SOME IMPORTANT INITIAL DEFINITIONS Although the terms “child care” and “day care” are often used interchangeably in general conversations, it is important to be aware that those terms and other related terms have specific definitions in Minnesota Statutes and in sections of Minnesota Rules implementing those statutes. Minnesota Statutes § 119B.011 defines “child care’ as the care of a child by someone other than a parent, a stepparent, legal guardian, eligible relative caregiver, or the spouses of any of the foregoing in or outside the child’s own home for gain or otherwise on a regular basis. Minnesota Rules 9503.0005 Subp. 7 defines a “child care program” as 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. Minnesota Rules 9503.0015 (A) defines a “day program” as a child care program operated during normal waking hours (approximately 6 a.m. to 6 p.m.) where the program(1) operates for more than 30 days in any 12 month period, is not a program excluded from licensing under Minnesota Statutes § 245A.03 subd. 2 (for example, is not a sheltered workshop or a program operated by a public school) and (2) provides care to any child for more than 30 days in any 12 month period and 45 hours in any calendar month.
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