HF 2330

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/01/2023 10:10am

A bill for an act
relating to human services; modifying provisions dealing with child care safety
and correction orders, human services licensing qualifications, infant safety, and
foster care and child care training; amending Minnesota Statutes 2022, sections
245A.04, subdivision 4; 245A.05; 245A.07, subdivisions 1, 3; 245A.11, by adding
a subdivision; 245A.14, subdivision 4; 245A.1435; 245A.146, subdivision 3;
245A.16, subdivisions 1, 9, by adding a subdivision; 245A.18, subdivision 2;
245A.22, by adding a subdivision; 245A.52, subdivisions 1, 2, 3, 5, by adding
subdivisions; 245A.66, by adding a subdivision; 245C.15, subdivision 4a; 245E.06,
subdivision 3; 245E.08; 245G.13, subdivision 2; 245H.03, by adding a subdivision;
245H.05; 245H.08, subdivisions 4, 5; 245H.13, subdivisions 3, 7; proposing coding
for new law in Minnesota Statutes, chapters 119B; 245A; repealing Minnesota
Statutes 2022, sections 245A.144; 245A.175; Minnesota Rules, parts 2960.3070;
2960.3210; 9502.0425, subparts 5, 10.

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

Section 1.

new text begin [119B.162] RECONSIDERATION OF CORRECTION ORDERS.
new text end

new text begin (a) If a provider believes that the contents of the commissioner's correction order are in
error, the provider may ask the Department of Human Services to reconsider the parts of
the correction order that are alleged to be in error. The request for reconsideration must be
made in writing and must be postmarked and sent to the commissioner within 30 calendar
days from the date the correction order was mailed to the provider, and:
new text end

new text begin (1) specify the parts of the correction order that are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin (b) A request for reconsideration does not stay any provisions or requirements of the
correction order. The commissioner's disposition of a request for reconsideration is final
and not subject to appeal under chapter 14. The commissioner's decision is appealable by
petition for writ of certiorari under chapter 606.
new text end

Sec. 2.

Minnesota Statutes 2022, section 245A.04, subdivision 4, is amended to read:

Subd. 4.

Inspections; waiver.

(a) Before issuing a license under this chapter, the
commissioner shall conduct an inspection of the program. The inspection must include but
is not limited to:

(1) an inspection of the physical plant;

(2) an inspection of records and documents;

(3) observation of the program in operation; and

(4) an inspection for the health, safety, and fire standards in licensing requirements for
a child care license holder.

(b) The observation in paragraph (a), clause (3), is not required prior to issuing a license
under subdivision 7. If the commissioner issues a license under this chapter, these
requirements must be completed within one year after the issuance of the license.

(c) Before completing a licensing inspection in a family child care program or child care
center, the licensing agency must offer the license holder an exit interview to discuss
violations or potential violations of law or rule observed during the inspection and offer
technical assistance on how to comply with applicable laws and rules. The commissioner
shall not issue a correction order or negative licensing action for violations of law or rule
not discussed in an exit interview, unless a license holder chooses not to participate in an
exit interview or not to complete the exit interview. If the license holder is unable to complete
the exit interview, the licensing agency must offer an alternate time for the license holder
to complete the exit interview.

(d) If a family child care license holder disputes a county licensor's interpretation of a
licensing requirement during a licensing inspection or exit interview, the license holder
may, within five business days after the exit interview or licensing inspection, request
clarification from the commissioner, in writing, in a manner prescribed by the commissioner.
The license holder's request must describe the county licensor's interpretation of the licensing
requirement at issue, and explain why the license holder believes the county licensor's
interpretation is inaccurate. The commissioner and the county must include the license
holder in all correspondence regarding the disputed interpretation, and must provide an
opportunity for the license holder to contribute relevant information that may impact the
commissioner's decision. The county licensor must not issue a correction order related to
the disputed licensing requirement until the commissioner has provided clarification to the
license holder about the licensing requirement.

(e) The commissioner or the county shall inspect at least deleted text begin annually deleted text end new text begin once each calendar
year new text end a child care provider licensed under this chapter and Minnesota Rules, chapter 9502
or 9503, for compliance with applicable licensing standards.

(f) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports of all child care providers
licensed under this chapter and under Minnesota Rules, chapter 9502 or 9503, and the
number of deaths, serious injuries, and instances of substantiated child maltreatment that
occurred in licensed child care settings each year.

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2022, section 245A.05, is amended to read:

245A.05 DENIAL OF APPLICATION.

(a) The commissioner may deny a license if an applicant or controlling individual:

(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 245A.04, subdivision 1;

(2) fails to comply with applicable laws or rules;

(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;

(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;

(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;

(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;

(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);

(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
6;

(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 119B and
245C;

(10) is prohibited from holding a license according to section 245.095; or

(11) for a family foster setting, new text begin has or has an individual who is living in the household
where the licensed services are provided or is otherwise subject to a background study who new text end
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the deleted text begin individual's deleted text end new text begin applicant's new text end ability to safely provide care to
foster children.

(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail or personal service. The notice must state the reasons the
application was denied and must inform the applicant of the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may
appeal the denial by notifying the commissioner in writing by certified mail or personal
service. If mailed, the appeal must be postmarked and sent to the commissioner within 20
calendar days after the applicant received the notice of denial. If an appeal request is made
by personal service, it must be received by the commissioner within 20 calendar days after
the applicant received the notice of denial. Section 245A.08 applies to hearings held to
appeal the commissioner's denial of an application.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 245A.07, subdivision 1, is amended to read:

Subdivision 1.

Sanctions; appeals; license.

(a) In addition to making a license conditional
under section 245A.06, the commissioner may suspend or revoke the license, impose a fine,
or secure an injunction against the continuing operation of the program of a license holder
who new text begin :
new text end

new text begin (1) new text end does not comply with applicable law or rule deleted text begin , or who deleted text end new text begin ;
new text end

new text begin (2) new text end has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children new text begin ; or
new text end

new text begin (3) has an individual living in the household where the licensed services are provided
or is otherwise subject to a background study and the individual has nondisqualifying
background study information, as described in section 245C.05, subdivision 4, that reflects
on the license holder's ability to safely provide care to foster children new text end .

When applying sanctions authorized under this section, the commissioner shall consider
the nature, chronicity, or severity of the violation of law or rule and the effect of the violation
on the health, safety, or rights of persons served by the program.

(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. Unless otherwise specified
by the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply with
applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 245A.06, and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 245A.10. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.

(c) If a license holder is under investigation and the license issued under this chapter is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section, section 245A.06, or 245A.08.

(d) Failure to reapply or closure of a license issued under this chapter by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section or section 245A.06 at the conclusion
of the investigation.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2022, section 245A.07, subdivision 3, is amended to read:

Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may suspend
or revoke a license, or impose a fine if:

(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;

(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;

(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;

(4) a license holder is excluded from any program administered by the commissioner
under section 245.095; deleted text begin or
deleted text end

(5) revocation is required under section 245A.04, subdivision 7, paragraph (d) deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) suspension is necessary under subdivision 2a, paragraph (b), clause (2); or
new text end

new text begin (7) for a family foster setting, a license holder, or an individual living in the household
where the licensed services are provided or who is otherwise subject to a background study
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children.
new text end

A license holder who has had a license issued under this chapter suspended, revoked,
or has been ordered to pay a fine must be given notice of the action by certified mail or
personal service. If mailed, the notice must be mailed to the address shown on the application
or the last known address of the license holder. The notice must state in plain language the
reasons the license was suspended or revoked, or a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received the
order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a
timely appeal of an order suspending or revoking a license, the license holder may continue
to operate the program as provided in section 245A.04, subdivision 7, paragraphs (f) and
(g), until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail or personal service. If mailed,
the appeal must be postmarked and sent to the commissioner within ten calendar days after
the license holder receives notice that the fine has been ordered. If a request is made by
personal service, it must be received by the commissioner within ten calendar days after
the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services, in writing,
when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by the order
to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify
the license holder by certified mail or personal service that a second fine has been assessed.
The license holder may appeal the second fine as provided under this subdivision.

(4) Fines shall be assessed as follows:

(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);

(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;

(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;

(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including but not limited to the provision
of adequate staff-to-child or adult ratios, and failure to comply with background study
requirements under chapter 245C; and

(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).

