1.1 	A bill for an act
1.2 	relating to human services; modifying human services licensing provisions; 
1.3 	directing the commissioner of human services to develop a plain-language handbook 
1.4 	for family child care providers; requiring county licensors to seek clarification 
1.5 	from Department of Human Services before issuing correction orders in certain 
1.6 	circumstances; expanding child care fix-it ticket violations; authorizing additional 
1.7 	special family child care home licenses; modifying requirements for drinking water 
1.8 	in child care centers; modifying family child care program training requirements; 
1.9 	directing the commissioner of human services to develop an annual refresher 
1.10 	training for family child care providers; clarifying and extending child care training 
1.11 	timelines; exempting certain individuals from child care training requirements; 
1.12 	modifying family child care emergency preparedness plan requirements; creating 
1.13 	the Office of Ombudsperson for Child Care Providers; providing appointments; 
1.14 	increasing time a child care substitute can provide care; establishing Family Child 
1.15 	Care Working Group; directing commissioner of human services to streamline 
1.16 	child care licensing and background study record requirements; directing the 
1.17 	commissioner of human services to codify certain rules and propose legislation 
1.18 	re-codifying chapter 245A; requiring reports; appropriating money;amending 
1.19 	Minnesota Statutes 2018, sections 245A.04, subdivision 4, by adding a subdivision; 
1.20 	245A.06, by adding a subdivision; 245A.065; 245A.14, subdivision 4, by adding 
1.21 	a subdivision; 245A.50, subdivisions 1, 2, 3, 4, 5, 6, 7, 9, by adding subdivisions; 
1.22 	245A.51, subdivision 3; proposing coding for new law in Minnesota Statutes, 
1.23 	chapter 245A.
1.24 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.25 	Section 1. Minnesota Statutes 2018, section 245A.04, subdivision 4, is amended to read:
1.26 		Subd. 4.Inspections; waiver. (a) Before issuing an initial license, the commissioner 
1.27 	shall conduct an inspection of the program. The inspection must include but is not limited 
1.28 	to:
1.29 	(1) an inspection of the physical plant;
1.30 	(2) an inspection of records and documents;
2.1 	(3) an evaluation of the program by consumers of the program;
2.2 	(4) observation of the program in operation; and
2.3 	(5) an inspection for the health, safety, and fire standards in licensing requirements for 
2.4 	a child care license holder.
2.5 	For the purposes of this subdivision, "consumer" means a person who receives the 
2.6 	services of a licensed program, the person's legal guardian, or the parent or individual having 
2.7 	legal custody of a child who receives the services of a licensed program.
2.8 	(b) The evaluation required in paragraph (a), clause (3), or the observation in paragraph 
2.9 	(a), clause (4), is not required prior to issuing an initial license under subdivision 7. If the 
2.10 	commissioner issues an initial license under subdivision 7, these requirements must be 
2.11 	completed within one year after the issuance of an initial license.
2.12 	(c) Before completing a licensing inspection in a family child care program or child care 
2.13 	center, the licensing agency must offer the license holder an exit interview to discuss all
2.14 	violations of law or rule observed during the inspection and offer technical assistance on 
2.15 	how to comply with applicable laws and rules. The commissioner shall not issue a correction 
2.16 	order or negative action for violations of law or rule not discussed in an exit interview.
2.17 	Nothing in this paragraph limits the ability of the commissioner to issue a correction order 
2.18 	or negative action for violations of law or rule not discussed in an exit interview or in the 
2.19 	event that a license holder chooses not to participate in an exit interview.
2.20 	(d) The commissioner or the county shall inspect at least annually a child care provider 
2.21 	licensed under this chapter and Minnesota Rules, chapter 9502 or 9503, for compliance 
2.22 	with applicable licensing standards. It shall not constitute a violation of rule or statute for 
2.23 	the spouse of a licensed family child care provider to be present in the residence during 
2.24 	business hours, unless the spouse provides sufficient hours or days of child care services 
2.25 	for statutory training requirements to apply, or the spouse is designated to be a caregiver, 
2.26 	helper, or substitute in the family child care program.
2.27 	(e) No later than November 19, 2017, the commissioner shall make publicly available 
2.28 	on the department's website the results of inspection reports of all child care providers 
2.29 	licensed under this chapter and under Minnesota Rules, chapter 9502 or 9503, and the 
2.30 	number of deaths, serious injuries, and instances of substantiated child maltreatment that 
2.31 	occurred in licensed child care settings each year.

3.1 	Sec. 2. Minnesota Statutes 2018, section 245A.04, is amended by adding a subdivision to 
3.2 	read:
3.3 		Subd. 18.Plain-language handbook. By January 1, 2020, the commissioner of human 
3.4 	services shall, following consultation with family child care license holders, parents, and 
3.5 	county agencies, develop a plain-language handbook that describes the process and 
3.6 	requirements to become a licensed family child care provider. The handbook shall include 
3.7 	a list of the applicable statutory provisions and rules that apply to licensed family child care 
3.8 	providers. The commissioner shall electronically publish the handbook on the Department 
3.9 	of Human Services website, available at no charge to the public. Each county human services 
3.10 	office and the Department of Human Services shall maintain physical copies of the handbook 
3.11 	for public use.

3.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

3.13 	Sec. 3. Minnesota Statutes 2018, section 245A.06, is amended by adding a subdivision to 
3.14 	read:
3.15 		Subd. 10.Licensing interpretation disputes. When a county licensor and child care 
3.16 	provider dispute the interpretation of a licensing requirement, a county licensor must seek 
3.17 	clarification from the Department of Human Services in writing before issuing a correction 
3.18 	order related to the disputed interpretation. The license holder must be included in all 
3.19 	correspondence between the county and the Department of Human Services regarding the 
3.20 	dispute. The provider must be given the opportunity to contribute pertinent information that 
3.21 	may impact the decision by the Department of Human Services.

