HF 2003

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/11/2021 08:55am

A bill for an act
relating to human services; implementing certain recommendations from the Family
Child Care Task Force; directing the commissioner of human services to include
representatives of family child care providers in groups developing plans that
implement recommendations from the Family Child Care Task Force; requiring
counties to forward communications from the department regarding family child
care matters to family child care providers; establishing the family child care
regulation modernization project; establishing exemption from personal liability
for municipality officers or employees; removing exception for counties to be
liable for claims at family day care where county had actual knowledge of risk
that led to claims; directing the commissioner of human services to develop a
one-stop assistance network for family child care providers; appropriating funds
for child care provider grants; appropriating funds for a child care business training
program grant; appropriating funds for a grant to Minnesota Initiative Foundations
to develop action plan for economic development of child care in rural communities;
clarifying the meaning of special family day care home; establishing licensing
provisions for alternative day care programs; permitting certain providers to operate
up to four licensed programs in the same building; requiring a validation study of
the Parent Aware program; adding a supervised adult to the definition of helper
for family child care programs; permitting family child care training instructors
to count two instruction hours for annual training hour requirements; establishing
the Family Child Care Training Advisory Committee; creating the Office of
Ombudsperson for Child Care Providers; directing the commissioner of human
services to modify the ask DHS website function for family child care providers;
providing appointments; requiring reports; appropriating money; amending
Minnesota Statutes 2020, sections 245A.14, subdivision 4; 245A.16, subdivision
1; 245A.50, subdivisions 1a, 7; 466.03, subdivision 6d; proposing coding for new
law in Minnesota Statutes, chapters 119B; 245A.

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

ARTICLE 1

FAMILY CHILD CARE TASK FORCE RECOMMENDATIONS; MISCELLANEOUS

Section 1.

Minnesota Statutes 2020, section 245A.16, subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 245A.04 and background studies for family child care
under chapter 245C; to recommend denial of applicants under section 245A.05; to issue
correction orders, to issue variances, and recommend a conditional license under section
245A.06; or to recommend suspending or revoking a license or issuing a fine under section
245A.07, shall comply with rules and directives of the commissioner governing those
functions and with this section. The following variances are excluded from the delegation
of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child and
adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that, before the implementation
of NETStudy 2.0, county agencies may issue variances under section 245C.30 regarding
disqualified individuals when the county is responsible for conducting a consolidated
reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and
(b), of a county maltreatment determination and a disqualification based on serious or
recurring maltreatment;

(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;

(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; and

(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care.

Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must
not grant a license holder a variance to exceed the maximum allowable family child care
license capacity of 14 children.

(b) A county agency that has been designated by the commissioner to issue family child
care variances must:

(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and

(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.

(c) Before the implementation of NETStudy 2.0, county agencies must report information
about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision
2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the
commissioner at least monthly in a format prescribed by the commissioner.

(d) For family child care programs, the commissioner shall require a county agency to
conduct one unannounced licensing review at least annually.

(e) For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.

(f) A license issued under this section may be issued for up to two years.

(g) During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.

(h) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county and
private agencies.

(i) A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.

new text begin (j) A county agency shall forward to all family child care providers in the county any
communication, including any communication containing information specifically about
the county, from the Department of Human Services regarding family child care.
new text end

Sec. 2. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; FAMILY
CHILD CARE TASK FORCE RECOMMENDATIONS IMPLEMENTATION PLAN.
new text end

new text begin The commissioner of human services shall include individuals representing family child
care providers in any group that develops a plan for implementing the recommendations of
the Family Child Care Task Force.
new text end

