is to establish procedures and standards for licensing family day care and group family day care homes to ensure that minimum levels of care and service are given and the protection, proper care, health, safety, and development of the children are assured. Subp. 2. Applicability. Parts 9502.0315 to 9502.0445 as authorized by Minnesota Statutes, chapter 245A, govern the licensing of family day care homes and group family day care homes. Subp. 3. Exclusion from licensure. Under Minnesota Statutes, section 245A.03, the following day care situations are excluded from licensure under parts 9502.0315 to 9502.0445: A. day care provided by a relative to only related children; or B. day care provided to children from a single, unrelated family, for any length of time; or C. day care provided for a cumulative total of less than 30 days in any 12-month period; or D. the exclusions contained in items A and B are mutually exclusive. 9502.0335 LICENSING PROCESS. Subpart 1. License application. A license to operate a family or group family day care residence must be obtained from the department. A. Application for a license must be made on the application form issued by the department. The application must be made in the county where the applicant resides. B. The applicant shall be the person who will be the provider of care in the residence, present during the hours of operation, and who shall be legally responsible for the operation of the residence. C. An application for licensure is complete when the applicant completes, signs, and submits all department forms and documentation needed for licensure to
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