For purposes of this section, "occurrence" means each violation identified in the
commissioner's fine order. Fines assessed against a license holder that holds a license to
provide home and community-based services, as identified in section 245D.03, subdivision
1, and a community residential setting or day services facility license under chapter 245D
where the services are provided, may be assessed against both licenses for the same
occurrence, but the combined amount of the fines shall not exceed the amount specified in
this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.

(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a), clause (7), is effective the day following final
enactment.
new text end

Sec. 6.

Minnesota Statutes 2022, section 245A.11, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin License holder qualifications for child foster care. new text end

new text begin (a) Child foster care
license holders must maintain the ability to care for a foster child and ensure a safe home
environment for children placed in their care. License holders must immediately notify the
licensing agency of:
new text end

new text begin (1) any changes to the license holder or household member's physical or behavioral
health that may affect the license holder's ability to care for a foster child or pose a risk to
a foster child's health; or
new text end

new text begin (2) changes related to the care of a child or vulnerable adult for whom the license holder
is a parent or legally responsible, including living out of the home for treatment for physical
or behavioral health, modified parenting time arrangements, legal custody, or placement in
foster care.
new text end

new text begin (b) The licensing agency may request a license holder or household member to undergo
an evaluation by a specialist in areas such as physical or behavioral health to evaluate the
license holder's ability to provide a safe environment for a foster child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 7.

Minnesota Statutes 2022, section 245A.14, subdivision 4, is amended to read:

Subd. 4.

Special family child 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 child care
or group family child care if:

deleted text begin (a) deleted text end new text begin (1) new text end the license holder is the primary provider of care and the nonresidential child
care program is conducted in a dwelling that is located on a residential lot;

deleted text begin (b) deleted text end new text begin (2) new text end 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 begin (c) deleted text end new text begin (3) new text end the license holder is a church or religious organization;

deleted text begin (d) deleted text end new text begin (4) new text end 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 begin (e) deleted text end new text begin (5) new text end 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 deleted text begin paragraph deleted text end new text begin clause new text end 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 begin (1) deleted text end new text begin (i) new text end the program does not exceed a capacity of 14 children more than a cumulative
total of four hours per day;

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

deleted text begin (3) deleted text end new text begin (iii) new text end 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 begin (4) deleted text end new text begin (iv) new text end the facility has square footage required per child under Minnesota Rules, part
9502.0425;

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

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

deleted text begin (i) deleted text end new text begin (A) new text end 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 deleted text begin 2015 deleted text end new text begin
2020 new text end , Section 202; or

deleted text begin (ii) deleted text end new text begin (B) new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 deleted text begin Occupancies deleted text end new text begin Occupancy new text end , as provided in the Minnesota
State Fire Code deleted text begin 2015 deleted text end new text begin 2020 new text end , Section 202, unless the rooms in which the children new text begin 2-1/2 years
of age or younger new text end 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 deleted text begin occupancies deleted text end new text begin Occupancy new text end , as provided in the Minnesota State Fire Code deleted text begin 2015 deleted text end new text begin 2020 new text end ,
Section 202; and

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

deleted text begin (f) deleted text end new text begin (6) new text end 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 begin (1) deleted text end new text begin (i) new text end the program is in compliance with local zoning regulations;

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

deleted text begin (i) deleted text end new text begin (A) new text end 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 deleted text begin 2015 deleted text end new text begin
2020 new text end , Section 202; or

deleted text begin (ii) deleted text end new text begin (B) new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 deleted text begin Occupancies deleted text end new text begin Occupancy new text end , as provided under the Minnesota
State Fire Code deleted text begin 2015 deleted text end new text begin 2020 new text end , Section 202 new text begin , unless the rooms in which the children 2-1/2 years
of age or younger 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 Occupancy, as provided in the Minnesota State Fire Code 2020, Section 202 new text end ;

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

deleted text begin (4) deleted text end new text begin (iv) new text end 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 begin (g) deleted text end new text begin (b) new text end Notwithstanding Minnesota Rules, part 9502.0335, subpart 12, the commissioner
may issue up to four licenses to an organization licensed under paragraph deleted text begin (b), (c), or (e) deleted text end new text begin (a),
clause (2), (3), or (5) new text end . Each license must have its own primary provider of care as required
under paragraph deleted text begin (i) deleted text end new text begin (d) new text end . Each license must operate as a distinct and separate program in
compliance with all applicable laws and regulations.

deleted text begin (h) deleted text end new text begin (c) new text end For licenses issued under paragraph deleted text begin (b), (c), (d), (e), or (f) deleted text end new text begin (a), clause (2), (3),
(4), (5), or (6) new text end , the commissioner may approve up to four licenses 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 licensed program must operate as a distinct program and
within the capacity, age, and ratio distributions of each license.

deleted text begin (i) deleted text end new text begin (d) new text end For a license issued under paragraph deleted text begin (b), (c), or (e) deleted text end new text begin (a), clause (2), (3), or (5) new text end , the
license holder must designate a person to be the primary provider of care at the licensed
location on a form and in a manner prescribed by the commissioner. The license holder
shall notify the commissioner in writing before there is a change of the person designated
to be the primary provider of care. The primary provider of care:

(1) must be the person who will be the provider of care at the program and present during
the hours of operation;

(2) must operate the program in compliance with applicable laws and regulations under
chapter 245A and Minnesota Rules, chapter 9502;

(3) is considered a child care background study subject as defined in section 245C.02,
subdivision 6a, and must comply with background study requirements in chapter 245C;

(4) must complete the training that is required of license holders in section 245A.50;
and

(5) is authorized to communicate with the county licensing agency and the department
on matters related to licensing.

deleted text begin (j) deleted text end new text begin (e) new text end For any license issued under this subdivision, the license holder must ensure that
any other caregiver, substitute, or helper who assists in the care of children meets the training
requirements in section 245A.50 and background study requirements under chapter 245C.

Sec. 8.

Minnesota Statutes 2022, section 245A.1435, is amended to read:

245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH
IN LICENSED PROGRAMS.

(a) When a license holder is placing an infant to sleep, the license holder must place the
infant on the infant's back, unless the license holder has documentation from the infant's
physician, advanced practice registered nurse, or physician assistant directing an alternative
sleeping position for the infant. The physician, advanced practice registered nurse, or
physician assistant directive must be on a form deleted text begin approved deleted text end new text begin developed new text end by the commissioner
and must remain on file at the licensed location. An infant who independently rolls onto its
stomach after being placed to sleep on its back may be allowed to remain sleeping on its
stomach if the infant is at least six months of age or the license holder has a signed statement
from the parent indicating that the infant regularly rolls over at home.

(b) The license holder must place the infant in a crib directly on a firm mattress with a
fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title
16, part 1511. new text begin The pacifier must be free from any sort of attachment. new text end The requirements of
this section apply to license holders serving infants younger than one year of age. Licensed
child care providers must meet the crib requirements under section 245A.146. A correction
order shall not be issued under this paragraph unless there is evidence that a violation
occurred when an infant was present in the license holder's care.

(c) If an infant falls asleep before being placed in a crib, the license holder must move
the infant to a crib as soon as practicable, and must keep the infant within sight of the license
holder until the infant is placed in a crib. When an infant falls asleep while being held, the
license holder must consider the supervision needs of other children in care when determining
how long to hold the infant before placing the infant in a crib to sleep. The sleeping infant
must not be in a position where the airway may be blocked or with anything covering the
infant's face.

new text begin (d) When a license holder places an infant under one year of age down to sleep, the
infant's clothing or sleepwear must not have weighted materials, a hood, or a bib.
new text end

new text begin (e) A license holder may place an infant under one year of age down to sleep wearing
a helmet if the license holder has signed documentation by a physician, advanced practice
registered nurse, physician assistant, licensed occupational therapist, or licensed physical
therapist on a form developed by the commissioner.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a deleted text begin one-piece sleeper equipped with an attached system that fastens
securely only across the upper torso, with no constriction of the hips or legs, to create a deleted text end
swaddle. new text begin A swaddle is defined as a one-piece sleepwear that wraps over the infant's arms,
fastens securely only across the infant's upper torso, and does not constrict the infant's hips
or legs. If a swaddle is used by a license holder, the license holder must ensure that it meets
the requirements of paragraph (d) and is not so tight that it restricts the infant's ability to
breathe or so loose that the fabric could cover the infant's nose and mouth. new text end Prior to any use
of swaddling for sleep by a provider licensed under this chapter, the license holder must
obtain informed written consent for the use of swaddling from the parent or guardian of the
infant on a form deleted text begin provided deleted text end new text begin developed new text end by the commissioner deleted text begin and prepared in partnership with
the Minnesota Sudden Infant Death Center deleted text end .

new text begin (g) A license holder may request a variance to this section to permit the use of a
cradleboard when requested by a parent or guardian for a cultural accommodation. A variance
for the use of a cradleboard may be issued only by the commissioner. The variance request
must be submitted on a form developed by the commissioner in partnership with Tribal
welfare agencies and the Department of Health.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 9.