3.22 	Sec. 4. Minnesota Statutes 2018, section 245A.065, is amended to read:
3.23 	245A.065 CHILD CARE FIX-IT TICKET.
3.24 	(a) In lieu of a correction order under section 245A.06, the commissioner shall issue a 
3.25 	fix-it ticket to a family child care or child care center license holder if the commissioner 
3.26 	finds that:
3.27 	(1) the license holder has failed to comply with a requirement in this chapter or Minnesota 
3.28 	Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it 
3.29 	ticket;
3.30 	(2) the violation: (i) does not imminently endanger the health, safety, or rights of the 
3.31 	persons served by the program; or (ii) can be corrected immediately;
4.1 	(3) the license holder did not receive a fix-it ticket or correction order for the violation 
4.2 	at the license holder's last licensing inspection;
4.3 	(4) the violation can be corrected at the time of inspection or within 48 hours, excluding 
4.4 	Saturdays, Sundays, and holidays; and
4.5 	(5) the license holder corrects the violation at the time of inspection or agrees to correct 
4.6 	the violation within 48 hours, excluding Saturdays, Sundays, and holidays.
4.7 	(b) The fix-it ticket must state:
4.8 	(1) the conditions that constitute a violation of the law or rule;
4.9 	(2) the specific law or rule violated; and
4.10 	(3) that the violation was corrected at the time of inspection or must be corrected within 
4.11 	48 hours, excluding Saturdays, Sundays, and holidays.
4.12 	(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.
4.13 	(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it 
4.14 	ticket, the license holder must correct the violation and within one week submit evidence 
4.15 	to the licensing agency that the violation was corrected.
4.16 	(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding 
4.17 	Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that 
4.18 	the license holder corrected the violation, the commissioner must issue a correction order 
4.19 	for the violation of Minnesota law or rule identified in the fix-it ticket according to section 
4.20 	245A.06.
4.21 	(f) The commissioner shall, following consultation with family child care license holders, 
4.22 	child care center license holders, and county agencies, issue a report by October 1, 2017, 
4.23 	that identifies the violations of this chapter and Minnesota Rules, chapters 9502 and 9503, 
4.24 	that are eligible for a fix-it ticket. The commissioner shall provide the report to county 
4.25 	agencies and the chairs and ranking minority members of the legislative committees with 
4.26 	jurisdiction over child care, and shall post the report to the department's website.

4.27 	Sec. 5. Minnesota Statutes 2018, section 245A.14, subdivision 4, is amended to read:
4.28 		Subd. 4.Special family day care homes. Nonresidential child care programs serving 
4.29 	14 or fewer children that are conducted at a location other than the license holder's own 
4.30 	residence shall be licensed under this section and the rules governing family day care or 
4.31 	group family day care if:
5.1 	(a) The license holder is the primary provider of care and the nonresidential child care 
5.2 	program is conducted in a dwelling that is located on a residential lot;
5.3 	(b) The license holder is an employer who may or may not be the primary provider of 
5.4 	care, and the purpose for the child care program is to provide child care services to children 
5.5 	of the license holder's employees;
5.6 	(c) The license holder is a church or religious organization;
5.7 	(d) The license holder is a community collaborative child care provider. For purposes 
5.8 	of this subdivision, a community collaborative child care provider is a provider participating 
5.9 	in a cooperative agreement with a community action agency as defined in section 256E.31;
5.10 	(e) The license holder is a not-for-profit agency that provides child care in a dwelling 
5.11 	located on a residential lot and the license holder maintains two or more contracts with 
5.12 	community employers or other community organizations to provide child care services. 
5.13 	The county licensing agency may grant a capacity variance to a license holder licensed 
5.14 	under this paragraph to exceed the licensed capacity of 14 children by no more than five 
5.15 	children during transition periods related to the work schedules of parents, if the license 
5.16 	holder meets the following requirements:
5.17 	(1) the program does not exceed a capacity of 14 children more than a cumulative total 
5.18 	of four hours per day;
5.19 	(2) the program meets a one to seven staff-to-child ratio during the variance period;
5.20 	(3) all employees receive at least an extra four hours of training per year than required 
5.21 	in the rules governing family child care each year;
5.22 	(4) the facility has square footage required per child under Minnesota Rules, part 
5.23 	9502.0425;
5.24 	(5) the program is in compliance with local zoning regulations;
5.25 	(6) the program is in compliance with the applicable fire code as follows:
5.26 	(i) if the program serves more than five children older than 2-1/2 years of age, but no 
5.27 	more than five children 2-1/2 years of age or less, the applicable fire code is educational 
5.28 	occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2003, 
5.29 	Section 202; or
5.30 	(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable 
5.31 	fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code 2003, 
5.32 	Section 202; and
6.1 	(7) any age and capacity limitations required by the fire code inspection and square 
6.2 	footage determinations shall be printed on the license; or
6.3 	(f) The license holder is the primary provider of care and has located the licensed child 
6.4 	care program in a commercial space, if the license holder meets the following requirements:
6.5 	(1) the program is in compliance with local zoning regulations;
6.6 	(2) the program is in compliance with the applicable fire code as follows:
6.7 	(i) if the program serves more than five children older than 2-1/2 years of age, but no 
6.8 	more than five children 2-1/2 years of age or less, the applicable fire code is educational 
6.9 	occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2003, 
6.10 	Section 202; or
6.11 	(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable 
6.12 	fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire Code 2003, 
6.13 	Section 202;
6.14 	(3) any age and capacity limitations required by the fire code inspection and square 
6.15 	footage determinations are printed on the license; and
6.16 	(4) the license holder prominently displays the license issued by the commissioner which 
6.17 	contains the statement "This special family child care provider is not licensed as a child 
6.18 	care center."; or
6.19 	(g) The license holder is the primary provider of care and has located the licensed child 
6.20 	care program in a portion of a building that is used exclusively for the purpose of providing 
6.21 	child care services, if the license holder meets the requirements in paragraph (f), clauses 
6.22 	(1) to (4), and if any available shared kitchen, bathroom, or other space that the provider 
6.23 	uses is separate from the indoor activity area used by the children.