ARTICLE 2

FAMILY CHILD CARE TASK FORCE RECOMMENDATIONS; DUTY 2

Section 1. new text begin FAMILY CHILD CARE REGULATION MODERNIZATION.
new text end

new text begin (a) The commissioner of human services shall contract with an experienced and
independent organization or individual consultant to conduct the work outlined in this
section. If practicable, the commissioner must contract with the National Association for
Regulatory Administration.
new text end

new text begin (b) The consultant must develop a proposal for a risk-based model for monitoring
compliance with family child care licensing standards, grounded in national regulatory best
practices. Violations in the new model must be weighted to reflect the potential risk they
pose to children's health and safety, and licensing sanctions must be tied to the potential
risk. The proposed new model must protect the health and safety of children in family child
care programs and be child-centered, family-friendly, and fair to providers.
new text end

new text begin (c) The consultant shall develop and implement a stakeholder engagement process that
solicits input from parents, licensed family child care providers, county licensors, staff of
the Department of Human Services, and experts in child development about appropriate
licensing standards, appropriate tiers for violations of the standards based on the potential
risk of harm that each violation poses, and appropriate licensing sanctions for each tier.
new text end

new text begin (d) The consultant shall solicit input from parents, licensed family child care providers,
county licensors, and staff of the Department of Human Services about which family child
care providers should be eligible for abbreviated inspections that predict compliance with
other licensing standards for licensed family child care providers using key indicators
previously identified by an empirically based statistical methodology developed by the
National Association for Regulatory Administration and the Research Institute for Key
Indicators.
new text end

new text begin (e) No later than February 1, 2024, the commissioner shall submit a report and proposed
legislation required to implement the new licensing model to the chairs and ranking minority
members of the legislative committees with jurisdiction over child care regulation.
new text end

Sec. 2. new text begin APPROPRIATION; FAMILY CHILD CARE REGULATION
MODERNIZATION.
new text end

new text begin $1,500,000 in fiscal year 2022 is appropriated from the general fund to the commissioner
of human services for the family child care regulation modernization project under section
1. This is a onetime appropriation and remains available until June 30, 2024.
new text end

ARTICLE 3

FAMILY CHILD CARE TASK FORCE RECOMMENDATIONS; DUTY 3

Section 1.

Minnesota Statutes 2020, section 466.03, subdivision 6d, is amended to read:

Subd. 6d.

Licensing of providers.

A claim against a municipality based on the failure
of a provider to meet the standards needed for a license to operate a day care facility under
chapter 245A for children deleted text begin , unless the municipality had actual knowledge of a failure to meet
licensing standards that resulted in a dangerous condition that foreseeably threatened the
plaintiff deleted text end . A municipality shall be immune from liability for a claim arising out of a provider's
use of a swimming pool located at a family day care or group family day care home under
section 245A.14, subdivision deleted text begin 10 deleted text end deleted text begin , unless the municipality had actual knowledge of a provider's
failure to meet the licensing standards under section 245A.14, subdivision 10, paragraph
(a), clauses (1) to (3), that resulted in a dangerous condition that foreseeably threatened the
plaintiff deleted text end new text begin 11 new text end . new text begin An officer or employee of a municipality shall be immune from liability for a
claim based on the failure of a provider to meet the necessary standards for a license to
operate a day care facility for children under chapter 245A, unless the officer or employee
is found guilty of malfeasance in office, willful neglect of duty, or bad faith.
new text end

ARTICLE 4

FAMILY CHILD CARE TASK FORCE RECOMMENDATIONS; DUTY 4

Section 1. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; FAMILY
CHILD CARE ONE-STOP ASSISTANCE NETWORK.
new text end

new text begin By January 1, 2022, the commissioner of human services shall, in consultation with
county agencies, providers, and other relevant stakeholders, develop a proposal to create,
advertise, and implement a one-stop regional assistance network comprised of individuals
who have experience starting a licensed family or group family day care or technical expertise
regarding the applicable licensing statutes and procedures, in order to assist individuals with
matters relating to starting or sustaining a licensed family or group family day care program.
The proposal shall include an estimated timeline for implementation of the assistance
network, an estimated budget of the cost of the assistance network, and any necessary
legislative proposals to implement the assistance network. The proposal shall also include
a plan to raise awareness and distribute contact information for the assistance network to
all licensed family or group family day care providers.
new text end

