1.1 	A bill for an act
1.2 	relating to human services; changing certain in-service training requirements; 
1.3 	requiring early childhood development training; changing certain first aid 
1.4 	training requirements; allowing the use of mesh sided playpens or cribs under 
1.5 	certain circumstances; establishing the Ramsey County child care pilot project; 
1.6 	providing an exception for notification of a variance or set-aside; amending 
1.7 	Minnesota Statutes 2004, sections 245A.023; 245A.14, by adding a subdivision; 
1.8 	Minnesota Statutes 2005 Supplement, sections 245A.14, subdivision 12; 
1.9 	245A.146, subdivision 3; 245C.22, subdivision 7; 245C.24, subdivision 2; 
1.10 	245C.301.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2004, section 245A.023, is amended to read:
1.13 	245A.023 IN-SERVICE TRAINING.
1.14 	(a) For purposes of child care centers, in-service training must be completed within 
1.15 	the license period for which it is required. In-service training completed by staff persons 
1.16 	as required must be transferable upon a staff person's change in employment to another 
1.17 	child care program. License holders shall record all staff in-service training on forms 
1.18 	prescribed by the commissioner of human services.
1.19 	(b) For purposes of family and group family child care, the license holder and each 
1.20 	primary caregiver must complete 12 hours of training each year. For purposes of this 
1.21 	section, a primary caregiver is an adult caregiver who provides services in the licensed 
1.22 	setting more than 30 days in any 12-month period.

1.23 	Sec. 2. Minnesota Statutes 2004, section 245A.14, is amended by adding a subdivision 
1.24 	to read:
2.1 		Subd. 9a.Early childhood development training. (a) For purposes of child 
2.2 	care centers, the director and all staff hired after July 1, 2006, shall complete and 
2.3 	document at least two hours of early childhood development training within the first year 
2.4 	of employment. Training completed under this subdivision may be used to meet the 
2.5 	requirements of Minnesota Rules, part 9503.0035, subparts 1 and 4.
2.6 	(b) For purposes of family and group family child care, the license holder and 
2.7 	each adult caregiver who provides care in the licensed setting more than 30 days in any 
2.8 	12-month period shall complete and document at least two hours of early childhood 
2.9 	development training within the first year of licensure or employment. Training completed 
2.10 	under this subdivision may be used to meet the requirements of Minnesota Rules, part 
2.11 	9502.0385, subparts 2 and 3.
2.12 	(c) Notwithstanding paragraphs (a) and (b), individuals are exempt from this 
2.13 	requirement if they:
2.14 	(1) have taken a three-credit course on early childhood development within the 
2.15 	past five years;
2.16 	(2) have received a baccalaureate or masters degree in early childhood education or 
2.17 	school age child care within the past five years;
2.18 	(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood 
2.19 	educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an 
2.20 	early childhood special education teacher, or an elementary teacher with a kindergarten 
2.21 	endorsement; or
2.22 	(4) have received a baccalaureate degree with a Montessori certificate within the 
2.23 	past five years.

2.24 	Sec. 3. Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 12, is 
2.25 	amended to read:
2.26 		Subd. 12.First aid training requirements.  (a) Notwithstanding Minnesota Rules, 
2.27 	part 9503.0035, subpart 2, When children are present in a family child care home governed 
2.28 	by Minnesota Rules, parts 9502.0315 to 9502.0445, or a child care center governed by 
2.29 	Minnesota Rules, parts 9503.0005 to 9503.0170, at least one staff person must be present 
2.30 	in the center or home who has been trained in first aid. The first aid training must have 
2.31 	been provided by an individual approved to provide first aid instruction. First aid training 
2.32 	may be less than eight hours and persons qualified to provide first aid training shall include 
2.33 	individuals approved as first aid instructors.
2.34 	(b) All teachers and assistant teachers in a child care center governed by Minnesota 
2.35 	Rules, parts 9503.0005 to 9503.0170, and at least one staff person during field trips and 
3.1 	when transporting children in care must satisfactorily complete first aid training within 90 
3.2 	days of the start of work, unless the training has been completed within the previous three 
3.3 	years. The first aid training must be repeated at least every three years; documented in the 
3.4 	person's personnel record and indicated on the center's staffing chart; and provided by an 
3.5 	individual approved as a first aid instructor. This training may be less than eight hours.