Minnesota Statutes 2022, section 245A.146, subdivision 3, is amended to read:

Subd. 3.

License holder documentation of cribs.

(a) Annually, from the date printed
on the license, all license holders shall check all their cribs' brand names and model numbers
against the United States Consumer Product Safety Commission website listing of unsafe
cribs.

(b) The license holder shall maintain written documentation to be reviewed on site for
each crib showing that the review required in paragraph (a) has been completed, and which
of the following conditions applies:

(1) the crib was not identified as unsafe on the United States Consumer Product Safety
Commission website;

(2) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, but the license holder has taken the action directed by the United
States Consumer Product Safety Commission to make the crib safe; or

(3) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, and the license holder has removed the crib so that it is no longer
used by or accessible to children in care.

(c) Documentation of the review completed under this subdivision shall be maintained
by the license holder on site and made available to parents or guardians of children in care
and the commissioner.

(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider that
complies with this section may use a mesh-sided or fabric-sided play yard, pack and play,
or playpen or crib that has not been identified as unsafe on the United States Consumer
Product Safety Commission website for the care or sleeping of infants.

(e) On at least a monthly basis, the family child care license holder shall perform safety
inspections of every mesh-sided or fabric-sided play yard, pack and play, or playpen used
by or that is accessible to any child in care, and must document the following:

(1) there are no tears, holes, or loose or unraveling threads in mesh or fabric sides of
crib;

(2) the weave of the mesh on the crib is no larger than one-fourth of an inch;

(3) no mesh fabric is unsecure or unattached to top rail and floor plate of crib;

(4) no tears or holes to top rail of crib;

(5) the mattress floor board is not soft and does not exceed one inch thick;

(6) the mattress floor board has no rips or tears in covering;

(7) the mattress floor board in use is deleted text begin a waterproof deleted text end new text begin an new text end original mattress or replacement
mattress provided by the manufacturer of the crib;

(8) there are no protruding or loose rivets, metal nuts, or bolts on the crib;

(9) there are no knobs or wing nuts on outside crib legs;

(10) there are no missing, loose, or exposed staples; and

(11) the latches on top and side rails used to collapse crib are secure, they lock properly,
and are not loose.

new text begin (f) If a cradleboard is used in a licensed setting, the license holder must check the
cradleboard not less than monthly to ensure the cradleboard is structurally sound and there
are no loose or protruding parts. The license holder shall maintain written documentation
of this review.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 10.

Minnesota Statutes 2022, 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 new text begin foster
care new text end and adult foster care new text begin or a community residential setting new text end , and new text begin dual licensure of new text end 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 EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2022, section 245A.16, subdivision 9, is amended to read:

Subd. 9.

Licensed family foster settings.

(a) Before recommending to grant a license,
deny a license under section 245A.05, or revoke a license under section 245A.07 for
nondisqualifying background study information received under section 245C.05, subdivision
4, paragraph (a), clause (3), for a licensed family foster setting, a county agency or private
agency that has been designated or licensed by the commissioner must review the following new text begin
for the license holder, applicant, or an individual living in the household where the licensed
services are provided or who is otherwise subject to a background study new text end :

(1) the type of offenses;

(2) the number of offenses;

(3) the nature of the offenses;

(4) the age of the individual at the time of the offenses;

(5) the length of time that has elapsed since the last offense;

(6) the relationship of the offenses and the capacity to care for a child;

(7) evidence of rehabilitation;

(8) information or knowledge from community members regarding the individual's
capacity to provide foster care;

(9) any available information regarding child maltreatment reports or child in need of
protection or services petitions, or related cases, in which the individual has been involved
or implicated, and documentation that the individual has remedied issues or conditions
identified in child protection or court records that are relevant to safely caring for a child;

(10) a statement from the study subject;

(11) a statement from the license holder; and

(12) other aggravating and mitigating factors.

(b) For purposes of this section, "evidence of rehabilitation" includes but is not limited
to the following:

(1) maintaining a safe and stable residence;

(2) continuous, regular, or stable employment;

(3) successful participation in an education or job training program;

(4) positive involvement with the community or extended family;

(5) compliance with the terms and conditions of probation or parole following the
individual's most recent conviction;

(6) if the individual has had a substance use disorder, successful completion of a substance
use disorder assessment, substance use disorder treatment, and recommended continuing
care, if applicable, demonstrated abstinence from controlled substances, as defined in section
152.01, subdivision 4, or the establishment of a sober network;

(7) if the individual has had a mental illness or documented mental health issues,
demonstrated completion of a mental health evaluation, participation in therapy or other
recommended mental health treatment, or appropriate medication management, if applicable;

(8) if the individual's offense or conduct involved domestic violence, demonstrated
completion of a domestic violence or anger management program, and the absence of any
orders for protection or harassment restraining orders against the individual since the previous
offense or conduct;

(9) written letters of support from individuals of good repute, including but not limited
to employers, members of the clergy, probation or parole officers, volunteer supervisors,
or social services workers;

(10) demonstrated remorse for convictions or conduct, or demonstrated positive behavior
changes; and

(11) absence of convictions or arrests since the previous offense or conduct, including
any convictions that were expunged or pardoned.

(c) An applicant for a family foster setting license must sign all releases of information
requested by the county or private licensing agency.

(d) When licensing a relative for a family foster setting, the commissioner shall also
consider the importance of maintaining the child's relationship with relatives as an additional
significant factor in determining whether an application will be denied.

(e) When recommending that the commissioner deny or revoke a license, the county or
private licensing agency must send a summary of the review completed according to
paragraph (a), on a form developed by the commissioner, to the commissioner and include
any recommendation for licensing action.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2022, section 245A.16, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Electronic checklist use by family child care licensors. new text end

new text begin County staff who
perform family child care licensing functions must use the commissioner's electronic licensing
checklist in the manner prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 13.

Minnesota Statutes 2022, section 245A.18, subdivision 2, is amended to read:

Subd. 2.

Child passenger restraint systems; training requirement.

(a) Programs
licensed by the Department of Human Services under new text begin this chapter and new text end Minnesota Rules,
chapter 2960, that serve a child or children under eight years of age must document training
that fulfills the requirements in this subdivision. new text begin Sections 245A.60, subdivision 4, and
245A.61, subdivision 4, describe training requirements for family foster care and foster
residence settings.
new text end

(b) Before a license holder, staff person, or caregiver transports a child or children under
age eight in a motor vehicle, the person transporting the child must satisfactorily complete
training on the proper use and installation of child restraint systems in motor vehicles.
deleted text begin Training completed under this section may be used to meet initial or ongoing training under
Minnesota Rules, part 2960.3070, subparts 1 and 2.
deleted text end

(c) Training required under this section must be completed at orientation or initial training
and repeated at least once every five years. At a minimum, the training must address the
proper use of child restraint systems based on the child's size, weight, and age, and the
proper installation of a car seat or booster seat in the motor vehicle used by the license
holder to transport the child or children.

(d) Training under paragraph (c) must be provided by individuals who are certified and
approved by the deleted text begin Department of Public Safety, deleted text end Office of Traffic Safety new text begin within the Department
of Public Safety new text end . License holders may obtain a list of certified and approved trainers through
the Department of Public Safety website or by contacting the agency.

deleted text begin (e) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 14.

Minnesota Statutes 2022, section 245A.22, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Maltreatment of minors training requirements. new text end

new text begin The license holder must
train each mandatory reporter as described in section 260E.06, subdivision 1, on the
maltreatment of minors reporting requirements and definitions in chapter 260E before the
mandatory reporter has direct contact, as defined in section 245C.02, subdivision 11, with
a person served by the program. The license holder must train each mandatory reporter
annually thereafter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 15.

Minnesota Statutes 2022, section 245A.52, subdivision 1, is amended to read:

Subdivision 1.

Means of escape.