Sec. 2. new text begin APPROPRIATION; CHILD CARE PROVIDER GRANTS.
new text end

new text begin (a) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of employment and economic development for grants to local communities to increase the
supply of quality child care providers to support economic development. At least 60 percent
of grant funds must go to communities located outside of the seven-county metropolitan
area as defined under Minnesota Statutes, section 473.121, subdivision 2. Grant recipients
must obtain a 50 percent nonstate match to grant funds in either cash or in-kind contributions.
Grant funds available under this section must be used to implement projects to reduce the
child care shortage in the state, including but not limited to funding for child care business
start-ups or expansion, training, facility modifications or improvements required for licensing,
and assistance with licensing and other regulatory requirements. In awarding grants, the
commissioner must give priority to communities that have demonstrated a shortage of child
care providers in the area. This is a onetime appropriation.
new text end

new text begin (b) Within one year of receiving grant funds, grant recipients must report to the
commissioner on the outcomes of the grant program, including but not limited to the number
of new providers, the number of additional child care provider jobs created, the number of
additional child care slots, and the amount of cash and in-kind local funds invested.
new text end

Sec. 3. new text begin APPROPRIATION; CHILD CARE BUSINESS TRAINING PROGRAM.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the commissioner of
employment and economic development for a grant, through a competitive bidding process,
to a nonprofit organization with expertise in small business advising to operate a business
training program for child care providers and to create materials that could be used, free of
charge, for start-up, expansion, and operation of child care businesses statewide, with the
goal of helping new and existing child care businesses in underserved areas of the state
become profitable and sustainable. The commissioner shall report data on outcomes and
recommendations for replication of this training program throughout Minnesota to the
governor and the committees of the house of representatives and the senate with jurisdiction
over child care by December 15, 2023. This is a onetime appropriation and is available until
June 30, 2023.
new text end

Sec. 4. new text begin APPROPRIATION; MINNESOTA INITIATIVE FOUNDATIONS.
new text end

new text begin (a) $....... in fiscal year 2022 is appropriated from the general fund to the commissioner
of employment and economic development for a grant to the Minnesota Initiative
Foundations. This is a onetime appropriation and is available until June 30, 2025.
new text end

new text begin (b) The Minnesota Initiative Foundations must use grant funds under this section to:
new text end

new text begin (1) facilitate planning processes for rural communities resulting in a community solution
action plan that guides decision making to sustain and increase the supply of quality child
care in the region to support economic development;
new text end

new text begin (2) engage the private sector to invest local resources to support the community solution
action plan and ensure quality child care is a vital component of additional regional economic
development planning processes;
new text end

new text begin (3) provide locally based training and technical assistance to rural child care business
owners individually or through a learning cohort. Access to financial and business
development assistance must prepare child care businesses for quality engagement and
improvement by stabilizing operations, leveraging funding from other sources, and fostering
business acumen that allows child care businesses to plan for and afford the cost of providing
quality child care; or
new text end

new text begin (4) recruit child care programs to participate in Parent Aware, Minnesota's quality and
improvement rating system, by providing targeted resources designed to encourage high
levels of participation in Parent Aware. The Minnesota Initiative Foundations must work
with local partners to provide low-cost training, professional development opportunities,
and continuing education curricula. The Minnesota Initiative Foundations must fund, through
local partners, an enhanced level of coaching to rural child care providers to obtain a quality
rating through Parent Aware.
new text end

ARTICLE 5

FAMILY CHILD CARE TASK FORCE RECOMMENDATIONS; DUTY 5

Section 1.

Minnesota Statutes 2020, section 245A.14, subdivision 4, is amended to read:

Subd. 4.

