How Minnesota suspends a daycare license and what triggers it
Minnesota's Department of Human Services (DHS) can suspend a daycare license without waiting for a hearing if the agency finds that children are in when ready danger. The suspension takes effect the same day DHS issues the order. This is different from a license denial or revocation, which follow a formal hearing process — suspension is an emergency action that happens first, and the hearing comes after.
DHS suspends licenses when it documents serious violations that put children at risk: abuse or neglect of a child in care, failure to report suspected abuse, operating without required staff present, unsafe facility conditions that pose when ready hazard, or violations of health and safety rules that directly endanger children. The agency does not need to prove the violation in court before suspending; it needs reasonable cause to believe the danger exists.
A suspension order includes the specific reason for suspension, the effective date and time, and notice of the provider's right to request a hearing. The order is mailed to the license holder and typically becomes public record once issued.
Key Takeaways
- Minnesota DHS can suspend a daycare license when ready without a prior hearing if children face imminent danger, and the suspension takes effect the same day the order is issued.
- Common reasons for suspension include abuse or neglect of children in care, failure to report suspected abuse, inadequate staffing, unsafe facility conditions, and violations of health and safety rules that directly endanger children.
- A suspended provider has the right to request a hearing within 10 days of the suspension order, and DHS must hold that hearing within 30 days unless both parties agree to delay it.
- During suspension, the daycare cannot legally operate or care for children, and operating while suspended can result in criminal charges and civil penalties in addition to license revocation.
- If DHS finds no violation after the hearing, the license is reinstated; if violations are confirmed, DHS may lift the suspension pending further proceedings or move toward revocation.
The suspension order and what it means for operations
When DHS issues a suspension order, the daycare must stop operating when ready. This means no children can be in the facility, no staff can provide care, and no new enrollments can be accepted. The suspension remains in place until DHS lifts it or a hearing officer rules otherwise.
The suspension order is not the same as a license revocation. Suspension is temporary and emergency-based; revocation is permanent and follows a full hearing. A suspended license can be reinstated if the hearing finds no violation or if the violation is corrected and DHS determines children are no longer in danger. A revoked license cannot be reinstated — the provider must reapply from the beginning.
Parents of children enrolled in the suspended daycare are notified by DHS, usually within one business day. DHS also posts suspension notices on its public license lookup database, so other families searching for childcare can see the suspension status.
Your right to a hearing and the timeline
A suspended provider has the right to request a hearing to challenge the suspension. The request must be made within 10 days of receiving the suspension order. The hearing must be held within 30 days of the request unless both the provider and DHS agree in writing to delay it.
The hearing is conducted by an administrative law judge (ALJ) who is independent of DHS. The provider can present evidence, call witnesses, and challenge DHS's findings. DHS presents its evidence and witnesses. The ALJ then issues a written decision within 30 days of the hearing.
If the provider does not request a hearing within 10 days, the suspension becomes final and cannot be appealed through this process. However, a provider can still petition for judicial review in district court, which is a separate and more expensive legal process.
What the hearing officer decides and what happens next
The ALJ decides whether DHS had reasonable cause to believe children were in when ready danger. The ALJ does not decide whether the provider is a good person or made an honest mistake — the question is whether the specific violation DHS documented posed imminent risk to children.
If the ALJ finds DHS did not have reasonable cause, the license is reinstated when ready and the suspension is lifted. The provider can reopen. If the ALJ finds DHS did have reasonable cause, the suspension remains in place pending further action by DHS.
After the hearing, DHS may move toward license revocation, may allow the provider to correct the violation and lift the suspension, or may issue a conditional license with specific requirements the provider must meet. The path forward depends on the nature and severity of the violation and whether DHS believes the provider can operate safely going forward.
Operating a daycare while suspended is illegal
A provider who operates a daycare while the license is suspended commits a crime under Minnesota law. The penalty is a misdemeanor, which can result in jail time up to 90 days and a fine up to $1,000. A second or subsequent offense within five years is a felony.
In addition to criminal charges, DHS can seek civil penalties and can move when ready to revoke the license permanently. Parents who discover a daycare operating under suspension can report it to DHS, and DHS will investigate and may refer the matter to law enforcement.