(a)(1) At least one emergency escape route separate
from the main exit from the space must be available in each room used for sleeping by
anyone receiving licensed care, and (2) a basement used for child care. One means of escape
must be a stairway or door leading to the floor of exit discharge. The other must be a door
or window leading directly outside. A window used as an emergency escape route must be
openable without special knowledge.

(b) In homes with construction that began before deleted text begin May 2, 2016 deleted text end new text begin March 31, 2020 new text end , the
interior of the window leading directly outside must have a net clear opening area of not
less than 4.5 square feet or 648 square inches and have minimum clear opening dimensions
of 20 inches wide and 20 inches high. new text begin The net clear opening dimensions shall be the result
of normal operation of the opening. new text end The opening must be no higher than 48 inches from the
floor. The height to the window may be measured from a platform if a platform is located
below the window.

(c) In homes with construction that began on or after deleted text begin May 2, 2016 deleted text end new text begin March 31, 2020 new text end , the
interior of the window leading directly outside must have minimum clear opening dimensions
of 20 inches wide and 24 inches high. The net clear opening dimensions shall be the result
of normal operation of the opening. The opening must be no higher than 44 inches from the
floor.

deleted text begin (d) deleted text end Additional requirements are dependent on the distance of the openings from the ground
outside the window: (1) windows or other openings with a sill height not more than 44
inches above or below the finished ground level adjacent to the opening (grade-floor
emergency escape and rescue openings) must have a minimum opening of five square feet;
and (2) non-grade-floor emergency escape and rescue openings must have a minimum
opening of 5.7 square feet.

Sec. 16.

Minnesota Statutes 2022, section 245A.52, subdivision 2, is amended to read:

Subd. 2.

Door to attached garage.

deleted text begin Notwithstanding Minnesota Rules, part 9502.0425,
subpart 5, day care residences with an attached garage are not required to have a self-closing
door to the residence. The door to the residence may be deleted text end new text begin If there is an opening between an
attached garage and a day care residence, there must be a door that is:
new text end

new text begin (1) a solid wood bonded-core door at least 1-3/8 inches thick;
new text end

new text begin (2) new text end a steel insulated door deleted text begin if the door is deleted text end at least 1-3/8 inches thick deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) a door with a fire protection rating of 20 minutes.
new text end

new text begin The separation wall on the garage side between the residence and garage must consist of
1/2 inch thick gypsum wallboard or its equivalent.
new text end

Sec. 17.

Minnesota Statutes 2022, section 245A.52, subdivision 3, is amended to read:

Subd. 3.

Heating and venting systems.

new text begin (a) new text end Notwithstanding Minnesota Rules, part
9502.0425, subpart 7, new text begin item C, new text end items that can be ignited and support combustion, including
but not limited to plastic, fabric, and wood products must not be located within new text begin :
new text end

new text begin (1) new text end 18 inches of a gas or fuel-oil heater or furnace deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) 36 inches of a solid-fuel-burning appliance.
new text end

new text begin (b) new text end If a license holder produces manufacturer instructions listing a smaller distance, then
the manufacturer instructions control the distance combustible items must be from gas,
fuel-oil, or solid-fuel burning heaters or furnaces.

Sec. 18.

Minnesota Statutes 2022, section 245A.52, subdivision 5, is amended to read:

Subd. 5.

Carbon monoxide and smoke alarms.

(a) All homes must have an approved
and operational carbon monoxide alarm installed within ten feet of each room used for
sleeping children in care.

(b) Smoke alarms that have been listed by the Underwriter Laboratory must be properly
installed and maintained deleted text begin on all levels including basements, but not including crawl spaces
and uninhabitable attics, and in hallways outside rooms used for sleeping children in care. deleted text end new text begin
in hallways outside of rooms used for sleeping children and on all levels, including basements
but not including crawl spaces and uninhabitable attics.
new text end

(c) In homes with construction that began on or after deleted text begin May 2, 2016 deleted text end new text begin March 31, 2020 new text end ,
smoke alarms must be installed and maintained in each room used for sleeping children in
care.

Sec. 19.

Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Stairways. new text end

new text begin All stairways must meet the following conditions.
new text end

new text begin (1) Stairways of four or more steps must have handrails on at least one side.
new text end

new text begin (2) Any open area between the handrail and stair tread must be enclosed with a protective
guardrail as specified in the State Building Code. At open risers, openings located more
than 30 inches (762 mm), as measured vertically, to the floor or grade below shall not permit
the passage of a sphere four inches (102 mm) in diameter.
new text end

new text begin (3) Gates or barriers must be used when children between the ages of six and 18 months
are in care.
new text end

new text begin (4) Stairways must be well lit, in good repair, and free of clutter and obstructions.
new text end

Sec. 20.

Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Fire code variances. new text end

new text begin When a variance is requested of the standards contained
in subdivision 1, 2, 3, 4, or 5, an applicant or provider must submit written approval from
the state fire marshal of the variance requested and the alternative measures identified to
ensure the safety of children in care.
new text end

Sec. 21.

new text begin [245A.60] FAMILY CHILD FOSTER CARE TRAINING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to programs licensed to provide foster
care for children in the license holder's residence. For the purposes of this section, "foster
parent" means a license holder under this chapter. For the purposes of this section, "caregiver"
means a person who provides services to a child according to the child's case plan in a setting
licensed under Minnesota Rules, parts 2960.3000 to 2960.3340.
new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin (a) Each foster parent applicant must complete a minimum of six
hours of orientation before the commissioner will license the applicant. An applicant's
orientation training hours do not count toward yearly training hours. The commissioner
may grant a variance to the applicant regarding the number of orientation hours that this
subdivision requires.
new text end

new text begin (b) The foster parent's orientation must include training about the following:
new text end

new text begin (1) emergency procedures, including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and the location of alarms and equipment;
new text end

new text begin (2) all relevant laws and rules, including this chapter; chapters 260, 260C, 260D, and
260E; Minnesota Rules, chapter 9560; and related legal issues and reporting requirements;
new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, cultural competence,
and information about discrimination and racial bias to ensure that caregivers are culturally
competent to care for foster children according to section 260C.212, subdivision 11;
new text end

new text begin (4) the foster parent's roles and responsibilities in developing and implementing the
child's case plan and involvement in court and administrative reviews of the child's placement;
new text end

new text begin (5) the licensing agency's requirements;
new text end

new text begin (6) one hour relating to reasonable and prudent parenting standards for the child's
participation in age-appropriate or developmentally appropriate extracurricular, social, or
cultural activities according to section 260C.212, subdivision 14;
new text end

new text begin (7) two hours relating to children's mental health issues according to subdivision 3;
new text end

new text begin (8) if subdivision 4 requires, the proper use and installation of child passenger restraint
systems in motor vehicles;
new text end

new text begin (9) if subdivision 5 requires, at least one hour about reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children;
and
new text end

new text begin (10) if subdivision 6 requires, operating medical equipment.
new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Each foster parent prior to licensure and each caregiver
prior to caring for a foster child must complete two hours of training that addresses the
causes, symptoms, and key warning signs of children's mental health disorders; cultural
considerations; and effective approaches to manage a child's behaviors. Each year, each
foster parent and caregiver must complete at least one hour of training about children's
mental health issues and treatment. A short-term substitute caregiver is exempt from this
subdivision. The commissioner of human services shall approve of a mental health training
curriculum that satisfies the requirements of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin (a) Each foster parent and caregiver must
satisfactorily complete training about the proper use and installation of child passenger
restraint systems in motor vehicles before transporting a child younger than eight years of
age in a motor vehicle.
new text end

new text begin (b) An individual who is certified and approved by the Office of Traffic Safety within
the Department of Public Safety must provide training about the proper use and installation
of child passenger restraint systems in motor vehicles to each foster parent and caregiver
who transports a child. At a minimum, the training must address the proper use of child
passenger restraint systems based on a child's size, weight, and age, and the proper installation
of a car seat or booster seat in the motor vehicle that will be transporting the child. A foster
parent or caregiver who transports a child must repeat the training in this subdivision at
least once every five years.
new text end

new text begin (c) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
to a child's relative who completes a child seat safety checkup. The Office of Traffic Safety
within the Department of Public Safety must approve of the child seat safety checkup trainer
and must provide one-on-one instruction to the child's relative applicant about placing a
child of a specific age in the exact child passenger restraint in the motor vehicle that will
be used to transport the child. Once the commissioner grants a variance to the child's relative,
the child's relative may transport a relative foster child younger than eight years of age, and
once the child's relative meets all other licensing requirements, the commissioner may
license the child's relative applicant. The child's relative must complete a child seat safety
checkup each time that the child requires a different sized car seat according to car seat and
vehicle manufacturer guidelines. A relative license holder must complete training that meets
the other requirements of this subdivision prior to placement of another foster child younger
than eight years of age in the relative license holder's home or prior to the renewal of the
relative license holder's child foster care license.
new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma. new text end