Special family day care homes.

new text begin (a) new text end Nonresidential child care programs serving
14 or fewer children that are conducted at a location other than the license holder's own
residence shall be licensed under this section and the rules governing family day care or
group family day care if deleted text begin :
deleted text end

deleted text begin (a) deleted text end the license holder is the primary provider of care and the nonresidential child care
program is conducted in a dwelling new text begin other than the license holder's own residence new text end that is
located on a residential lot deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (b) the license holder is an employer who may or may not be the primary provider of
care, and the purpose for the child care program is to provide child care services to children
of the license holder's employees;
deleted text end

deleted text begin (c) the license holder is a church or religious organization;
deleted text end

deleted text begin (d) the license holder is a community collaborative child care provider. For purposes of
this subdivision, a community collaborative child care provider is a provider participating
in a cooperative agreement with a community action agency as defined in section 256E.31;
deleted text end

deleted text begin (e) the license holder is a not-for-profit agency that provides child care in a dwelling
located on a residential lot and the license holder maintains two or more contracts with
community employers or other community organizations to provide child care services.
The county licensing agency may grant a capacity variance to a license holder licensed
under this paragraph to exceed the licensed capacity of 14 children by no more than five
children during transition periods related to the work schedules of parents, if the license
holder meets the following requirements:
deleted text end

deleted text begin (1) the program does not exceed a capacity of 14 children more than a cumulative total
of four hours per day;
deleted text end

deleted text begin (2) the program meets a one to seven staff-to-child ratio during the variance period;
deleted text end

deleted text begin (3) all employees receive at least an extra four hours of training per year than required
in the rules governing family child care each year;
deleted text end

deleted text begin (4) the facility has square footage required per child under Minnesota Rules, part
9502.0425;
deleted text end

deleted text begin (5) the program is in compliance with local zoning regulations;
deleted text end

deleted text begin (6) the program is in compliance with the applicable fire code as follows:
deleted text end

deleted text begin (i) if the program serves more than five children older than 2-1/2 years of age, but no
more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2015,
Section 202; or
deleted text end

deleted text begin (ii) if the program serves more than five children 2-1/2 years of age or less, the applicable
fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code 2015,
Section 202, unless the rooms in which the children are cared for are located on a level of
exit discharge and each of these child care rooms has an exit door directly to the exterior,
then the applicable fire code is Group E occupancies, as provided in the Minnesota State
Fire Code 2015, Section 202; and
deleted text end

deleted text begin (7) any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license; or
deleted text end

deleted text begin (f) the license holder is the primary provider of care and has located the licensed child
care program in a commercial space, if the license holder meets the following requirements:
deleted text end

deleted text begin (1) the program is in compliance with local zoning regulations;
deleted text end

deleted text begin (2) the program is in compliance with the applicable fire code as follows:
deleted text end

deleted text begin (i) if the program serves more than five children older than 2-1/2 years of age, but no
more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2015,
Section 202; or
deleted text end

deleted text begin (ii) if the program serves more than five children 2-1/2 years of age or less, the applicable
fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire Code 2015,
Section 202;
deleted text end

deleted text begin (3) any age and capacity limitations required by the fire code inspection and square
footage determinations are printed on the license; and
deleted text end

deleted text begin (4) the license holder prominently displays the license issued by the commissioner which
contains the statement "This special family child care provider is not licensed as a child
care center."
deleted text end

deleted text begin (g) The commissioner may approve two or more licenses under paragraphs (a) to (f) to
be issued at the same location or under one contiguous roof, if each license holder is able
to demonstrate compliance with all applicable rules and laws. Each license holder must
operate the license holder's respective licensed program as a distinct program and within
the capacity, age, and ratio distributions of each license.
deleted text end

deleted text begin (h) deleted text end new text begin (b) new text end The commissioner may grant variances to this section to allow a primary provider
of care deleted text begin , a not-for-profit organization, a church or religious organization, an employer, or a
community collaborative deleted text end to be licensed to provide child care under deleted text begin paragraphs (e) and (f) deleted text end
new text begin section 245A.141, subdivision 1, paragraph (a), clauses (4) and (5), new text end if the license holder
meets the other requirements of the statute.