3.6 	Sec. 4. Minnesota Statutes 2005 Supplement, section 245A.146, subdivision 3, is 
3.7 	amended to read:
3.8 		Subd. 3.License holder documentation of cribs. (a) Annually, from the date 
3.9 	printed on the license, all license holders shall check all their cribs' brand names and 
3.10 	model numbers against the United States Consumer Product Safety Commission Web 
3.11 	site listing of unsafe cribs.
3.12 	(b) The license holder shall maintain written documentation to be reviewed on site 
3.13 	for each crib showing that the review required in paragraph (a) has been completed, and 
3.14 	which of the following conditions applies:
3.15 	(1) the crib was not identified as unsafe on the United States Consumer Product 
3.16 	Safety Commission Web site;
3.17 	(2) the crib was identified as unsafe on the United States Consumer Product Safety 
3.18 	Commission Web site, but the license holder has taken the action directed by the United 
3.19 	States Consumer Product Safety Commission to make the crib safe; or
3.20 	(3) the crib was identified as unsafe on the United States Consumer Product Safety 
3.21 	Commission Web site, and the license holder has removed the crib so that it is no longer 
3.22 	used by or accessible to children in care.
3.23 	(c) Documentation of the review completed under this subdivision shall be 
3.24 	maintained by the license holder on site and made available to parents of children in 
3.25 	care and the commissioner.
3.26 	(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider 
3.27 	that complies with this section may use a mesh sided playpen or crib that has not been 
3.28 	identified as unsafe on the United States Consumer Product Safety Commission Web site 
3.29 	for the care or sleeping of infants.

3.30 	Sec. 5. Minnesota Statutes 2005 Supplement, section 245C.22, subdivision 7, is 
3.31 	amended to read:
3.32 		Subd. 7.Classification of certain data. (a) Notwithstanding section 13.46, upon 
3.33 	setting aside a disqualification under this section, the identity of the disqualified individual 
4.1 	who received the set-aside and the individual's disqualifying characteristics are public 
4.2 	data if the set-aside was:
4.3 	(1) for any disqualifying characteristic under section 245C.15, when the set-aside 
4.4 	relates to a child care center or a family child care provider licensed under chapter 245A; or
4.5 	(2) for a disqualifying characteristic under section 245C.15, subdivision 2.
4.6 	(b) Notwithstanding section 13.46, upon granting a variance to a license holder 
4.7 	under section 245C.30, the identity of the disqualified individual who is the subject of 
4.8 	the variance, the individual's disqualifying characteristics under section 245C.15, and the 
4.9 	terms of the variance are public data, when the variance:
4.10 	(1) is issued to a child care center or a family child care provider licensed under 
4.11 	chapter 245A; or
4.12 	(2) relates to an individual with a disqualifying characteristic under section 245C.15, 
4.13 	subdivision 2.
4.14 	(c) The identity of a disqualified individual and the reason for disqualification 
4.15 	remain private data when:
4.16 	(1) a disqualification is not set aside and no variance is granted;
4.17 	(2) the data are not public under paragraph (a) or (b);
4.18 	(3) the disqualification is rescinded because the information relied upon to disqualify 
4.19 	the individual is incorrect; or
4.20 	(4) the disqualification relates to a license to provide relative child foster care. 
4.21 	As used in this clause, "relative" has the meaning given it under section 260C.007, 
4.22 	subdivision 27.
4.23 	(d) Licensed family day child care providers and child care centers must notify 
4.24 	parents considering enrollment of a child or parents of a child attending the family day 
4.25 	care or child care center if the program employs or has living in the home any individual 
4.26 	who is the subject of either a set aside or variance provide notices as required under 
4.27 	section 245C.301.
4.28 	(e) Notwithstanding paragraphs (a) and  (b), the identity of household members who 
4.29 	are the subject of a disqualification related set-aside or variance is not public data if: 
4.30 	(1) the household member resides in the residence where the family child care is 
4.31 	provided; 
4.32 	(2) the subject of the set-aside or variance is under the age of 18 years; and 
4.33 	(3) the set-aside or variance only relate to a disqualification under section 245C.15, 
4.34 	subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.

