HF 3403

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/16/2018 05:55pm

A bill for an act
relating to human services; modifying provisions relating to child care licensing;
requiring a report; amending Minnesota Statutes 2016, sections 245A.04,
subdivision 9; 245A.14, by adding a subdivision; 245A.1435; 245A.152; 245A.16,
subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 245A.04, subdivision 9, is amended to read:

Subd. 9.

Variances.

new text begin (a) new text end The commissioner may grant variances to rules that do not affect
the health or safety of persons in a licensed program if the following conditions are met:

(1) the variance must be requested by an applicant or license holder on a form and in a
manner prescribed by the commissioner;

(2) the request for a variance must include the reasons that the applicant or license holder
cannot comply with a requirement as stated in the rule and the alternative equivalent measures
that the applicant or license holder will follow to comply with the intent of the rule; and

(3) the request must state the period of time for which the variance is requested.

The commissioner may grant a permanent variance when conditions under which the
variance is requested do not affect the health or safety of persons being served by the licensed
program, nor compromise the qualifications of staff to provide services. The permanent
variance shall expire as soon as the conditions that warranted the variance are modified in
any way. Any applicant or license holder must inform the commissioner of any changes or
modifications that have occurred in the conditions that warranted the permanent variance.
Failure to advise the commissioner shall result in revocation of the permanent variance and
may be cause for other sanctions under sections 245A.06 and 245A.07.

The commissioner's decision to grant or deny a variance request is final and not subject
to appeal under the provisions of chapter 14.

new text begin (b) The commissioner shall consider variances for child care center staff qualification
requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
the health and safety of children served by the center. A variance request must be submitted
to the commissioner in accordance with paragraph (a) and must include a plan for the staff
person to gain additional experience, education, or training, as requested by the commissioner.
When reviewing a variance request under this section, the commissioner shall consider the
staff person's level of professional development and completion of child care training courses.
new text end

Sec. 2.

Minnesota Statutes 2016, section 245A.14, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Specialized infant and toddler family child care. new text end

new text begin A group family day care
program licensed as a class D specialized infant and toddler group family day care under
Minnesota Rules, part 9502.0367, may operate as a class B specialized infant and toddler
family day care program on days when only one caregiver is present.
new text end

Sec. 3.

Minnesota Statutes 2016, 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 directing an alternative sleeping position for the infant. The physician directive
must be on a form approved 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. 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.

(d) Placing deleted text begin a swaddled deleted text end new text begin an new text end infant new text begin swaddled in a blanket new text end 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, deleted text end new text begin sleep system that is not under a recall or
warning from the United States Consumer Product Safety Commission, new text end with no constriction
of the hips or legs, to create a swaddle. new text begin The commissioner of human services shall provide
photographs of permitted sleep systems and their component parts on the Department of
Human Services Web site. 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 provided by the commissioner
and prepared in partnership with the Minnesota Sudden Infant Death Center.

new text begin When an infant displays the ability to roll over, the use of a swaddle, a sleep system that
creates a swaddle, or a sleep system that has a hood or any other attachment is prohibited.
new text end

Sec. 4.

Minnesota Statutes 2016, section 245A.152, is amended to read:

245A.152 CHILD CARE LICENSE HOLDER INSURANCE.

(a) A license holder must provide a written notice to all parents or guardians of all
children to be accepted for care prior to admission stating whether the license holder has
liability insurance. This notice may be incorporated into and provided on the admission
form used by the license holder.

(b) If the license holder has liability insurance:

(1) the license holder shall inform parents in writing that a current certificate of coverage
for insurance is available for inspection to all parents or guardians of children receiving
services and to all parents seeking services from the family child care program;

(2) the notice must provide the parent or guardian with the date of expiration or next
renewal of the policy; and

(3) upon the expiration deleted text begin date deleted text end of the policy new text begin or a change in coverage new text end , the license holder
must provide a new written notice new text begin informing all parents or guardians of children receiving
services of the change and new text end indicating whether the insurance policy has lapsed deleted text begin or whether
the license holder has renewed the policy deleted text end .

deleted text begin If the policy was renewed, the license holder must provide the new expiration date of the
policy in writing to the parents or guardians.
deleted text end

new text begin If a license holder has an insurance policy that automatically renews each year, the license
holder may indicate the policy's annual renewal date in the initial written notice to parents
and guardians. This initial written notice shall remain valid and no further notices are required
until the insurance coverage changes or the policy lapses.
new text end

(c) If the license holder does not have liability insurance, the license holder must provide
an annual notice, on a form developed and made available by the commissioner, to the
parents or guardians of children in care indicating that the license holder does not carry
liability insurance.

(d) The license holder must notify all parents and guardians in writing immediately of
any change in insurance status.

(e) The license holder must make available upon request the certificate of liability
insurance to the parents of children in care, to the commissioner, and to county licensing
agents.

(f) The license holder must document, with the signature of the parent or guardian, that
the parent or guardian received the notices required by this section.

Sec. 5.

Minnesota Statutes 2016, section 245A.16, subdivision 2, is amended to read:

Subd. 2.

Investigations.

(a) The county or private agency shall conduct timely
investigations of allegations of maltreatment of children or adults in programs for which
the county or private agency is the commissioner's designated representative and record a
disposition of each complaint in accordance with applicable law or rule. The county or
private agency shall conduct similar investigations of allegations of violations of rules
governing licensure of the program.

(b) If an investigation conducted under paragraph (a) results in evidence that the
commissioner should deny an application or suspend, revoke, or make conditional a license,
the county or private agency shall make that recommendation to the commissioner within
ten working days. new text begin If the commissioner's determination differs from the county's
recommendation, the commissioner must, on the notice of the determination, provide the
applicant or license holder with the reasons for the deviation, with specificity and in clear
and plain language, as defined in section 256.016.
new text end

new text begin (c) If an investigation conducted under paragraph (a) does not result in evidence that
the commissioner should deny an application or suspend, revoke, or make a conditional
license, and the commissioner's determination differs from the county's determination, the
commissioner must, on the notice of the determination, provide the applicant or license
holder with the reasons for the deviation, with specificity and in clear and plain language,
as defined in section 256.016.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6. new text begin DIRECTION TO COMMISSIONER; CHILD CARE LICENSING REFORM.
new text end

new text begin The commissioner of human services shall:
new text end

new text begin (1) review best practices and related research regarding child care licensing and technical
assistance to providers;
new text end

new text begin (2) review best practices and related research regarding the alignment of child care
licensing and technical assistance with other programs and supports related to child care,
including but not limited to the Quality Rating and Improvement System and the Child and
Adult Food Care Program, in order to maximize available resources and supports and avoid
duplication;
new text end

new text begin (3) review relevant administrative data to assist the commissioner and the legislature
with efforts to reform existing child care licensing and technical assistance practices;
new text end

new text begin (4) establish and implement a stakeholder engagement process to present the
commissioner's findings under this section and receive feedback about potential rulemaking
and other regulatory reform; and
new text end

new text begin (5) by January 31, 2019, deliver a report on the commissioner's activities under this
section, timeline for child care reforms, and plan for the rulemaking process to the chairs
and ranking minority members of the legislative committees with jurisdiction over child
care.
new text end