Sec. 2.

new text begin [245A.141] ALTERNATIVE DAY CARE PROGRAM LICENSING.
new text end

new text begin Subdivision 1. new text end

new text begin Alternative day care programs. new text end

new text begin (a) The following child care programs
serving 14 or fewer children that are conducted at a location other than the license holder's
own residence shall be licensed under this section:
new text end

new text begin (1) the license holder is an employer who may or may not be the primary provider of
care, and the purpose for the child care program is to provide child care services to children
of the license holder's employees;
new text end

new text begin (2) the license holder is a church or religious organization;
new text end

new text begin (3) the license holder is a community collaborative child care provider. For purposes of
this subdivision, a community collaborative child care provider is a provider participating
in a cooperative agreement with a community action agency as defined in section 256E.31;
new text end

new text begin (4) the license holder is a not-for-profit agency that provides child care in a dwelling
located on a residential lot and the license holder maintains two or more contracts with
community employers or other community organizations to provide child care services.
The county licensing agency may grant a capacity variance to a license holder licensed
under this paragraph to exceed the licensed capacity of 14 children by no more than five
children during transition periods related to the work schedules of parents, if the license
holder meets the following requirements:
new text end

new text begin (i) the program does not exceed a capacity of 14 children more than a cumulative total
of four hours per day;
new text end

new text begin (ii) the program meets a one-to-seven staff-to-child ratio during the variance period;
new text end

new text begin (iii) all employees receive at least an extra four hours of training per year than are required
in the rules governing family child care each year;
new text end

new text begin (iv) the facility has square footage required per child under Minnesota Rules, part
9502.0425;
new text end

new text begin (v) the program is in compliance with local zoning regulations;
new text end

new text begin (vi) the program is in compliance with the applicable fire code as follows:
new text end

new text begin (A) if the program serves more than five children older than 2-1/2 years of age, but no
more than five children 2-1/2 years of age or younger, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2015,
Section 202; or
new text end

new text begin (B) if the program serves more than five children 2-1/2 years of age or younger, the
applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code
2015, Section 202, unless the rooms in which the children are cared for are located on a
level of exit discharge and each of these child care rooms has an exit door directly to the
exterior, then the applicable fire code is Group E Occupancies, as provided in the Minnesota
State Fire Code 2015, Section 202; and
new text end

new text begin (vii) any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license; or
new text end

new text begin (5) the license holder is the primary provider of care and has located the licensed child
care program in a commercial space, if the license holder meets the following requirements:
new text end

new text begin (i) the program is in compliance with local zoning regulations;
new text end

new text begin (ii) the program is in compliance with the applicable fire code as follows:
new text end

new text begin (A) if the program serves more than five children older than 2-1/2 years of age, but no
more than five children 2-1/2 years of age or younger, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2015,
Section 202; or
new text end

new text begin (B) if the program serves more than five children 2-1/2 years of age or younger, the
applicable fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire
Code 2015, Section 202;
new text end

new text begin (iii) any age and capacity limitations required by the fire code inspection and square
footage determinations are printed on the license; and
new text end

new text begin (iv) the license holder prominently displays the license issued by the commissioner that
contains the statement "This special family child care provider is not licensed as a child
care center."
new text end

new text begin (b) Programs licensed under this section shall be subject to the rules governing family
day care or group family day care.
new text end

new text begin (c) Programs licensed under this section shall be monitored by county licensing agencies
under section 245A.16.
new text end

new text begin Subd. 2. new text end

new text begin Multiple license approval. new text end

new text begin The commissioner may approve up to four licenses
under subdivision 1, paragraph (a), clause (1) or (2), to be issued at the same location or
under one contiguous roof, if each license holder is able to demonstrate compliance with
all applicable rules and laws. Each license holder must operate the license holder's respective
licensed program as a distinct program and within the capacity, age, and ratio distributions
of each license.
new text end

new text begin Subd. 3. new text end

new text begin Variances. new text end

new text begin The commissioner may grant variances to this section to allow a
primary provider of care, a not-for-profit organization, a church or religious organization,
an employer, or a community collaborative to be licensed to provide child care under
subdivision 1, paragraph (a), clauses (4) and (5), if the license holder meets the other
requirements of the statute.
new text end

