How Minnesota Suspends a Daycare License
Minnesota's Department of Human Services (DHS) can suspend a daycare license when ready if it finds a serious threat to child safety. A suspension is not the same as a closure notice — it takes effect right away, often without advance warning, and the facility must stop operating that day. The suspension order comes in writing and states the specific reason, usually tied to violations in Minnesota Rules Chapter 9502 (family child care) or Chapter 9503 (center-based care).
The most common triggers for suspension are abuse or neglect of a child, unsafe physical conditions that pose when ready danger, staff who lack required background clearances, or operating without a valid license. DHS can also suspend if a provider fails to report a serious incident, loses liability insurance, or allows someone with a disqualifying criminal history to have unsupervised access to children. Once suspended, the facility cannot legally care for children for payment until the suspension is lifted.
You receive the suspension order in person or by certified mail, and it includes the effective date (usually the same day), the reason, and information about your right to request a hearing. The order also tells you what must happen before DHS will consider lifting the suspension — for example, correcting the unsafe condition, removing a staff member, or completing a safety investigation.
Key Takeaways
- Minnesota DHS can suspend a daycare license when ready if child safety is at serious risk, and the facility must stop operating that day.
- Common suspension reasons include abuse or neglect findings, unsafe physical conditions, missing background clearances, or operating without a valid license.
- You have the right to request a hearing within 10 days of receiving the suspension order, and you can continue operating during the hearing process if you request it in time.
- Lifting a suspension requires you to correct the specific violation, pass a follow-up inspection, and sometimes complete additional training or investigations.
- A suspension can lead to license revocation if violations are not corrected or if serious harm to a child occurred.
The Difference Between Suspension and Revocation
A suspension is temporary — it stops your license from being active, but the license itself still exists. You can potentially get it back once you fix the problem and DHS confirms the violation is resolved. A revocation is permanent — DHS cancels the license entirely, and you cannot reapply for a set period (often five years or longer, depending on the reason).
DHS uses suspension when it believes the problem can be fixed. It uses revocation when the violation is serious enough that the provider should not operate a daycare at all — for example, if a provider was found to have abused a child, stole from the program, or repeatedly ignored safety rules despite previous warnings. Some suspensions automatically move toward revocation if the provider does not correct the issue within a certain timeframe.
What You Must Do After Receiving a Suspension Order
Your first step is to read the suspension order carefully and identify exactly what DHS says you must fix. The order will specify the violation — for instance, "unlicensed staff member present without supervision" or "facility does not meet minimum square footage per child." Do not assume you know what the problem is; the written order is your roadmap.
Next, you have 10 days to request a hearing if you disagree with the suspension. You submit this request in writing to the DHS Office of Inspector General. Requesting a hearing does not automatically lift the suspension, but it does give you a chance to present your side of the story to a hearing officer. If you request a hearing within 10 days, you may be able to continue operating while the hearing is pending — this is called a "stay" — but you must ask for it explicitly in your hearing request.
If you do not request a hearing, or if you agree with the suspension, you must focus on correcting the violation. This might mean hiring a new staff member with proper clearance, fixing a safety hazard, completing a training course, or cooperating with an investigation. Once you believe you have corrected the problem, contact DHS to schedule a follow-up inspection. DHS will not lift the suspension until an inspector verifies that the violation is resolved.
Requesting a Hearing and Your Right to Continue Operating
If you believe the suspension is wrong, you can request a hearing before a Minnesota administrative law judge. You must submit your request in writing within 10 days of receiving the suspension order. Send it to the DHS Office of Inspector General, and include your license number, the date of the suspension, and a brief statement of why you think the suspension should not have happened.
The hearing usually takes place within 30 to 60 days. You can present evidence, call witnesses, and argue your case. The judge will decide whether DHS had legal grounds to suspend your license. If the judge agrees with you, the suspension is lifted. If the judge agrees with DHS, the suspension stays in place.