new text begin (a) Each foster parent and caregiver who cares for an infant or a child five
years of age or younger must satisfactorily complete at least one hour of training about
reducing the risk of sudden unexpected infant death pursuant to section 245A.1435 and
abusive head trauma from shaking infants and young children. Each foster parent and
caregiver must complete this training prior to caring for an infant or a child five years of
age or younger. The county or private licensing agency monitoring the foster care provider
under section 245A.16 must approve of the training about reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children.
new text end

new text begin (b) At a minimum, the training must address the risk factors related to sudden unexpected
infant death and abusive head trauma, means of reducing the risk of sudden unexpected
infant death and abusive head trauma, and license holder communication with parents
regarding reducing the risk of sudden unexpected infant death and abusive head trauma.
new text end

new text begin (c) For emergency relative placements under section 245A.035, this training must be
completed before a license is issued. Each foster parent and caregiver must complete the
training in this subdivision at least once every five years.
new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain the child's life or monitor the child's medical condition, each
foster parent and caregiver must satisfactorily complete training to operate the child's
equipment with a health care professional or an individual who provides training on the
child's equipment.
new text end

new text begin (b) A foster parent or caregiver is exempt from this subdivision if:
new text end

new text begin (1) the foster parent or caregiver is currently caring for an individual who is using the
same equipment in the foster home; or
new text end

new text begin (2) the foster parent or caregiver has written documentation that the foster parent or
caregiver has cared for an individual who relied on the same equipment within the past six
months.
new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorders training. new text end

new text begin Each foster parent and caregiver
must complete at least one hour of training yearly on fetal alcohol spectrum disorders. A
provider who is also licensed to provide home and community-based services under chapter
245D and the provider's staff are exempt from this subdivision. A short-term substitute
caregiver is exempt from this subdivision. The commissioner of human services shall approve
a fetal alcohol spectrum disorders training curriculum that satisfies the requirements of this
subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Yearly training requirement. new text end

new text begin (a) Each foster parent must complete a minimum
of 12 hours of training per year. If a foster parent fails to complete the required yearly
training and does not show good cause why the foster parent did not complete the training,
the foster parent is prohibited from accepting a new foster child placement until the foster
parent completes the training. The commissioner may grant a variance to the required number
of yearly training hours.
new text end

new text begin (b) Each year, each foster parent and caregiver must complete one hour of training about
children's mental health issues according to subdivision 3, and one hour of training about
fetal alcohol spectrum disorders, if required by subdivision 7.
new text end

new text begin (c) Each year, each foster parent and caregiver must complete training about the reporting
requirements and definitions in chapter 260E, as section 245A.66 requires. Foster parents
and caregivers caring for youth 18 and older in extended foster care must complete training
about the reporting requirements and definitions in section 626.557, as section 245A.65,
subdivision 3 requires.
new text end

new text begin (d) At least once every five years, each foster parent and caregiver must complete one
hour of training about reducing the risk of sudden unexpected infant death and abusive head
trauma, if required by subdivision 5.
new text end

new text begin (e) At least once every five years, each foster parent and caregiver must complete training
regarding child passenger restraint systems, if required by subdivision 4.
new text end

new text begin (f) The commissioner may provide each foster parent with a nonexclusive list of eligible
training topics and resources that fulfill the remaining hours of required yearly training.
new text end

new text begin Subd. 9. new text end

new text begin Documentation of training. new text end

new text begin (a) The licensing agency must document the
trainings that this section requires on a form that the commissioner has developed.
new text end

new text begin (b) For training required under subdivision 6, the agency must retain a training and skills
form on file and update the form each year for each foster care provider who completes
training about caring for a child who relies on medical equipment to sustain the child's life
or monitor the child's medical condition. The agency placing the child must obtain a copy
of the training and skills form from the foster parent or from the agency supervising the
foster parent. The agency must retain the form and any updated information on file for the
placement's duration. The form must be available to the parent or guardian and the child's
social worker for the social worker to make an informed placement decision. The agency
must use the training and skills form that the commissioner has developed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 22.

new text begin [245A.61] FOSTER RESIDENCE SETTING STAFF TRAINING
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to foster residence settings, which is
defined as foster care that a license holder licensed under this chapter provides in a home
in which the license holder does not reside. Foster residence setting does not include any
program licensed or certified under Minnesota Rules, parts 2960.0010 to 2960.0710. For
the purposes of this section, "caregiver" means a person who provides services to a child
according to the child's case plan in a setting licensed under Minnesota Rules, parts
2960.3000 to 2960.3340.
new text end

new text begin Subd. 2. new text end

new text begin Orientation. new text end

new text begin The license holder must ensure that each staff person attends and
successfully completes at least six hours of orientation training before the staff person has
unsupervised contact with a foster child. Orientation training hours are not counted toward
the hours of yearly training. Orientation must include training about the following:
new text end

new text begin (1) emergency procedures including evacuation routes, emergency telephone numbers,
severe storm and tornado procedures, and the location of facility alarms and equipment;
new text end

new text begin (2) all relevant laws, rules, and legal issues, including reporting requirements for
maltreatment, abuse, and neglect specified in chapter 260E and section 626.557 and other
reporting requirements based on the children's ages;
new text end

new text begin (3) cultural diversity, gender sensitivity, culturally specific services, and information
about discrimination and racial bias to ensure that caregivers are culturally sensitive and
culturally competent to care for foster children according to section 260C.212, subdivision
11;
new text end

new text begin (4) general and special needs, including disability needs, of children and families served;
new text end

new text begin (5) operational policies and procedures of the license holder;
new text end

new text begin (6) data practices requirements and issues;
new text end

new text begin (7) two hours of training about children's mental health disorders according to subdivision
3;
new text end

new text begin (8) if required by subdivision 4, the proper use and installation of child passenger restraint
systems in motor vehicles;
new text end

new text begin (9) if required by subdivision 5, at least one hour of training about reducing the risk of
sudden unexpected infant death and abusive head trauma from shaking infants and young
children; and
new text end

new text begin (10) if required by subdivision 6, caring for a child who relies on medical equipment to
sustain the child's life or monitor the child's medical condition.
new text end

new text begin Subd. 3. new text end

new text begin Mental health training. new text end

new text begin Prior to caring for a child, a staff person must complete
two hours of training that addresses the causes, symptoms, and key warning signs of mental
health disorders; cultural considerations; and effective approaches to manage a child's
behaviors. A foster residence staff person must complete at least one hour of the yearly
training requirement regarding children's mental health issues and treatment. The
commissioner of human services shall approve a mental health training curriculum that
satisfies the requirements of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Child passenger restraint systems. new text end

new text begin Prior to transporting a child younger than
eight years of age in a motor vehicle, a license holder, staff person, or caregiver must
satisfactorily complete training about the proper use and installation of child restraint systems
in motor vehicles. An individual who is certified and approved by the Office of Traffic
Safety within the Department of Public Safety must provide training to a license holder,
staff person, or caregiver about the proper use and installation of child restraint systems in
motor vehicles.
new text end

new text begin At a minimum, the training must address the proper use of child passenger restraint
systems based on a child's size, weight, and age and the proper installation of a car seat or
booster seat in the motor vehicle transporting the child. Each license holder, staff person,
and caregiver transporting a child younger than eight years of age in a motor vehicle must
complete the training in this subdivision at least once every five years.
new text end

new text begin Subd. 5. new text end

new text begin Training about the risk of sudden unexpected infant death and abusive
head trauma. new text end

new text begin (a) A license holder who cares for an infant or a child five years of age or
younger must document that each staff person has satisfactorily completed at least one hour
of training about reducing the risk of sudden unexpected infant death pursuant to section
245A.1435 and abusive head trauma from shaking infants and young children. Each staff
person must complete the training in this subdivision prior to caring for an infant or a child
five years of age or younger. The county or private licensing agency responsible for
monitoring the child foster care provider under section 245A.16 must approve of the training
about reducing the risk of sudden unexpected infant death and abusive head trauma from
shaking infants and young children.
new text end