ARTICLE 6

FAMILY CHILD CARE TASK FORCE RECOMMENDATIONS; DUTY 6

Section 1. new text begin APPROPRIATION; PARENT AWARE VALIDATION STUDY.
new text end

new text begin (a) $....... is appropriated in fiscal year 2022 from the general fund to the commissioner
of human services to conduct a validation study of the Parent Aware program to evaluate
whether the program's standards, indicators, and other measures are effectively measuring
program quality and educational outcomes. This is a onetime appropriation.
new text end

new text begin (b) The commissioner shall complete the validation study and report on its results to the
chairs and ranking minority members of the legislative committees with jurisdiction over
child care by February 1, 2022. The commissioner shall not update current Parent Aware
standards and indicators until the validation study is complete.
new text end

ARTICLE 7

FAMILY CHILD CARE TASK FORCE RECOMMENDATIONS; DUTY 7

Section 1.

Minnesota Statutes 2020, section 245A.50, subdivision 1a, is amended to read:

Subd. 1a.

Definitions and general provisions.

For the purposes of this section, the
following terms have the meanings given:

(1) "second adult caregiver" means an adult who cares for children in the licensed
program along with the license holder for a cumulative total of more than 500 hours annually;

(2) "helper" means a minor, ages 13 to 17, who assists in caring for children new text begin , or an adult
who cares for children exclusively under the direct supervision of the license holder new text end ; and

(3) "substitute" means an adult who assumes responsibility for a license holder for a
cumulative total of not more than 500 hours annually.

An adult who cares for children in the licensed program along with the license holder for
a cumulative total of not more than 500 hours annually has the same training requirements
as a substitute.

Sec. 2.

Minnesota Statutes 2020, section 245A.50, subdivision 7, is amended to read:

Subd. 7.

Training requirements for family and group family child care.

new text begin (a) new text end For
purposes of family and group family child care, the license holder and each second adult
caregiver must complete 16 hours of ongoing training each year. Repeat of topical training
requirements in subdivisions 2 to 8 shall count toward the annual 16-hour training
requirement. Additional ongoing training subjects to meet the annual 16-hour training
requirement must be selected from the following areas:

(1) child development and learning training in understanding how a child develops
physically, cognitively, emotionally, and socially, and how a child learns as part of the
child's family, culture, and community;

(2) developmentally appropriate learning experiences, including training in creating
positive learning experiences, promoting cognitive development, promoting social and
emotional development, promoting physical development, promoting creative development;
and behavior guidance;

(3) relationships with families, including training in building a positive, respectful
relationship with the child's family;

(4) assessment, evaluation, and individualization, including training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality;

(5) historical and contemporary development of early childhood education, including
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs;

(6) professionalism, including training in knowledge, skills, and abilities that promote
ongoing professional development; and

(7) health, safety, and nutrition, including training in establishing healthy practices;
ensuring safety; and providing healthy nutrition.

new text begin (b) A provider who is approved as a trainer through the Develop data system may count
up to two hours of training instruction toward the annual 16-hour training requirement in
paragraph (a). The provider may only count training instruction hours for the first instance
in which they deliver a particular content-specific training during each licensing year. Hours
counted as training instruction must be approved through the Develop data system with
attendance verified on the trainer's individual learning record and must be in Knowledge
and Competency Framework content area VII A (Establishing Healthy Practices) or B
(Ensuring Safety).
new text end