6.24 	Sec. 6. Minnesota Statutes 2018, section 245A.14, is amended by adding a subdivision to 
6.25 	read:
6.26 		Subd. 16.Water bottles in child care centers. Notwithstanding Minnesota Rules, part 
6.27 	9503.0145, subpart 8, a child care center may provide drinking water for children in 
6.28 	individual covered water bottles, labeled with the child's name. Water bottles provided by 
6.29 	the child care center must be washed, rinsed, and sanitized daily after use and stored clean 
6.30 	and dry in a manner that protects them from contamination.

6.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.1 	Sec. 7. Minnesota Statutes 2018, section 245A.50, subdivision 1, is amended to read:
7.2 		Subdivision 1.Initial training. (a) License holders, caregivers, and substitutes must 
7.3 	comply with the training requirements in this section.
7.4 	(b) Helpers who assist with care on a regular basis must complete six hours of training 
7.5 	within one year after the date of initial employment.
7.6 	(c) Training requirements established under this section that must be completed prior 
7.7 	to initial licensure must be satisfied only by a newly licensed child care provider or by a 
7.8 	child care provider who has not held an active child care license in Minnesota in the previous 
7.9 	12 months. A child care provider who relocates within the state or who voluntarily cancels 
7.10 	a license or allows the license to lapse for a period of less than 12 months and who seeks 
7.11 	reinstatement of the lapsed or canceled license within 12 months of the lapse or cancellation 
7.12 	must satisfy the annual, ongoing training requirements, and is not required to satisfy the 
7.13 	training requirements that must be completed prior to initial licensure. A child care provider 
7.14 	who relocates within the state must (1) satisfy the annual, ongoing training requirements 
7.15 	according to the schedules established in this section and (2) not be required to satisfy the 
7.16 	training requirements under this section that the child care provider completed prior to initial 
7.17 	licensure. If a licensed provider moves to a new county, the new county is prohibited from 
7.18 	requiring the provider to complete any orientation class or training for new providers.

7.19 	Sec. 8. Minnesota Statutes 2018, section 245A.50, subdivision 2, is amended to read:
7.20 		Subd. 2.Child development and learning and behavior guidance training. (a) For 
7.21 	purposes of family and group family child care, the license holder and each adult caregiver 
7.22 	who provides care in the licensed setting for more than 30 days in any 12-month period 
7.23 	shall complete and document at least four hours of child growth and learning and behavior 
7.24 	guidance training prior to initial licensure, and before caring for children. For purposes of 
7.25 	this subdivision, "child development and learning training" means training in understanding 
7.26 	how children develop physically, cognitively, emotionally, and socially and learn as part 
7.27 	of the children's family, culture, and community. "Behavior guidance training" means 
7.28 	training in the understanding of the functions of child behavior and strategies for managing 
7.29 	challenging situations. At least two hours of child development and learning or behavior 
7.30 	guidance training must be repeated annually.The training curriculum shall be developed 
7.31 	or approved by the commissioner of human services.
7.32 	(b) Notwithstanding paragraph (a), individuals are exempt from this requirement if they:
8.1 	(1) have taken a three-credit course on early childhood development within the past five 
8.2 	years;
8.3 	(2) have received a baccalaureate or master's degree in early childhood education or 
8.4 	school-age child care within the past five years;
8.5 	(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator, 
8.6 	a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special 
8.7 	education teacher, or an elementary teacher with a kindergarten endorsement; or
8.8 	(4) have received a baccalaureate degree with a Montessori certificate within the past 
8.9 	five years.

8.10 	EFFECTIVE DATE. This section is effective January 1, 2020.

8.11 	Sec. 9. Minnesota Statutes 2018, section 245A.50, subdivision 3, is amended to read:
8.12 		Subd. 3.First aid. (a) When children are present in a family child care home governed 
8.13 	by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person must be present 
8.14 	in the home who has been trained in first aid. The first aid training must have been provided 
8.15 	by an individual approved to provide first aid instruction. First aid training may be less than 
8.16 	eight hours and persons qualified to provide first aid training include individuals approved 
8.17 	as first aid instructors. First aid training must be repeated every two years before the license 
8.18 	holder's license expires in the second year after the prior first aid training.
8.19 	(b) A family child care provider is exempt from the first aid training requirements under 
8.20 	this subdivision related to any substitute caregiver who provides less than 30 hours of care 
8.21 	during any 12-month period.
8.22 	(c) Video training reviewed and approved by the county licensing agency satisfies the 
8.23 	training requirement of this subdivision.

8.24 	Sec. 10. Minnesota Statutes 2018, section 245A.50, subdivision 4, is amended to read:
8.25 		Subd. 4.Cardiopulmonary resuscitation. (a) When children are present in a family 
8.26 	child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one 
8.27 	caregiver must be present in the home who has been trained in cardiopulmonary resuscitation 
8.28 	(CPR), including CPR techniques for infants and children, and in the treatment of obstructed 
8.29 	airways. The CPR training must have been provided by an individual approved to provide 
8.30 	CPR instruction, must be repeated at least once every two years before the license holder's 
8.31 	license expires in the second year after the prior CPR training, and must be documented in 
8.32 	the caregiver's records.
9.1 	(b) A family child care provider is exempt from the CPR training requirement in this 
9.2 	subdivision related to any substitute caregiver who provides less than 30 hours of care during 
9.3 	any 12-month period.
9.4 	(c) Persons providing CPR training must use CPR training that has been developed:
9.5 	(1) by the American Heart Association or the American Red Cross and incorporates 
9.6 	psychomotor skills to support the instruction; or
9.7 	(2) using nationally recognized, evidence-based guidelines for CPR training and 
9.8 	incorporates psychomotor skills to support the instruction.