new text begin (b) At a minimum, the training must address the risk factors related to sudden unexpected
infant death and abusive head trauma, means of reducing the risk of sudden unexpected
infant death and abusive head trauma, and license holder communication with parents
regarding reducing the risk of sudden unexpected infant death and abusive head trauma
from shaking infants and young children.
new text end

new text begin (c) Each staff person caring for an infant or a child five years of age or younger must
complete the training in this subdivision at least once every five years.
new text end

new text begin Subd. 6. new text end

new text begin Training on use of medical equipment. new text end

new text begin (a) If caring for a child who relies on
medical equipment to sustain the child's life or monitor a child's medical condition, the
license holder or staff person must complete training to operate the child's equipment. A
health care professional or an individual who provides training on the equipment must train
the license holder or staff person about how to operate the child's equipment.
new text end

new text begin (b) A license holder is exempt from this subdivision if:
new text end

new text begin (1) the license holder is currently caring for an individual who is using the same
equipment in the foster home and each staff person has received training to use the
equipment; or
new text end

new text begin (2) the license holder has written documentation that, within the past six months, the
license holder has cared for an individual who relied on the same equipment and each current
staff person has received training to use the same equipment.
new text end

new text begin Subd. 7. new text end

new text begin Fetal alcohol spectrum disorders training. new text end

new text begin (a) For each staff person, at least
one hour of their yearly training requirement in subdivision 9 must be about fetal alcohol
spectrum disorders. The commissioner of human services shall approve of a fetal alcohol
spectrum disorders training curriculum that satisfies the requirements of this subdivision.
new text end

new text begin (b) A provider who is also licensed to provide home and community-based services
under chapter 245D and the provider's staff are exempt from this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Prudent parenting standards training. new text end

new text begin The license holder must have at least
one on-site staff person who is trained regarding the reasonable and prudent parenting
standards in section 260C.212, subdivision 14, and authorized to apply the reasonable and
prudent parenting standards to decisions involving the approval of a foster child's
participation in age-appropriate and developmentally appropriate extracurricular, social, or
cultural activities. The trained on-site staff person is not required to be available 24 hours
per day.
new text end

new text begin Subd. 9. new text end

new text begin Yearly training plan and hours. new text end

new text begin (a) A license holder must develop a yearly
training plan for staff and volunteers. The license holder must modify training for staff and
volunteers each year to meet each person's current needs and provide sufficient training to
accomplish each staff person's duties. To determine the type and amount of training for
each person, the license holder must consider the foster care program's target population,
the program's services, and expected outcomes from the services, as well as the employee's
job description, tasks, and the position's performance indicators.
new text end

new text begin (b) A full-time staff person who has direct contact with children must complete at least
18 hours of in-service training per year, including nine hours of skill development training.
new text end

new text begin (c) A part-time direct care staff person must complete sufficient training to competently
care for children. The amount of training must be at least one hour of training for each 60
hours that the part-time direct care staff person has worked, up to 18 hours of training per
part-time employee per year.
new text end

new text begin (d) Other foster residence staff and volunteers must complete in-service training
requirements each year that are consistent with the foster residence staff and volunteers'
duties.
new text end

new text begin (e) Section 245A.66 requires a license holder to ensure that all staff and volunteers have
training yearly about the reporting requirements and definitions in chapter 260E.
new text end

new text begin Subd. 10. new text end

new text begin Documentation of training. new text end

new text begin (a) For each staff person and volunteer, the
license holder must document the date, the number of training hours, and the name of the
entity that provided the training.
new text end

new text begin (b) For training required under subdivision 6, the agency supervising the foster care
provider must retain a training and skills form on file and update the form each year for
each staff person who completes training about caring for a child who relies on medical
equipment to sustain the child's life or monitor a child's medical condition. The agency
placing the child must obtain a copy of the training and skills form from the foster care
provider or the agency supervising the foster care provider. The placing agency must retain
the form and any updated information on file for the placement's duration. The form must
be available to the child's parent or the child's primary caregiver and the child's social worker
to make an informed placement decision. The agency must use the training and skills form
that the commissioner has developed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 23.

Minnesota Statutes 2022, section 245A.66, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Ongoing training requirement. new text end

new text begin (a) In addition to the orientation training
required by the applicable licensing rules and statutes, children's residential facility, and
private child-placing agency, license holders must provide a training annually on the
maltreatment of minors reporting requirements and definitions in chapter 260E to each
mandatory reporter, as described in section 260E.06, subdivision 1.
new text end

new text begin (b) In addition to the orientation training required by the applicable licensing rules and
statutes, all family child foster care license holders and caregivers and foster residence
setting staff and volunteers that are mandatory reporters as described in section 260E.06,
subdivision 1, must complete training each year on the maltreatment of minors reporting
requirements and definitions in chapter 260E.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 24.

Minnesota Statutes 2022, section 245C.15, subdivision 4a, is amended to read:

Subd. 4a.

Licensed family foster setting disqualifications.

(a) Notwithstanding
subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting,
regardless of how much time has passed, an individual is disqualified under section 245C.14
if the individual committed an act that resulted in a felony-level conviction for sections:
609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first
degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse);
609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense
under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or
neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325
(criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245
(aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder
of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the
second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault
of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the
commission of a crime); 609.322, subdivision 1 (solicitation, inducement, and promotion
of prostitution; sex trafficking in the first degree); 609.324, subdivision 1 (other prohibited
acts; engaging in, hiring, or agreeing to hire minor to engage in prostitution); 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second
degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual
conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children to engage
in sexual conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.561 (arson in the first degree); 609.582, subdivision 1 (burglary
in the first degree); 609.746 (interference with privacy); 617.23 (indecent exposure); 617.246
(use of minors in sexual performance prohibited); or 617.247 (possession of pictorial
representations of minors).

(b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated
with a licensed family foster setting, an individual is disqualified under section 245C.14,
regardless of how much time has passed, if the individual:

(1) committed an action under paragraph (e) that resulted in death or involved sexual
abuse, as defined in section 260E.03, subdivision 20 deleted text begin ; deleted text end new text begin , or 626.5572, subdivision 2, paragraph
(a), clause (4), or paragraph (c);
new text end

(2) committed an act that resulted in a gross misdemeanor-level conviction for section
609.3451 (criminal sexual conduct in the fifth degree);

(3) committed an act against or involving a minor that resulted in a felony-level conviction
for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the
third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);
or

(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level
conviction for section 617.293 (dissemination and display of harmful materials to minors).

(c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than 20
years have passed since the termination of the individual's parental rights under section
260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of
parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to
involuntarily terminate parental rights. An individual is disqualified under section 245C.14
if fewer than 20 years have passed since the termination of the individual's parental rights
in any other state or country, where the conditions for the individual's termination of parental
rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph
(b).

(d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than five
years have passed since a felony-level violation for sections: 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023
(controlled substance crime in the third degree); 152.024 (controlled substance crime in the
fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing
controlled substances across state borders); 152.0262, subdivision 1, paragraph (b)
(possession of substance with intent to manufacture methamphetamine); 152.027, subdivision
6, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies
prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia;
prohibited conduct; criminal penalties; civil liabilities); 152.137 (methamphetamine-related
crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while
impaired); 243.166 (violation of predatory offender registration requirements); 609.2113
(criminal vehicular operation; bodily harm); 609.2114 (criminal vehicular operation; unborn
child); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal
abuse of a vulnerable adult not resulting in the death of a vulnerable adult); 609.233 (criminal
neglect); 609.235 (use of drugs to injure or facilitate a crime); 609.24 (simple robbery);
609.322, subdivision 1a (solicitation, inducement, and promotion of prostitution; sex
trafficking in the second degree); 609.498, subdivision 1 (tampering with a witness in the
first degree); 609.498, subdivision 1b (aggravated first-degree witness tampering); 609.562
(arson in the second degree); 609.563 (arson in the third degree); 609.582, subdivision 2
(burglary in the second degree); 609.66 (felony dangerous weapons); 609.687 (adulteration);
609.713 (terroristic threats); 609.749, subdivision 3, 4, or 5 (felony-level harassment or
stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); or
624.713 (certain people not to possess firearms).