Sec. 3. new text begin FAMILY CHILD CARE TRAINING ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Formation; duties. new text end

new text begin (a) The Family Child Care Training Advisory
Committee shall advise the commissioner of human services on the training requirements
for licensed family and group family child care providers. Beginning January 1, 2022, the
advisory committee shall meet at least twice per year. The advisory committee shall annually
elect a chair from among its members who shall establish the agenda for each meeting. The
commissioner or commissioner's designee shall attend all advisory committee meetings.
new text end

new text begin (b) The Family Child Care Training Advisory Committee shall advise and make
recommendations to the commissioner of human services on:
new text end

new text begin (1) updates to the rules and statutes governing family child care training, including
technical updates to facilitate providers' understanding of training requirements;
new text end

new text begin (2) modernization of family child care training requirements, including substantive
changes to the training subject areas;
new text end

new text begin (3) difficulties facing family child care providers in completing training requirements,
including proposed solutions to provider difficulties; and
new text end

new text begin (4) any other aspect of family child care training, as requested by:
new text end

new text begin (i) a committee member, who may request an item to be placed on the agenda for a future
meeting. The request may be considered by the committee and voted upon. If the motion
carries, the meeting agenda item may be developed for presentation to the committee;
new text end

new text begin (ii) a member of the public, who may approach the committee by letter or e-mail
requesting that an item be placed on a future meeting agenda. The request may be considered
by the committee and voted upon. If the motion carries, the agenda item may be developed
for presentation to the committee; or
new text end

new text begin (iii) the commissioner of human services or the commissioner's designee.
new text end

new text begin (c) The Family Child Care Training Advisory Committee shall expire December 1, 2025.
new text end

new text begin Subd. 2. new text end

new text begin Advisory committee members. new text end

new text begin (a) The Family Child Care Training Advisory
Committee consists of:
new text end

new text begin (1) four members who are family child care providers from greater Minnesota, including
one member appointed by the speaker of the house, one member appointed by the senate
majority leader, one member appointed by the Minnesota Association of Child Care
Professionals, and one member appointed by the Minnesota Child Care Provider Network;
new text end

new text begin (2) four members who are family child care providers from the metropolitan area as
defined in Minnesota Statutes, section 473.121, subdivision 2, including one member
appointed by the speaker of the house, one member appointed by the senate majority leader,
one member appointed by the Minnesota Association of Child Care Professionals, and one
member appointed by the Minnesota Child Care Provider Network; and
new text end

new text begin (3) up to seven members who have expertise in child development, instructional design,
or training delivery, including up to two members appointed by the speaker of the house,
up to two members appointed by the senate majority leader, one member appointed by the
Minnesota Association of Child Care Professionals, one member appointed by the Minnesota
Child Care Provider Network, and one member appointed by the Greater Minnesota
Partnership.
new text end

new text begin (b) Advisory committee members shall not be employed by the Department of Human
Services. Advisory committee members shall receive no compensation.
new text end

new text begin (c) Advisory committee members must include representatives of diverse cultural
communities.
new text end

new text begin (d) Advisory committee members shall serve two-year terms. Initial appointments to
the advisory committee must be made by December 1, 2021. Subsequent appointments to
the advisory committee must be made by December 1 of the year in which the member's
term expires.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner report. new text end

new text begin The commissioner of human services shall report to
the chairs and ranking minority members of the legislative committees with jurisdiction
over child care on any recommendations from the Family Child Care Training Advisory
Committee.
new text end

ARTICLE 8

FAMILY CHILD CARE TASK FORCE RECOMMENDATIONS; DUTY 8

Section 1.

new text begin [119B.27] OMBUDSPERSON FOR CHILD CARE PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin The governor shall appoint an ombudsperson in the
classified service to assist child care providers, including family child care providers and
legal nonlicensed child care providers, with licensing, compliance, and other issues facing
child care providers. The ombudsperson must be selected without regard to the person's
political affiliation. The ombudsperson shall serve a term of two years and may be removed
prior to the end of the term for just cause.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The ombudsperson's duties shall include:
new text end

new text begin (1) addressing all areas of concern to child care providers related to the provision of
child care services, including licensing, correction orders, penalty assessments, complaint
investigations, and other interactions with agency staff;
new text end