9.9 	Sec. 11. Minnesota Statutes 2018, section 245A.50, subdivision 5, is amended to read:
9.10 		Subd. 5.Sudden unexpected infant death and abusive head trauma training. (a) 
9.11 	License holders must document that before staff persons, caregivers, and helpers assist in 
9.12 	the care of infants, they are instructed on the standards in section 245A.1435 and receive 
9.13 	training on reducing the risk of sudden unexpected infant death. In addition, license holders 
9.14 	must document that before staff persons, caregivers, and helpers assist in the care of infants 
9.15 	and children under school age, they receive training on reducing the risk of abusive head 
9.16 	trauma from shaking infants and young children. The training in this subdivision may be 
9.17 	provided as initial training under subdivision 1 or ongoing annual training under subdivision 
9.18 	7.
9.19 	(b) Sudden unexpected infant death reduction training required under this subdivision 
9.20 	must, at a minimum, address the risk factors related to sudden unexpected infant death, 
9.21 	means of reducing the risk of sudden unexpected infant death in child care, and license 
9.22 	holder communication with parents regarding reducing the risk of sudden unexpected infant 
9.23 	death.
9.24 	(c) Abusive head trauma training required under this subdivision must, at a minimum, 
9.25 	address the risk factors related to shaking infants and young children, means of reducing 
9.26 	the risk of abusive head trauma in child care, and license holder communication with parents 
9.27 	regarding reducing the risk of abusive head trauma.
9.28 	(d) Training for family and group family child care providers must be developed by the 
9.29 	commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved 
9.30 	by the Minnesota Center for Professional Development. Sudden unexpected infant death 
9.31 	reduction training and abusive head trauma training may be provided in a single course of 
9.32 	no more than two hours in length.
10.1 	(e) Sudden unexpected infant death reduction training and abusive head trauma training 
10.2 	required under this subdivision must be completed in person or as allowed under subdivision 
10.3 	10, clause (1) or (2), at least once every two years  before the license holder's license expires 
10.4 	in the second year after the prior sudden unexpected infant death reduction training and 
10.5 	abusive head trauma training. On the years when the license holder is not receiving training 
10.6 	in person or as allowed under subdivision 10, clause (1) or (2), the license holder must 
10.7 	receive sudden unexpected infant death reduction training and abusive head trauma training 
10.8 	through a video of no more than one hour in length. The video must be developed or approved 
10.9 	by the commissioner.
10.10 	(f) An individual who is related to the license holder as defined in section 245A.02, 
10.11 	subdivision 13, and who is involved only in the care of the license holder's own infant or 
10.12 	child under school age and who is not designated to be a caregiver, helper, or substitute, as 
10.13 	defined in Minnesota Rules, part 9502.0315, for the licensed program, is exempt from the 
10.14 	sudden unexpected infant death and abusive head trauma training.

10.15 	Sec. 12. Minnesota Statutes 2018, section 245A.50, subdivision 6, is amended to read:
10.16 		Subd. 6.Child passenger restraint systems; training requirement. (a) A license 
10.17 	holder must comply with all seat belt and child passenger restraint system requirements 
10.18 	under section 169.685.
10.19 	(b) Family and group family child care programs licensed by the Department of Human 
10.20 	Services that serve a child or children under nine eight years of age must document training 
10.21 	that fulfills the requirements in this subdivision.
10.22 	(1) Before a license holder, staff person, caregiver, or helper transports a child or children 
10.23 	under age nine eight in a motor vehicle, the person placing the child or children in a passenger 
10.24 	restraint must satisfactorily complete training on the proper use and installation of child 
10.25 	restraint systems in motor vehicles. Training completed under this subdivision may be used 
10.26 	to meet initial training under subdivision 1 or ongoing training under subdivision 7.
10.27 	(2) Training required under this subdivision must be at least one hour in length, completed 
10.28 	at initial training, and repeated at least once every five years before the license holder's 
10.29 	license expires in the fifth year after the prior child passenger restraint system training. At 
10.30 	a minimum, the training must address the proper use of child restraint systems based on the 
10.31 	child's size, weight, and age, and the proper installation of a car seat or booster seat in the 
10.32 	motor vehicle used by the license holder to transport the child or children.
11.1 	(3) Training under this subdivision must be provided by individuals who are certified 
11.2 	and approved by the Department of Public Safety, Office of Traffic Safety. License holders 
11.3 	may obtain a list of certified and approved trainers through the Department of Public Safety 
11.4 	website or by contacting the agency.
11.5 	(c) Child care providers that only transport school-age children as defined in section 
11.6 	245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448, 
11.7 	subdivision 1, paragraph (e), are exempt from this subdivision.

