1.1                          A bill for an act
  1.2             relating to human services; requiring counties to 
  1.3             offer an enhanced registration category to child care 
  1.4             providers; requiring counties to pay licensed child 
  1.5             care providers directly for child care expenses; 
  1.6             extending unlicensed child care to certain providers 
  1.7             for one year; amending Minnesota Statutes 1998, 
  1.8             sections 119B.09, by adding a subdivision; and 
  1.9             119B.13, subdivision 6; Laws 1997, chapter 248, 
  1.10            section 46, as amended. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 119B.09, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 5a.  [PROVIDER REGISTRATION.] (a) Nonlicensed 
  1.15  providers who meet the licensure exemptions defined in section 
  1.16  245A.03, subdivision 2, or Laws 1997, chapter 248, section 46, 
  1.17  as amended, and who care for children as provided under chapter 
  1.18  119B must be registered.  Counties shall provide each 
  1.19  nonlicensed, registered provider with health and safety 
  1.20  information, including information about immunizations.  Parents 
  1.21  shall provide their child's immunization records to their 
  1.22  nonlicensed, registered provider who shall keep immunization 
  1.23  records in accordance with section 121A.15 and have these 
  1.24  records available to the county upon request.  The child must 
  1.25  have received the age appropriate immunizations or have 
  1.26  commenced a schedule of immunizations within 90 days following 
  1.27  the first day of child care with the nonlicensed, registered 
  1.28  provider.  In addition to other registration requirements, the 
  2.1   parent and provider must comply with state and local health 
  2.2   ordinances, including the required child immunizations, and 
  2.3   building and fire codes applicable to the premises where child 
  2.4   care is provided. 
  2.5      (b) Counties shall also offer an enhanced registration 
  2.6   category with additional requirements to be available for 
  2.7   nonlicensed, registered providers who meet the requirements of 
  2.8   paragraph (a).  These additional requirements are:  a background 
  2.9   study, a licensing history check, and completion of a 
  2.10  self-declared health and safety checklist.  Background studies 
  2.11  and licensing history checks must be completed at application 
  2.12  for enhanced registration, when there is a change in household 
  2.13  members, when there is a gap in service as a child care 
  2.14  assistance program provider, and every two years if the provider 
  2.15  is still providing service.  Counties shall have authority to 
  2.16  conduct background studies, including authority to access the 
  2.17  bureau of criminal apprehension's criminal justice information 
  2.18  system.  Background studies shall be conducted on adult 
  2.19  household members according to the procedures under section 
  2.20  245A.04, subdivision 3, applicable to licensed family child 
  2.21  care.  The county may require the prospective provider to pay 
  2.22  the expense of any background study that is done on the 
  2.23  prospective provider or members of the prospective provider's 
  2.24  household.  If the subject of the background study has a 
  2.25  disqualifying characteristic under section 245A.04, subdivision 
  2.26  3d, based on a conviction or admission, the individual shall be 
  2.27  disqualified from providing child care services as a 
  2.28  nonlicensed, registered provider. 
  2.29     Enhanced registration must be available to all legal 
  2.30  nonlicensed child care providers without regard to payment under 
  2.31  the child care assistance program.  Counties may choose to 
  2.32  require all or certain categories of nonlicensed, registered 
  2.33  providers under chapter 119B to comply with enhanced 
  2.34  registration requirements.  County choices must be identified in 
  2.35  the county's child care fund plan under section 119B.08, 
  2.36  subdivision 3. 
  3.1      Sec. 2.  Minnesota Statutes 1998, section 119B.13, 
  3.2   subdivision 6, is amended to read: 
  3.3      Subd. 6.  [PROVIDER PAYMENTS.] Counties shall make vendor 
  3.4   payments to the child care provider or pay the parent directly 
  3.5   for eligible child care expenses.  Counties shall make payments 
  3.6   directly to licensed child care providers for eligible child 
  3.7   care expenses.  For nonlicensed, registered providers under 
  3.8   section 119B.09, subdivision 5a, paragraphs (a) and (b), 
  3.9   counties may make payments to the child care provider or to the 
  3.10  parent.  If payments for child care assistance are made to 
  3.11  providers, the provider shall bill the county for services 
  3.12  provided within ten days of the end of the month of service.  If 
  3.13  bills are submitted in accordance with the provisions of this 
  3.14  subdivision, a county shall issue payment to the provider of 
  3.15  child care under the child care fund within 30 days of receiving 
  3.16  an invoice from the provider.  Counties may establish policies 
  3.17  that make payments on a more frequent basis.  A county's payment 
  3.18  policies must be included in the county's child care plan under 
  3.19  section 119B.08, subdivision 3. 
  3.20     Sec. 3.  Laws 1997, chapter 248, section 46, as amended by 
  3.21  Laws 1997, First Special Session chapter 5, section 10, and Laws 
  3.22  1998, chapter 407, article 6, section 112, is amended to read: 
  3.23     Sec. 46.  [UNLICENSED CHILD CARE PROVIDERS; INTERIM 
  3.24  EXPANSION.] 
  3.25     (a) Notwithstanding Minnesota Statutes, section 245A.03, 
  3.26  subdivision 2, clause (2), until June 30, 1999 2001, 
  3.27  nonresidential child care programs or services that are provided 
  3.28  by an unrelated individual to persons from two or three other 
  3.29  unrelated families are excluded from the licensure provisions of 
  3.30  Minnesota Statutes, chapter 245A, provided that: 
  3.31     (1) the individual provides services at any one time to no 
  3.32  more than four children who are unrelated to the individual; 
  3.33     (2) no more than two of the children are under two years of 
  3.34  age; and 
  3.35     (3) the total number of children being cared for at any one 
  3.36  time does not exceed five. 
  4.1      (b) Paragraph (a), clauses (1) to (3), do not apply to:  
  4.2      (1) nonresidential programs that are provided by an 
  4.3   unrelated individual to persons from a single related family.; 
  4.4      (2) a child care provider whose child care services meet 
  4.5   the criteria in paragraph (a), clauses (1) to (3), but who 
  4.6   chooses to apply for licensure; 
  4.7      (3) a child care provider who, as an applicant for 
  4.8   licensure or as a license holder, has received a license denial 
  4.9   under Minnesota Statutes, section 245A.05, a fine under 
  4.10  Minnesota Statutes, section 245A.06, or a sanction under 
  4.11  Minnesota Statutes, section 245A.07, from the commissioner that 
  4.12  has not been reversed on appeal; or 
  4.13     (4) a child care provider, or a child care provider who has 
  4.14  a household member who, as a result of a licensing process, has 
  4.15  a disqualification under Minnesota Statutes, chapter 245A, that 
  4.16  has not been set aside by the commissioner.