HF 1459

as introduced - 90th Legislature (2017 - 2018) Posted on 03/09/2017 10:56am

A bill for an act
relating to human services; requiring oversight and training of family child care
licensors; requiring the commissioner to develop a training curriculum; amending
Minnesota Statutes 2016, section 245A.16, subdivision 6, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 245A.16, subdivision 6, is amended to read:

Subd. 6.

Certification by commissioner.

The commissioner shall ensure that rules are
uniformly enforced throughout the state by reviewing each county and private agency for
compliance with this section and other applicable laws and rules at least every four years new text begin ,
except that the commissioner shall review county agency compliance with applicable family
child care laws and rules and licensor training requirements once every two years new text end . County
agencies that comply with this section shall be certified by the commissioner. If a county
agency fails to be certified by the commissioner, the commissioner shall certify a reduction
of state administrative aids in an amount up to 20 percent of the county's state portion of
Vulnerable Children and Adults Act funding.

Sec. 2.

Minnesota Statutes 2016, section 245A.16, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Family child care licensing oversight. new text end

new text begin (a) The commissioner shall develop a
training curriculum for all county agency family child care licensors. The training curriculum
shall include, but is not limited to, the following topics:
new text end

new text begin (1) family child care licensing standards, including health and safety standards, as defined
in this chapter and Minnesota Rules, chapter 9502;
new text end

new text begin (2) family child care provider training requirements, including training requirements on
sudden unexpected infant death and abusive head trauma, as defined in section 245A.50;
new text end

new text begin (3) licensing functions, as defined in Minnesota Rules, part 9543.0030;
new text end

new text begin (4) license application procedures, as defined in Minnesota Rules, part 9543.0040;
new text end

new text begin (5) variance request procedures, as defined in Minnesota Rules, part 9543.0050;
new text end

new text begin (6) investigations of licensed and unlicensed programs, as defined in Minnesota Rules,
parts 9543.0070 and 9543.0080;
new text end

new text begin (7) correction orders and conditional licenses, as defined in Minnesota Rules, part
9543.0090;
new text end

new text begin (8) negative licensing actions, as defined in Minnesota Rules, part 9543.0100;
new text end

new text begin (9) enforcing orders, contested case proceedings, and informal dispositions, as defined
in Minnesota Rules, parts 9543.0110 and 9543.0120;
new text end

new text begin (10) administrative requirements, including maintaining records, as defined in Minnesota
Rules, part 9543.0130; and
new text end

new text begin (11) legislative changes to family child care licensing standards.
new text end

new text begin (b) County agency licensors shall complete the training curriculum in paragraph (a),
clauses (1) to (9), before conducting licensing inspections or investigations and once every
three years thereafter. This training must be provided by a county licensing supervisor or
by another licensor who has completed the training curriculum. Training required in
paragraph (a), clause (10), must be completed annually and the training required in paragraph
(a), clause (11), must be completed in a year in which there is legislative change to family
child care licensing standards.
new text end

new text begin (c) Any county agency licensor conducting licensing inspections or investigations before
the effective date of the training requirements in this subdivision shall complete the training
curriculum within one year of the training being made available by the commissioner.
new text end

new text begin (d) County agencies shall document and maintain a record of completed training that is
required in this section for each county licensor. County licensors must complete at least
six hours of annual training provided by the commissioner. The training curriculum in this
subdivision meets the ongoing training requirements set forth in Minnesota Rules, part
9543.0130.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end