11.8 	Sec. 13. Minnesota Statutes 2018, section 245A.50, subdivision 7, is amended to read:
11.9 		Subd. 7.Training requirements for family and group family child care. For purposes 
11.10 	of family and group family child care, the license holder and each primary caregiver must 
11.11 	complete 16 ten hours of ongoing training each year. For purposes of this subdivision, a 
11.12 	primary caregiver is an adult caregiver who provides services in the licensed setting for 
11.13 	more than 30 days in any 12-month period. Repeat of topical training requirements in 
11.14 	subdivisions 2 to 8, and the annual refresher training course in subdivision 12, shall count 
11.15 	toward the annual 16-hour ten-hour training requirement. Additional ongoing training 
11.16 	subjects to meet the annual 16-hour ten-hour training requirement must be selected from 
11.17 	the following areas:
11.18 	(1) child development and learning training under subdivision 2, paragraph (a);
11.19 	(2) developmentally appropriate learning experiences, including training in creating 
11.20 	positive learning experiences, promoting cognitive development, promoting social and 
11.21 	emotional development, promoting physical development, promoting creative development; 
11.22 	and behavior guidance;
11.23 	(3) relationships with families, including training in building a positive, respectful 
11.24 	relationship with the child's family;
11.25 	(4) assessment, evaluation, and individualization, including training in observing, 
11.26 	recording, and assessing development; assessing and using information to plan; and assessing 
11.27 	and using information to enhance and maintain program quality;
11.28 	(5) historical and contemporary development of early childhood education, including 
11.29 	training in past and current practices in early childhood education and how current events 
11.30 	and issues affect children, families, and programs;
11.31 	(6) professionalism, including training in knowledge, skills, and abilities that promote 
11.32 	ongoing professional development; and
12.1 	(7) health, safety, and nutrition, including training in establishing healthy practices; 
12.2 	ensuring safety; and providing healthy nutrition.

12.3 	EFFECTIVE DATE. This section is effective January 1, 2020.

12.4 	Sec. 14. Minnesota Statutes 2018, section 245A.50, subdivision 9, is amended to read:
12.5 		Subd. 9.Supervising for safety; training requirement. (a) Before initial licensure and 
12.6 	before caring for a child, all family child care license holders and each adult caregiver who 
12.7 	provides care in the licensed family child care home for more than 30 days in any 12-month 
12.8 	period shall complete and document the completion of the six-hour Supervising for Safety 
12.9 	for Family Child Care course developed by the commissioner.
12.10 	(b) The family child care license holder and each adult caregiver who provides care in 
12.11 	the licensed family child care home for more than 30 days in any 12-month period shall 
12.12 	complete and document: the completion of the two-hour courses Health and Safety I and 
12.13 	Health and Safety II at least once before the license holder's license expires in the fifth year 
12.14 	after the prior supervising for safety training.
12.15 	(1) the annual completion of a two-hour active supervision course developed by the 
12.16 	commissioner; and
12.17 	(2) the completion at least once every five years of the two-hour courses Health and 
12.18 	Safety I and Health and Safety II. A license holder's or adult caregiver's completion of either 
12.19 	training in a given year meets the annual active supervision training requirement in clause 
12.20 	(1).

12.21 	EFFECTIVE DATE. This section is effective January 1, 2020.

12.22 	Sec. 15. Minnesota Statutes 2018, section 245A.50, is amended by adding a subdivision 
12.23 	to read:
12.24 		Subd. 12.Annual refresher training course. Beginning January 1, 2020, license holders, 
12.25 	staff persons, caregivers, substitutes, and helpers must complete an annual refresher training 
12.26 	course, as developed by the commissioner of human services. The annual refresher training 
12.27 	course must incorporate training on: (1) active supervision; (2) child development and 
12.28 	learning, and behavior guidance; and (3) any training required by the child care development 
12.29 	block grant. The annual refresher training course shall not exceed two hours. Providers may 
12.30 	complete the annual refresher training course online through self-study. Providers must 
12.31 	document completion of the annual refresher training course.

13.1 	Sec. 16. Minnesota Statutes 2018, section 245A.50, is amended by adding a subdivision 
13.2 	to read:
13.3 		Subd. 13.Related individual training exemption. An individual who is related to a 
13.4 	child in a child care program may care for or have contact with that child at the child care 
13.5 	site without completing the training requirements under this chapter, unless the individual 
13.6 	is designated to be a caregiver, helper, or substitute in the child care program.

13.7 	Sec. 17. Minnesota Statutes 2018, section 245A.50, is amended by adding a subdivision 
13.8 	to read:
13.9 		Subd. 14.Emergency substitute caregiver training exemption. During an emergency, 
13.10 	substitute caregivers are exempt from training requirements under this section.

13.11 	Sec. 18. Minnesota Statutes 2018, section 245A.51, subdivision 3, is amended to read:
13.12 		Subd. 3.Emergency preparedness plan. (a) No later than September 30, 2017, a 
13.13 	licensed family child care provider must have a written emergency preparedness plan for 
13.14 	emergencies that require evacuation, sheltering, or other protection of children, such as fire, 
13.15 	natural disaster, intruder, or other threatening situation that may pose a health or safety 
13.16 	hazard to children. The plan must be written on a form developed by the commissioner and 
13.17 	updated at least annually. The plan must include:
13.18 	(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
13.19 	(2) a designated relocation site and evacuation route;
13.20 	(3) procedures for notifying a child's parent or legal guardian of the evacuation, 
13.21 	shelter-in-place, or lockdown, including procedures for reunification with families;
13.22 	(4) accommodations for a child with a disability or a chronic medical condition;
13.23 	(5) procedures for storing a child's medically necessary medicine that facilitate easy 
13.24 	removal during an evacuation or relocation;
13.25 	(6) procedures for continuing operations in the period during and after a crisis; and
13.26 	(7) procedures for communicating with local emergency management officials, law 
13.27 	enforcement officials, or other appropriate state or local authorities.
13.28 	(b) The license holder must train caregivers before the caregiver provides care and at 
13.29 	least annually on the emergency preparedness plan and document completion of this training.
14.1 	(c) The license holder must conduct drills according to the requirements in Minnesota 
14.2 	Rules, part 9502.0435, subpart 8. The date and time of the drills must be documented.
14.3 	(d) The license holder must have the emergency preparedness plan available for review 
14.4 	and posted in a prominent location. The license holder must provide a physical or electronic 
14.5 	copy of the plan to the child's parent or legal guardian upon enrollment.

