Olmsted County Family Child Care Licensing Variance Policy

Olmsted County only approves variances to the following family child care licensing rule:

MN Rule 9502.0367 CHILD/ADULT RATIOS; AGE DISTRIBUTION RESTRICTIONS.

DHS has delegated authority to consider variance requests for a maximum of 1 child over total numbers or ratios.

  • A variance request for a total capacity over 14 children will not be approved.
  • We will not backdate a request. (Variance must be approved prior to the time that it is needed. Failure to do so may result in a correction order or other negative action.)
  • A variance request will not be approved after:
    • A recommendation for a negative action
    • While a negative action is in effect
    • For six months after a negative action has been completed.
  • A variance request will not be approved if there has been a correction order issued for a violation of supervision or behavior guidance rules in the past 6 months.
  • Maximum length of variance:
    • For a full-time request (more than 25 hours per week) is 3 months.
    • For a part-time request is 5 months.

There must be a reason that the need for the variance ends (for example a child ages up to a new category, a child leaves care, care is temporary, etc.). You cannot apply for another variance for the same group of children.

  • Multiple variances will be allowed for a maximum of 6 months per year. (The year begins at the start of the first variance.)
  • A second caregiver will be required when:
    • Operating as a Class A or Class C1 license and
      • There will be 3 infants with a total of more than 4 children under 3 years old in care, or
      • There will be more than a total of 5 children under age 3 years old in care
    • Operating as a Class C2 license and
      • There will be two infants with more than a total of 3 children under age 3 years old in care, or
      • There will be a total of more than 4 children under 3 years old, or
      • There will be more than 12 children in care
  • There can be no new enrollments added after a variance request has been approved and/or during the variance period.
  • The provider will be responsible to notify the licensor immediately during a variance period if the variance is no longer needed.
  • Variance requests will not be approved more than 3 months prior to the start of the date of the variance..

The Family Child Care Weekly Attendance form must include the name and date of birth (NOT due date) for all children who will be enrolled during the variance period.

To apply for a capacity variance:

Please complete the Minnesota Department of Human Services Variance Request:  Family Child Care, Family Child Care Weekly Attendance Schedule, and Variance Request Notice for Parents forms and send them to your licensor. 

Click below to link to these forms:

Variance Request: Family Child Care (DHS-7297)

Family Child Care Weekly Attendance Schedule (DHS-7297A)

*Note: The parent notification signature form is no longer required effective 1/1/2023.