Importantly, if you request a hearing and ask for a "stay" in that same request, you may be allowed to keep operating while the hearing is pending. A stay is not automatic — the judge decides whether the public interest (child safety) outweighs your interest in continuing to operate. Stays are more likely if the violation is minor or if you can show you have already corrected it. If the violation involves abuse or serious safety risk, a stay is unlikely.
Steps to Get Your License Unsuspended
Once you know what to fix, create a concrete plan with specific actions and dates. If the suspension is for an unsafe condition — say, a broken window or inadequate lighting — document the repair with photos and receipts. If it is for a staffing issue, show proof that the problematic staff member is no longer present and that replacement staff have passed background checks. If it is for a training requirement, get a certificate of completion.
Contact DHS and tell them you have corrected the violation. Provide your documentation. DHS will schedule an inspection to verify. The inspector will check that the specific problem is actually fixed and that you have not created new violations in the process. If the inspection passes, DHS will issue a letter lifting the suspension, and your license becomes active again.
The timeline for this process varies. straightforward fixes like removing a staff member might take two to four weeks. More complex issues like structural repairs or investigation closures can take months. During this time, you cannot legally operate as a licensed daycare, though you may be able to operate unlicensed (which has its own legal limits) or care for a small number of children in your home without a license, depending on Minnesota law.
How Suspension Affects Your Record and Future Licensing
A suspension becomes part of your licensing history. If you later reapply for a license, DHS will see the suspension and may scrutinize your process more carefully. However, a suspension that was lifted because you corrected the problem is not as serious as a revocation. Many providers who had a suspension lifted go on to maintain active licenses.
If you have multiple suspensions, or if you fail to correct a violation and the suspension leads to revocation, you will face a much longer road back. Revocation typically bars you from holding a license for five to ten years, and you must show substantial evidence of change before DHS will even consider a new process.
A suspension also affects your reputation. Parents and referral sources may learn about it, and you may lose enrollment. Some suspensions are public record, so they can appear in online searches. This is why acting quickly to correct the violation and lift the suspension is important — the longer it stays in place, the more damage it does to your business.
Common Violations That Lead to Suspension
Minnesota suspends licenses most often for abuse or neglect findings, even if the finding is still under investigation. A single credible report of a child being hit, locked in a room, or left unsupervised can trigger when ready suspension. DHS does not wait for a criminal conviction; the suspension is based on the report itself.
Staffing violations are also common: operating with unlicensed staff, failing to do background checks, or employing someone with a disqualifying criminal history. Health and safety violations include inadequate space per child, broken or missing safety equipment, lack of emergency procedures, or failure to maintain required documentation.
Administrative violations include operating without a current license, failing to report a serious incident to DHS within 24 hours, or losing liability insurance. Some providers are suspended for financial reasons — for example, if they fail to refund parent fees or misuse program funds.
Frequently Asked Questions
Can I operate my daycare while my suspension is being appealed?
Only if you request a "stay" in your hearing request and the judge grants it. A stay is not automatic. The judge weighs whether child safety concerns outweigh your right to operate. If the suspension is for abuse or serious safety risk, a stay is unlikely. If it is for a minor violation you have already corrected, a stay is more possible.
How long does it usually take to get a suspension lifted?
It depends on what you must fix. straightforward corrections like removing a staff member might take two to four weeks. Structural repairs, investigations, or training requirements can take two to six months. The timeline starts when you contact DHS to say you have corrected the problem and ask for a follow-up inspection.
What happens to the children currently in my care when I am suspended?
You must notify parents when ready and help them find alternative care. You cannot legally continue to care for them under your license. Some providers arrange for parents to pick up children the same day. You should have an emergency closure plan in your licensing file for this reason.
Can a suspension turn into a revocation?
Yes. If you do not correct the violation within the timeframe DHS sets, or if you are suspended again for a similar reason, DHS can move to revoke your license permanently. Revocation is also more likely if the original violation involved serious harm to a child or criminal conduct.
Do I have to tell parents about my suspension?
Yes. Minnesota law requires you to notify parents in writing within 24 hours of a suspension. You must also tell them what the suspension is for and what steps you are taking to correct it. Transparency helps maintain trust and shows you are taking the issue seriously.