5.1 	Sec. 6. Minnesota Statutes 2005 Supplement, section 245C.24, subdivision 2, is 
5.2 	amended to read:
5.3 		Subd. 2.Permanent bar to set aside a disqualification. (a) Except as provided in 
5.4 	paragraph (b), the commissioner may not set aside the disqualification of any individual 
5.5 	disqualified pursuant to this chapter, regardless of how much time has passed, if the 
5.6 	individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.
5.7 	(b) For an individual who is working in the chemical dependency field who was 
5.8 	disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose 
5.9 	disqualification was set aside prior to July 1, 2005, the commissioner must consider 
5.10 	granting a subsequent set aside for the same or different license holder based on the 
5.11 	evaluation under section 245C.22, subdivision 4. A request for reconsideration evaluated 
5.12 	under this paragraph must include a letter of recommendation from the license holder that 
5.13 	was subject to the prior set aside decision addressing the individual's quality of care to 
5.14 	children or vulnerable adults and the circumstances of the individual's departure from 
5.15 	that service.

5.16 	Sec. 7. Minnesota Statutes 2005 Supplement, section 245C.301, is amended to read:
5.17 	245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.
5.18 	Licensed (a) Except as provided under paragraph (b), family child care providers and 
5.19 	child care centers must provide a written notification to parents considering enrollment 
5.20 	of a child or parents of a child attending the family child care or child care center if the 
5.21 	program employs or has living in the home any individual who is the subject of either a 
5.22 	set-aside or variance.
5.23 	(b) Notwithstanding paragraph (a), family child care license holders are not required 
5.24 	to disclose that the program has an individual living in the home who is the subject of a 
5.25 	set-aside or variance if: 
5.26 	(1) the household member resides in the residence where the family child care is 
5.27 	provided; 
5.28 	(2) the subject of the set-aside or variance is under the age of 18 years; and  
5.29 	(3) the set-aside or variance relate to a disqualification under section 245C.15, 
5.30 	subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.

5.31 	Sec. 8. RAMSEY COUNTY CHILD CARE PILOT PROJECT.
 5.32 		Subdivision 1.Authorization for pilot project. The commissioner of human 
5.33 	services shall approve a pilot project in Ramsey County that will help teen parents remain 
5.34 	in school and complete the student's education while providing child care assistance for 
6.1 	the student's child. The pilot project shall increase coordination between services from 
6.2 	the Minnesota family investment program, the child care assistance program, and area 
6.3 	public schools with the goal of removing barriers that prevent teen parents from pursuing 
6.4 	educational goals.
6.5 		Subd. 2.Program design and implementation. The Ramsey County child care 
6.6 	pilot project shall be established to improve the coordination of services to teen parents. 
6.7 	The pilot project shall:
6.8 	(1) provide a streamlined process for sharing information between the Minnesota 
6.9 	family investment program under Minnesota Statutes, chapter 256J, the child care 
6.10 	assistance program under Minnesota Statutes, chapter 119B, and public schools in 
6.11 	Ramsey County;
6.12 	(2) determine eligibility for child care assistance using the teen parent's eligibility 
6.13 	for reduced-cost or free school lunches in place of income verification; and
6.14 	(3) waive the child care parent fee under Minnesota Statutes, section 119B.12, 
6.15 	subdivision 2, for teen parents whose income is below poverty level and whose children 
6.16 	attend school-based child care centers.
6.17 		Subd. 3.Costs. Increased costs incurred under this section shall not increase the 
6.18 	basic sliding fee appropriation and shall not affect funds available for distribution under 
6.19 	Minnesota Statutes, sections 119B.06 and 119B.08.