14.6 	Sec. 19. [245A.60] OMBUDSPERSON FOR CHILD CARE PROVIDERS.
14.7 		Subdivision 1.Appointment. The governor shall appoint an ombudsperson in the 
14.8 	classified service to assist child care providers, including family child care providers and 
14.9 	legal nonlicensed child care providers, with licensing, compliance, and other issues facing 
14.10 	child care providers. The ombudsperson must be selected without regard to the person's 
14.11 	political affiliation. The ombudsperson shall serve a term of two years and may be removed 
14.12 	prior to the end of the term for just cause.
14.13 		Subd. 2.Duties. (a) The ombudsperson's duties shall include:
14.14 	(1) addressing all areas of concern to child care providers related to the provision of 
14.15 	child care services, including licensing, correction orders, penalty assessments, complaint 
14.16 	investigations, and other interactions with agency staff;
14.17 	(2) assisting providers with interactions with county licensors and with appealing 
14.18 	correction orders;
14.19 	(3) providing recommendations for child care improvement or child care provider 
14.20 	education;
14.21 	(4) operating a telephone line to answer questions and provide guidance to child care 
14.22 	providers; and
14.23 	(5) assisting child care license applicants.
14.24 	(b) The ombudsperson must report annually by December 31 to the commissioner and 
14.25 	the chairs and ranking minority members of the legislative committees with jurisdiction 
14.26 	over child care on the services provided by the ombudsperson to child care providers, 
14.27 	including the number, types, and locations of child care providers served, and the activities 
14.28 	of the ombudsperson to carry out the duties under this section. The commissioner shall 
14.29 	determine the form of the report and may specify additional reporting requirements.
14.30 		Subd. 3.Staff. The ombudsperson may appoint and compensate out of available funds 
14.31 	a deputy, confidential secretary, and other employees in the unclassified service as authorized 
14.32 	by law. The ombudsperson and the full-time staff are members of the Minnesota State 
15.1 	Retirement Association. The ombudsperson may delegate to members of the staff any 
15.2 	authority or duties of the office except the duty to formally make recommendations to a 
15.3 	child care provider or reports to the commissioner or the legislature.
15.4 		Subd. 4.Access to records. (a) The ombudsperson or designee, excluding volunteers, 
15.5 	has access to data of a state agency necessary for the discharge of the ombudsperson's duties, 
15.6 	including records classified as confidential data on individuals or private data on individuals 
15.7 	under chapter 13 or any other law. The ombudsperson's data request must relate to a specific 
15.8 	case and is subject to section 13.03, subdivision 4. If the data concerns an individual, the 
15.9 	ombudsperson or designee shall first obtain the individual's consent. If the individual cannot 
15.10 	consent and has no legal guardian, then access to the data is authorized by this section.
15.11 	(b) On a quarterly basis, each state agency responsible for licensing, regulating, and 
15.12 	enforcing state and federal laws and regulations concerning child care providers must provide 
15.13 	the ombudsperson copies of all correction orders, penalty assessments, and complaint 
15.14 	investigation reports for all child care providers.
15.15 		Subd. 5.Independence of action. In carrying out the duties under this section, the 
15.16 	ombudsperson shall operate independently of the department and may provide testimony 
15.17 	or make periodic reports to the legislature to address areas of concern and advocate for child 
15.18 	care providers.
15.19 		Subd. 6.Civil actions. The ombudsperson or designee is not civilly liable for any action 
15.20 	taken under this section if the action was taken in good faith, was within the scope of the 
15.21 	ombudsperson's authority, and did not constitute willful or reckless misconduct.
15.22 		Subd. 7.Qualifications. The ombudsperson must be a person who has at least five years 
15.23 	of experience providing child care. The ombudsperson must be experienced in dealing with 
15.24 	governmental entities, interpretation of laws and regulations, investigations, record keeping, 
15.25 	report writing, public speaking, and management. A person is not eligible to serve as the 
15.26 	ombudsperson while holding public office and must not have been previously employed 
15.27 	by the Department of Human Services or as a county licensor.
15.28 		Subd. 8.Office support. The commissioner shall provide the ombudsperson with the 
15.29 	necessary office space, supplies, equipment, and clerical support to effectively perform the 
15.30 	duties under this section.
15.31 		Subd. 9.Posting. (a) The commissioner shall post on the department's website the address 
15.32 	and telephone number for the office of the ombudsperson. The commissioner shall provide 
15.33 	all child care providers with the address and telephone number of the office. Counties must 
15.34 	provide child care providers with the name, address, and telephone number of the office.
16.1 	(b) The ombudsperson must approve all posting and notice required by the department 
16.2 	and counties under this subdivision.

16.3 	Sec. 20. DIRECTION TO COMMISSIONER; CHILD CARE TRAINING 
16.4 	REQUIREMENTS.
 16.5 	(a) The commissioner of human services shall develop an annual refresher course as 
16.6 	described in Minnesota Statutes, section 245A.50, subdivision 12, for child care providers 
16.7 	who previously completed the training requirements under Minnesota Statutes, chapter 
16.8 	245A.
16.9 	(b) The commissioner must propose any necessary legislative changes to develop and 
16.10 	implement the annual refresher training course in paragraph (a) and to eliminate duplicative 
16.11 	training requirements for the 2020 legislative session.

16.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.13 	Sec. 21. DIRECTION TO COMMISSIONER; SUBSTITUTE CAREGIVER 
16.14 	PERMISSION.
 16.15 	(a) The commissioner of human services shall amend Minnesota Rules, part 9502.0365, 
16.16 	subpart 5, to permit licensed providers to use substitute caregivers for a cumulative total of  
16.17 	720 hours in any 12-month period.
16.18 	(b) The commissioner of human services may use the good cause exemption under 
16.19 	Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this 
16.20 	section, and Minnesota Statutes, section 14.386, does not apply except as provided under 
16.21 	Minnesota Statutes, section 14.388.