Some providers attempt to operate informally or "off the books" during a suspension, believing they are not breaking the law if they do not advertise or charge families. This is not true — any care provided to children outside the family for payment or as a business, while the license is suspended, is illegal.
Steps to take if your license is suspended
First, stop all childcare operations when ready. Notify all enrolled families in writing that the license has been suspended and provide them with the DHS suspension notice or a summary of it. Offer to help families find alternative care and consider whether you can provide referrals.
Second, read the suspension order carefully and identify the specific violation DHS cited. Gather any documents, photos, or records that show the violation has been corrected or that DHS's finding is inaccurate. If you believe the suspension is wrong, consult with a lawyer who handles childcare licensing matters before the 10-day important date to request a hearing.
Third, decide whether to request a hearing. If you believe DHS's findings are factually wrong or that children were not in imminent danger, request the hearing within 10 days. If you believe the violation is real but correctable, you may choose not to request a hearing and instead work with DHS on a corrective action plan. Either path is legal; the choice depends on your circumstances and your lawyer's information.
Fourth, if you request a hearing, prepare your evidence and identify witnesses who can testify on your behalf. Your lawyer can help you organize this. Attend the hearing and present your case fully. Do not assume the ALJ will side with you — bring strong evidence.
Reinstating your license after suspension is lifted
If the suspension is lifted — either because the hearing officer ruled in your favor or because DHS determined the violation was corrected — you do not automatically reopen. DHS must issue written notice that the suspension is lifted and the license is reinstated. Only then can you legally operate again.
Before reopening, you may need to complete corrective actions DHS specified in the suspension order or in a corrective action plan. These might include staff retraining, facility repairs, or policy changes. DHS may conduct an inspection before lifting the suspension to confirm corrections are complete.
You must also notify families that the license has been reinstated and that the facility is ready to reopen. Some families may have found other childcare and may not return. Rebuilding enrollment after a suspension takes time.
How suspension differs from other license actions
Minnesota has several ways to enforce childcare licensing rules. A license denial happens when someone applies for a new license and DHS finds they do not meet requirements — they never get a license in the first place. A license revocation is permanent removal of an existing license, and it follows a full hearing. A suspension is temporary and emergency-based, with a hearing that comes after the suspension takes effect.
DHS can also issue a conditional license, which allows the provider to operate but with specific restrictions or requirements. A conditional license is often used after a violation is found but before a full revocation hearing, or as an alternative to revocation if the provider agrees to meet certain conditions.
A citation or notice of violation is a formal warning that does not suspend the license but documents that a rule was broken. Multiple citations can lead to suspension or revocation if the violations are serious or repeated.
Frequently Asked Questions
Can DHS suspend my license without telling me first?
Yes. If DHS finds imminent danger to children, it can issue a suspension order without advance notice or a hearing. You receive the order after the suspension takes effect. This is legal because the purpose is to stop the danger when ready, not to give you a chance to fix it before action is taken.
What if I disagree with the reason DHS gave for suspension?
Request a hearing within 10 days of the suspension order. At the hearing, you can present evidence and witnesses to challenge DHS's findings. The ALJ will decide whether DHS had reasonable cause to believe children were in when ready danger based on the facts presented.
Can I operate my daycare from home while my license is suspended?
No. A suspension applies to all childcare you provide, whether in a center, a home, or any other setting. Operating any childcare while suspended is illegal, regardless of where it takes place or how you structure it.
How long does a suspension usually last?
That depends on whether you request a hearing and what the ALJ decides. If you do not request a hearing, the suspension is final and remains until DHS lifts it. If you request a hearing, the ALJ's decision usually comes within 60 days of your request. After that, DHS may lift the suspension, move toward revocation, or offer a corrective action plan.
Will a suspension show up on background checks?
Yes. A suspension is part of your licensing record and is public. It will appear in DHS's license lookup database and may appear on background checks run by employers, other licensing bodies, or families seeking childcare. A suspension can affect your ability to work in childcare in other states or settings.