(e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a
background study affiliated with a licensed family child foster care license, an individual
is disqualified under section 245C.14 if fewer than five years have passed since:

(1) a felony-level violation for an act not against or involving a minor that constitutes:
section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third
degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the
fifth degree);

(2) a violation of an order for protection under section 518B.01, subdivision 14;

(3) a determination or disposition of the individual's failure to make required reports
under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition
under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment
was recurring or serious;

(4) a determination or disposition of the individual's substantiated serious or recurring
maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under chapter 260E or section 626.557 and meet
the definition of serious maltreatment or recurring maltreatment;

(5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in
the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or

(6) committing an act against or involving a minor that resulted in a misdemeanor-level
violation of section 609.224, subdivision 1 (assault in the fifth degree).

(f) For purposes of this subdivision, the disqualification begins from:

(1) the date of the alleged violation, if the individual was not convicted;

(2) the date of conviction, if the individual was convicted of the violation but not
committed to the custody of the commissioner of corrections; or

(3) the date of release from prison, if the individual was convicted of the violation and
committed to the custody of the commissioner of corrections.

Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation
of the individual's supervised release, the disqualification begins from the date of release
from the subsequent incarceration.

(g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes, permanently disqualifies the individual under section 245C.14. An individual is
disqualified under section 245C.14 if fewer than five years have passed since the individual's
aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs
(d) and (e).

(h) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),
permanently disqualifies the individual under section 245C.14. An individual is disqualified
under section 245C.14 if fewer than five years have passed since an offense in any other
state or country, the elements of which are substantially similar to the elements of any
offense listed in paragraphs (d) and (e).

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2022, section 245E.06, subdivision 3, is amended to read:

Subd. 3.

Appeal of department action.

A provider's rights related to the department's
action taken under this chapter against a provider are established in sections 119B.16 deleted text begin and deleted text end new text begin , new text end
119B.161 new text begin , and 119B.162 new text end .

Sec. 26.

Minnesota Statutes 2022, section 245E.08, is amended to read:

245E.08 REPORTING OF SUSPECTED FRAUDULENT ACTIVITY.

(a) A person who, in good faith, makes a report of or testifies in any action or proceeding
in which financial misconduct is alleged, and who is not involved in, has not participated
in, or has not aided and abetted, conspired, or colluded in the financial misconduct, shall
have immunity from any liability, civil or criminal, that results by reason of the person's
report or testimony. For the purpose of any proceeding, the good faith of any person reporting
or testifying under this provision shall be presumed.

(b) If a person that is or has been involved in, participated in, aided and abetted, conspired,
or colluded in the financial misconduct reports the financial misconduct, the department
may consider that person's report and assistance in investigating the misconduct as a
mitigating factor in the department's pursuit of civil, criminal, or administrative remedies.

new text begin (c) After an investigation is complete, the reporter's name must be kept confidential.
The subject of the report may compel disclosure of the reporter's name only with the consent
of the reporter or upon a written finding by a district court that the report was false and there
is evidence that the report was made in bad faith. This paragraph does not alter disclosure
responsibilities or obligations under the Rules of Criminal Procedure, except that when the
identity of the reporter is relevant to a criminal prosecution the district court shall conduct
an in-camera review before determining whether to order disclosure of the reporter's identity.
new text end

Sec. 27.

Minnesota Statutes 2022, section 245G.13, subdivision 2, is amended to read:

Subd. 2.

Staff development.

(a) A license holder must ensure that each staff member
has the training described in this subdivision.

(b) Each staff member must be trained every two years in:

(1) client confidentiality rules and regulations and client ethical boundaries; and

(2) emergency procedures and client rights as specified in sections 144.651, 148F.165,
and 253B.03.

(c) Annually each staff member with direct contact must be trained on mandatory
reporting as specified in sections 245A.65, 626.557, and 626.5572, and chapter 260E,
including specific training covering the license holder's policies for obtaining a release of
client information.

(d) Upon employment and annually thereafter, each staff member with direct contact
must receive training on HIV minimum standards according to section 245A.19.

new text begin (e) The license holder must ensure that each mandatory reporter, as described in section
260E.06, subdivision 1, is trained on the maltreatment of minors reporting requirements
and definitions in chapter 260E before the mandatory reporter has direct contact, as defined
in section 245C.02, subdivision 11, with a person served by the program.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end A treatment director, supervisor, nurse, or counselor must have a minimum of 12
hours of training in co-occurring disorders that includes competencies related to philosophy,
trauma-informed care, screening, assessment, diagnosis and person-centered treatment
planning, documentation, programming, medication, collaboration, mental health
consultation, and discharge planning. A new staff member who has not obtained the training
must complete the training within six months of employment. A staff member may request,
and the license holder may grant, credit for relevant training obtained before employment,
which must be documented in the staff member's personnel file.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 28.

Minnesota Statutes 2022, section 245H.03, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Notification required. new text end

new text begin (a) A certification holder must notify the commissioner,
in a manner prescribed by the commissioner, and obtain the commissioner's approval before
making any changes:
new text end

new text begin (1) to the certification holder as defined in section 245H.01, subdivision 4;
new text end

new text begin (2) to the certification holder contact person as defined in section 245H.01, subdivision
4a;
new text end

new text begin (3) to the certification holder information on file with the secretary of state or Department
of Revenue;
new text end

new text begin (4) in the location of the program certified under this chapter;
new text end

new text begin (5) to the ages of children served by the program; or
new text end

new text begin (6) to the certified center's schedule including its:
new text end

new text begin (i) yearly schedule;
new text end

new text begin (ii) hours of operation; or
new text end

new text begin (iii) days of the week it is open.
new text end

new text begin (b) When, for reasons beyond the certification holder's control, a certification holder
cannot provide the commissioner with prior notice of the changes in paragraph (a), the
certification holder must notify the commissioner by the tenth business day after the change
and must provide any additional information requested by the commissioner.
new text end

new text begin (c) When a certification holder notifies the commissioner of a change to the certification
holder information on file with the secretary of state, the certification holder must provide
documentation of the change.
new text end

new text begin (d) Upon implementation of the provider licensing and reporting hub, certification holders
must enter and update information in the hub in a manner prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 29.

Minnesota Statutes 2022, section 245H.05, is amended to read:

245H.05 MONITORING AND INSPECTIONS.

(a) The commissioner must conduct an on-site inspection of a certified license-exempt
child care center at least deleted text begin annually deleted text end new text begin once each calendar year new text end to determine compliance with
the health, safety, and fire standards specific to a certified license-exempt child care center.

(b) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports for all certified centers including
the number of deaths, serious injuries, and instances of substantiated child maltreatment
that occurred in certified centers each year.

new text begin EFFECTIVE DATE. new text end

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

Sec. 30.

Minnesota Statutes 2022, section 245H.08, subdivision 4, is amended to read:

Subd. 4.

Maximum group size.

(a) For a child six weeks old through 16 months old,
the maximum group size shall be no more than eight children.

(b) For a child 16 months old through 33 months old, the maximum group size shall be
no more than 14 children.

(c) For a child 33 months old through prekindergarten, a maximum group size shall be
no more than 20 children.

(d) For a child in kindergarten through 13 years old, a maximum group size shall be no
more than 30 children.

(e) The maximum group size applies at all times except during group activity coordination
time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and
special activity including a film, guest speaker, indoor large muscle activity, or holiday
program.

new text begin (f) Notwithstanding paragraph (d), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
new text end

new text begin (2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
new text end

Sec. 31.

Minnesota Statutes 2022, section 245H.08, subdivision 5, is amended to read:

Subd. 5.

Ratios.

(a) The minimally acceptable staff-to-child ratios are:

six weeks old through 16 months old	1:4
16 months old through 33 months old	1:7
33 months old through prekindergarten	1:10
kindergarten through 13 years old	1:15

(b) Kindergarten includes a child of sufficient age to have attended the first day of
kindergarten or who is eligible to enter kindergarten within the next four months.

(c) For mixed groups, the ratio for the age group of the youngest child applies.

new text begin (d) Notwithstanding paragraph (a), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
new text end

new text begin (2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 32.

Minnesota Statutes 2022, section 245H.13, subdivision 3, is amended to read:

Subd. 3.

Administration of medication.

(a) A certified center that chooses to administer
medicine must meet the requirements in this subdivision.

(b) The certified center must obtain written permission from the child's parent or legal
guardian before administering prescription medicine, new text begin nonprescription medicine, new text end diapering
product, sunscreen lotion, and insect repellent.

(c) The certified center must administer nonprescription medicine, diapering product,
sunscreen lotion, and insect repellent according to the manufacturer's instructions unless
provided written instructions by a licensed health professional to use a product differently.