16.22 	Sec. 22. FAMILY CHILD CARE TASK FORCE.
 16.23 		Subdivision 1.Establishment; purpose. The Family Child Care Task Force is established 
16.24 	to increase the number of licensed family child care providers throughout the state, identify 
16.25 	family child care licensing alternatives, and establish family child care regulatory reforms 
16.26 	to improve efficiencies.
16.27 		Subd. 2.Membership. (a) The Family Child Care Task Force shall consist of 16 
16.28 	members, appointed as follows:
16.29 	(1) two members representing family child care providers from greater Minnesota,  
16.30 	including one appointed by the speaker of the house of representatives and one appointed 
16.31 	by the senate majority leader;
17.1 	(2) two members representing family care providers from the metropolitan area as defined 
17.2 	in Minnesota Statutes, section 473.121, subdivision 2, including one appointed by the speaker 
17.3 	of the house of representatives and one appointed by the senate majority leader;
17.4 	(3) one member appointed by the Minnesota Association of Child Care Professionals;
17.5 	(4) one member appointed by the Minnesota Child Care Provider Information Network;
17.6 	(5) two members from the house of representatives, including one appointed by the 
17.7 	speaker of the house of representatives and one appointed by the minority leader;
17.8 	(6) two members from the senate, including one appointed by the senate majority leader 
17.9 	and one appointed by the senate minority leader;
17.10 	(7) two members representing Department of Human Services-recognized family child 
17.11 	care associations from greater Minnesota, including one appointed by the senate majority 
17.12 	leader and one appointed by the senate minority leader;
17.13 	(8) two members appointed by the Association of Minnesota Child Care Licensors, 
17.14 	including one from greater Minnesota and one from the metropolitan area, as defined in 
17.15 	Minnesota Statutes, section 473.121, subdivision 2;
17.16 	(9) one member appointed by the Greater Minnesota Partnership; and
17.17 	(10) one member appointed by the Minnesota Chamber of Commerce.
17.18 	(b) Appointments to the task force must be made no later than July 15, 2019, and members 
17.19 	of the task force may be compensated as provided by Minnesota Statutes, section 15.059, 
17.20 	subdivision 3.
17.21 		Subd. 3.Duties. The task force must:
17.22 	(1) develop a proposal for a child care provider licensing structure based on a differential 
17.23 	monitoring framework;
17.24 	(2) identify licensing requirements that have led to the closure of family child care 
17.25 	programs and recommend business development and technical assistance resources to 
17.26 	promote provider recruitment and retention;
17.27 	(3) identify family child care licensing alternatives, including permitting multiple family 
17.28 	child care providers to operate in a commercial or other building other than the providers' 
17.29 	residences;
17.30 	(4) identify and recommend family child care regulatory reforms to improve licensing 
17.31 	efficiencies, including a variance structure and updated child ratios; and
18.1 	(5) review Parent Aware program participation and identify obstacles and improvements.
18.2 		Subd. 4.Officers; meetings. (a) The task force must elect a chair and vice-chair from 
18.3 	among its members and may elect other officers as necessary.
18.4 	(b) The task force must meet at least monthly. The commissioner of human services 
18.5 	must convene the first meeting no later than August 1, 2019.
18.6 	(c) The task force is subject to the Minnesota Open Meeting Law under Minnesota 
18.7 	Statutes, chapter 13D.
18.8 		Subd. 5.Staff. The Office of Inspector General from the Department of Human Services 
18.9 	must provide staff assistance and meeting space to support the task force as needed.
18.10 		Subd. 6.Report required. No later than March 1, 2020, the task force must submit a 
18.11 	written report to the chairs and ranking minority members of the legislative committees 
18.12 	with jurisdiction over child care regarding each of the duties under subdivision 3 describing 
18.13 	the work of the task force and its recommendations.
18.14 		Subd. 7.Expiration. The task force expires upon submission of the report in subdivision 
18.15 	6 or March 1, 2020, whichever is later.

18.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

18.17 	Sec. 23. INSTRUCTION TO COMMISSIONER; REVIEW OF CHILD CARE 
18.18 	LICENSING AND BACKGROUND STUDY PROVISIONS.
 18.19 	The commissioner of human services shall review existing statutes and rules relating to 
18.20 	child care licensing and background study requirements and propose legislation for the 2020 
18.21 	legislative session that eliminates unnecessary and duplicative record keeping or 
18.22 	documentation requirements for child care providers. The commissioner shall also establish 
18.23 	a process for child care providers to electronically submit requested information to the 
18.24 	commissioner.

18.25 	Sec. 24. APPROPRIATION; FAMILY CHILD CARE TASK FORCE.
 18.26 	$75,000 in fiscal year 2020 is appropriated from the general fund to the commissioner 
18.27 	of human services for the Family Child Care Task Force under section 22.

19.1 	Sec. 25. APPROPRIATION; OMBUDSPERSON FOR CHILD CARE PROVIDERS.
 19.2 	$114,000 in fiscal year 2020 and $120,000 in fiscal year 2021 are appropriated from the 
19.3 	general fund to the commissioner of human services for the ombudsperson for child care 
19.4 	providers under Minnesota Statutes, section 245A.60.