new text begin (2) providing recommendations for child care improvement or child care provider
education;
new text end

new text begin (3) operating a telephone line to answer questions and provide guidance to child care
providers; and
new text end

new text begin (4) assisting child care license applicants.
new text end

new text begin (b) The ombudsperson must report annually by December 31 to the commissioner and
the chairs and ranking minority members of the legislative committees with jurisdiction
over child care on the services provided by the ombudsperson to child care providers,
including the number, types, and locations of child care providers served, and the activities
of the ombudsperson to carry out the duties under this section. The commissioner shall
determine the form of the report and may specify additional reporting requirements.
new text end

new text begin Subd. 3. new text end

new text begin Staff. new text end

new text begin The ombudsperson may appoint and compensate out of available funds
a deputy, confidential secretary, and other employees in the unclassified service as authorized
by law. The ombudsperson and the full-time staff are members of the Minnesota State
Retirement Association. The ombudsperson may delegate to members of the staff any
authority or duties of the office except the duty to formally make recommendations to a
child care provider or reports to the commissioner or the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Access to records. new text end

new text begin (a) The ombudsperson or designee, excluding volunteers,
has access to data of a state agency necessary for the discharge of the ombudsperson's duties,
including records classified as confidential data on individuals or private data on individuals
under chapter 13 or any other law. The ombudsperson's data request must relate to a specific
case and is subject to section 13.03, subdivision 4. If the data concerns an individual, the
ombudsperson or designee shall first obtain the individual's consent. If the individual cannot
consent and has no legal guardian, then access to the data is authorized by this section.
new text end

new text begin (b) On a quarterly basis, each state agency responsible for licensing, regulating, and
enforcing state and federal laws and regulations concerning child care providers must provide
the ombudsperson with copies of all correction orders, penalty assessments, and complaint
investigation reports for all child care providers.
new text end

new text begin Subd. 5. new text end

new text begin Independence of action. new text end

new text begin In carrying out the duties under this section, the
ombudsperson may act independently of the department to provide testimony to the
legislature, make periodic reports to the legislature, and address areas of concern to child
care providers.
new text end

new text begin Subd. 6. new text end

new text begin Civil actions. new text end

new text begin The ombudsperson or designee is not civilly liable for any action
taken under this section if the action was taken in good faith, was within the scope of the
ombudsperson's authority, and did not constitute willful or reckless misconduct.
new text end

new text begin Subd. 7. new text end

new text begin Qualifications. new text end

new text begin The ombudsperson must be a person who has knowledge and
experience concerning the provision of child care. The ombudsperson must be experienced
in dealing with governmental entities, interpretation of laws and regulations, investigations,
record keeping, report writing, public speaking, and management. A person is not eligible
to serve as the ombudsperson while holding public office.
new text end

new text begin Subd. 8. new text end

new text begin Office support. new text end

new text begin The commissioner shall provide the ombudsperson with the
necessary office space, supplies, equipment, and clerical support to effectively perform the
duties under this section.
new text end

new text begin Subd. 9. new text end

new text begin Posting. new text end

new text begin (a) The commissioner shall post on the department's website the address
and telephone number for the office of the ombudsperson. The commissioner shall provide
all child care providers with the address and telephone number of the office. Counties must
provide child care providers with the name, address, and telephone number of the office.
new text end

new text begin (b) The ombudsperson must approve all posting and notice required by the department
and counties under this subdivision.
new text end

Sec. 2. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; ASK DHS
WEBSITE MODIFICATIONS.
new text end

new text begin By October 1, 2021, the commissioner of human services shall modify the "Ask DHS"
function on its website available to family child care providers to permit providers to submit
the form anonymously and without identifying the provider's licensor. The commissioner
shall not require identification of the provider or the provider's licensor in order to submit
the form.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the general
fund to the commissioner of human services for the ombudsperson for child care providers
under Minnesota Statutes, section 119B.27.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end