HF 2817

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/17/2022 03:56pm

A bill for an act
relating to child care licensing; amending child care center staffing and group size
rules; requiring a report.

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

Section 1. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
AMENDING CHILD CARE STAFFING AND GROUP SIZE RULES.
new text end

new text begin Subdivision 1. new text end

new text begin Changes to staffing and group size rules. new text end

new text begin (a) The commissioner of
human services must amend Minnesota Rules, part 9503.0040, to require child care centers
to have the following staff persons on site at all times when one or more children are in a
center's care:
new text end

new text begin (1) a teacher-qualified staff person; and
new text end

new text begin (2) a staff person who is responsible for overseeing the operation of the daily activities
of the program, ensuring the health and safety of the children, and supervising staff. The
staff person is not required to meet the qualifications of a director.
new text end

new text begin (b) The commissioner must amend Minnesota Rules, part 9503.0040, subpart 2, item
D, to require that the first staff member that a child care center includes to meet the
staff-to-child ratio has at least the qualifications of an aide and is at least 18 years old.
new text end

new text begin (c) The commissioner must amend Minnesota Rules, part 9503.0040, subpart 3, item B,
to allow a child care center to mix children, excluding infants, in different age categories
during the center's regular hours of operation if:
new text end

new text begin (1) the staff-to-child ratio, group size, and staff distribution applied are for the age
category of the youngest child present; and
new text end

new text begin (2) the group is divided when the number of children present reaches the maximum
group size of the youngest child present.
new text end

new text begin (d) For purposes of this subdivision, the commissioner may use the good cause exemption
process under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota
Statutes, section 14.386, does not apply.
new text end

new text begin Subd. 2. new text end

new text begin Required report. new text end

new text begin By February 3, 2026, the commissioner of human services
must submit a report to the legislative committees with jurisdiction over early childhood
programs and child care licensing that describes any effects the changes required under
subdivision 1 have on the safety of children receiving care in child care centers.
new text end