19.5 	EFFECTIVE DATE. This section is effective July 1, 2019.

19.6 	Sec. 26. APPROPRIATION; CHILD CARE PROVIDER GRANTS.
 19.7 	(a) $649,000 in fiscal year 2020 is appropriated from the general fund to the commissioner 
19.8 	of employment and economic development for grants to local communities to increase the 
19.9 	supply of quality child care providers to support economic development. At least 60 percent 
19.10 	of grant funds must go to communities located outside of the seven-county metropolitan 
19.11 	area as defined under Minnesota Statutes, section 473.121, subdivision 2. Grant recipients 
19.12 	must obtain a 50 percent nonstate match to grant funds in either cash or in-kind contributions. 
19.13 	Grant funds available under this section must be used to implement projects to reduce the 
19.14 	child care shortage in the state, including but not limited to funding for child care business 
19.15 	start-ups or expansion, training, facility modifications or improvements required for licensing, 
19.16 	and assistance with licensing and other regulatory requirements. In awarding grants, the 
19.17 	commissioner must give priority to communities that have demonstrated a shortage of child 
19.18 	care providers in the area. This is a onetime appropriation.
19.19 	(b) Within one year of receiving grant funds, grant recipients must report to the 
19.20 	commissioner on the outcomes of the grant program, including but not limited to the number 
19.21 	of new providers, the number of additional child care provider jobs created, the number of 
19.22 	additional child care slots, and the amount of cash and in-kind local funds invested.

19.23 	Sec. 27. APPROPRIATION; CHILD CARE BUSINESS TRAINING PROGRAM.
 19.24 	$140,000 in fiscal year 2020 is appropriated from the general fund to the commissioner 
19.25 	of employment and economic development for a grant, through a competitive bidding 
19.26 	process, to a nonprofit organization with expertise in small business advising to operate a 
19.27 	business training program for child care providers and to create materials that could be used, 
19.28 	free of charge, for start-up, expansion, and operation of child care businesses statewide, 
19.29 	with the goal of helping new and existing child care businesses in underserved areas of the 
19.30 	state become profitable and sustainable. The commissioner shall report data on outcomes 
19.31 	and recommendations for replication of this training program throughout Minnesota to the 
19.32 	governor and the committees of the house of representatives and the senate with jurisdiction 
20.1 	over child care by December 15, 2021. This is a onetime appropriation and is available until 
20.2 	June 30, 2021.

20.3 	Sec. 28. APPROPRIATION; MINNESOTA INITIATIVE FOUNDATIONS.
 20.4 	(a) $2,000,000 in fiscal year 2020 is appropriated from the general fund to the 
20.5 	commissioner of employment and economic development for a grant to the Minnesota 
20.6 	Initiative Foundations. This is a onetime appropriation and is available until June 30, 2023.
20.7 	(b) The Minnesota Initiative Foundations must use grant funds under this section to:
20.8 	(1) facilitate planning processes for rural communities resulting in a community solution 
20.9 	action plan that guides decision making to sustain and increase the supply of quality child 
20.10 	care in the region to support economic development;
20.11 	(2) engage the private sector to invest local resources to support the community solution 
20.12 	action plan and ensure quality child care is a vital component of additional regional economic 
20.13 	development planning processes;
20.14 	(3) provide locally based training and technical assistance to rural child care business 
20.15 	owners through a learning cohort. Access to financial and business development assistance 
20.16 	must prepare child care businesses for quality engagement and improvement by stabilizing 
20.17 	operations, leveraging funding from other sources, and fostering business acumen that 
20.18 	allows child care businesses to plan for and afford the cost of providing quality child care; 
20.19 	and
20.20 	(4) recruit child care programs to participate in Parent Aware, Minnesota's quality and 
20.21 	improvement rating system, by providing targeted resources designed to encourage high 
20.22 	levels of participation in Parent Aware. The Minnesota Initiative Foundations must work 
20.23 	with local partners to provide low-cost training, professional development opportunities, 
20.24 	and continuing education curricula. The Minnesota Initiative Foundations must fund, through 
20.25 	local partners, an enhanced level of coaching to rural child care providers to obtain a quality 
20.26 	rating through Parent Aware.

20.27 	Sec. 29. REVISOR INSTRUCTION; MINNESOTA RULES, CHAPTER 9502.
 20.28 	The revisor of statutes, in consultation with the House Research Department, Office of 
20.29 	Senate Counsel, Research and Fiscal Analysis, and the Department of Human Services shall 
20.30 	prepare legislation for the 2020 legislative session to repeal and enact as statutes Minnesota 
20.31 	Rules, chapter 9502, and recodify Minnesota Statutes sections governing licensing of child 
21.1 	care facilities. The revisor of statutes shall provide a courtesy copy of the proposed legislation 
21.2 	to the chief authors in the house of representatives and senate of this act.

21.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

21.4 	Sec. 30. REVISOR INSTRUCTION; MINNESOTA RULES, CHAPTER 9503.
 21.5 	The revisor of statutes, in consultation with the House Research Department, Office of 
21.6 	Senate Counsel, Research and Fiscal Analysis, and the Department of Human Services shall 
21.7 	prepare legislation for the 2020 legislative session to repeal and enact as statutes Minnesota 
21.8 	Rules, chapter 9503, and recodify Minnesota Statutes sections governing licensing of child 
21.9 	care facilities. The revisor of statutes shall provide a courtesy copy of the proposed legislation 
21.10 	to the chief authors in the house of representatives and senate of this act.

21.11 	EFFECTIVE DATE. This section is effective the day following final enactment.

21.12 	Sec. 31. REVISOR INSTRUCTION; RECODIFY MINNESOTA STATUTES, 
21.13 	CHAPTER 245A; RECODIFY MINNESOTA RULES, CHAPTER 9502.
 21.14 	The revisor of statutes, in consultation with the House Research Department, Office of 
21.15 	Senate Counsel, Research and Fiscal Analysis, and Department of Human Services, shall 
21.16 	prepare legislation for the 2020 legislative session to: (1) recodify Minnesota Statutes, 
21.17 	chapter 245A; and (2) repeal and enact as statutes the rules governing day care facility 
21.18 	licensing in Minnesota Rules, chapter 9502.