(d) The certified center must obtain and follow written instructions from the prescribing
health professional before administering prescription medicine. Medicine with the child's
first and last name and current prescription information on the label is considered written
instructions.

(e) The certified center must ensure all new text begin prescription and nonprescription new text end medicine is:

(1) kept in the medicine's original container with a legible label stating the child's first
and last name;

(2) given only to the child whose name is on the label;

(3) not given after an expiration date on the label; and

(4) returned to the child's parent or legal guardian or destroyed, if unused.

(f) The certified center must document in the child's record the administration of new text begin
prescription and nonprescription new text end medication, including the child's first and last name; the
name of the medication or prescription number; the date, time, and dosage; and the name
and signature of the person who administered the medicine. This documentation must be
available to the child's parent or legal guardian.

(g) The certified center must store new text begin prescription and nonprescription new text end medicines, insect
repellents, and diapering products according to directions on the original container.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 33.

Minnesota Statutes 2022, section 245H.13, subdivision 7, is amended to read:

Subd. 7.

Risk reduction plan.

(a) The certified center must develop a risk reduction
plan that identifies risks to children served by the child care center. The assessment of risk
must include risks presented by (1) the physical plant where the certified services are
provided, including electrical hazards; and (2) the environment, including the proximity to
busy roads and bodies of water.

(b) The certification holder must establish policies and procedures to minimize identified
risks. After any change to the risk reduction plan, the certification holder must inform staff
of the change in the risk reduction plan and document that staff were informed of the change.

new text begin (c) If middle-school-age children are enrolled in the center and combined with elementary
children, the certification holder must establish policies and procedures to ensure adequate
supervision as defined in subdivision 10 when children are grouped together.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 34. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, sections 245A.144; and 245A.175, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2960.3070; 2960.3210; and 9502.0425, subparts 5 and 10, new text end new text begin
are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-03667

245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers that care for infants or children through five years of age must document that before staff persons and caregivers assist in the care of infants or children through five years of age, they are instructed on the standards in section 245A.1435 and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. This section does not apply to emergency relative placement under section 245A.035. The training on reducing the risk of sudden unexpected infant death and abusive head trauma may be provided as:

(1) orientation training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must be completed at least once every five years. At a minimum, the training must address the risk factors related to sudden unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma.

(c) Training for child foster care providers must be approved by the county or private licensing agency that is responsible for monitoring the child foster care provider under section 245A.16. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070.

245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settings, and all staff providing care in foster residence settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the foster family license holder and caregivers, and foster residence staff must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. Short-term substitute caregivers are exempt from these requirements. Training curriculum shall be approved by the commissioner of human services.

Repealed Minnesota Rule: 23-03667

2960.3070 FOSTER PARENT TRAINING.

Subpart 1.

Orientation.

A nonrelative foster parent must complete a minimum of six hours of orientation before admitting a foster child. Orientation is required for relative foster parents who will be licensed as a child's foster parents. Orientation for relatives must be completed within 30 days following the initial placement. The foster parent's orientation must include items A to E:

A.

emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of alarms and equipment;

B.

relevant laws and rules, including, but not limited to, chapter 9560 and Minnesota Statutes, chapters 245A, 260, 260C, and 260E, and legal issues and reporting requirements;

C.

cultural diversity, gender sensitivity, culturally specific services, cultural competence, and information about discrimination and racial bias issues to ensure that caregivers will be culturally competent to care for foster children according to Minnesota Statutes, section 260C.212, subdivision 11;

D.

information about the role and responsibilities of the foster parent in the development and implementation of the case plan and in court and administrative reviews of the child's placement; and

E.

requirements of the licensing agency.

Subp. 2.

In-service training.

Each foster parent must complete a minimum of 12 hours of training per year in one or more of the areas in this subpart or in other areas as agreed upon by the licensing agency and the foster parent. If the foster parent has not completed the required annual training at the time of relicensure and does not show good cause why the training was not completed, the foster parent may not accept new foster children until the training is completed. The nonexclusive list of topics in items A to Z provides examples of in-service training topics that could be useful to a foster parent:

A.

cultural competence and transcultural placements;

B.

adoption and permanency;

C.

crisis intervention, including suicide prevention;

D.

sexual offender behaviors;

E.

children's psychological, spiritual, cultural, sexual, emotional, intellectual, and social development;

F.

legal issues including liability;

G.

foster family relationships with placing agencies and other service providers;

H.

first aid and life-sustaining treatment such as cardiopulmonary resuscitation;

I.

preparing foster children for independent living;

J.

parenting children who suffered physical, emotional, or sexual abuse or domestic violence;

K.

chemical dependency, and signs or symptoms of alcohol and drug abuse;

L.

mental health and emotional disturbance issues;

M.

Americans with Disabilities Act and Individuals With Disabilities Education Act;

N.

caring for children with disabilities and disability-related issues regarding developmental disabilities, emotional and behavioral disorders, and specific learning disabilities;

O.

privacy issues of foster children;

P.

physical and nonphysical behavior guidance, crisis de-escalation, and discipline techniques, including how to handle aggression for specific age groups and specific issues such as developmental disabilities, chemical dependency, emotional disturbances, learning disabilities, and past abuse;

Q.

birth families and reunification;

R.

effects of foster care on foster families;

S.

home safety;

T.

emergency procedures;

U.

child and family wellness;

V.

sexual orientation;

W.

disability bias and discrimination;

X.

management of sexual perpetration, violence, bullying, and exploitative behaviors;

Y.

medical technology-dependent or medically fragile conditions; and

Z.

separation, loss, and attachment.

Subp. 3.

Medical equipment training.

Foster parents who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.

2960.3210 STAFF TRAINING REQUIREMENTS.

Subpart 1.

Orientation.

The license holder must ensure that all staff attend and successfully complete at least six hours of orientation training before having unsupervised contact with foster children. The number of hours of orientation training are not counted as part of the hours of annual training. Orientation training must include at least the topics in items A to F:

A.

emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of facility alarms and equipment;

B.

relevant statutes and administrative rules and legal issues, including reporting requirements for abuse and neglect specified in Minnesota Statutes, chapter 260E and section 626.557, and other reporting requirements based on the ages of the children;

C.

cultural diversity and gender sensitivity, culturally specific services, and information about discrimination and racial bias issues to ensure that caregivers have cultural sensitivity and will be culturally competent to care for children according to Minnesota Statutes, section 260C.212, subdivision 11;

D.

general and special needs, including disability needs, of children and families served;

E.

operational policies and procedures of the license holder; and

F.

data practices regulations and issues.

Subp. 2.

Personnel training.

The license holder must provide training for staff that is modified annually to meet the current needs of individual staff persons. The license holder must develop an annual training plan for employees that addresses items A to C.

A.

Full-time and part-time direct care staff and volunteers must have sufficient training to accomplish their duties. To determine the type and amount of training an employee needs, the license holder must consider the foster care program's target population, services the program delivers, and outcomes expected from the services, as well as the employee's position description, tasks to be performed, and the performance indicators for the position. The license holder and staff who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.

B.

Full-time staff who have direct contact with children must complete at least 18 hours of in-service training per year. One-half of the training must be skill development training. Other foster home staff and volunteers must complete in-service training requirements consistent with their duties.

C.

Part-time direct care staff must receive sufficient training to competently care for children. The amount of training must be provided at least at a ratio of one hour of training for each 60 hours worked, up to 18 hours of training per part-time employee per year.

Subp. 3.

Documentation of training.

The license holder must document the date and number of hours of orientation and in-service training completed by each staff person in each topic area and the name of the entity that provided the training.

9502.0425 PHYSICAL ENVIRONMENT.

Subp. 5.

Occupancy separations.

Day care residences with an attached garage must have a self-closing, tight fitting solid wood bonded core door at least 1-3/8 inch thick, or door with a fire protection rating of 20 minutes or greater and a separation wall consisting of 5/8 inch thick gypsum wallboard or its equivalent on the garage side between the residence and garage.

Subp. 10.

Stairways.

All stairways must meet the following conditions.

A.

Stairways of three or more steps must have handrails.

B.

Any open area between the handrail and stair tread must be enclosed with a protective guardrail as specified in the State Building Code. The back of the stair risers must be enclosed.

C.

Gates or barriers must be used when children between the ages of 6 and 18 months are in care.

D.

Stairways must be well-lighted, in good repair, and free of clutter and obstructions.