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; reforming child care provider licensing inspections; establishing 
1.7 	an abbreviated inspection process for qualifying child care providers; establishing 
1.8 	risk-based violation levels and corresponding enforcement actions; directing the 
1.9 	commissioner of human services to assign rules and statutory provisions to violation 
1.10 	risk levels; directing the commissioner of human services to develop key indicators 
1.11 	that predict full compliance for use in abbreviated inspections; authorizing 
1.12 	additional special family child care home licenses; modifying requirements for 
1.13 	drinking water in child care centers; modifying family child care program training 
1.14 	requirements; directing the commissioner of human services to develop an annual 
1.15 	refresher training for family child care providers; clarifying and extending child 
1.16 	care training timelines; exempting certain individuals from child care training 
1.17 	requirements; modifying family child care emergency preparedness plan 
1.18 	requirements; creating the Office of Ombudsperson for Child Care Providers; 
1.19 	providing appointments; increasing time a child care substitute can provide care; 
1.20 	establishing Family Child Care Working Group; directing commissioner of human 
1.21 	services to streamline child care licensing and background study record 
1.22 	requirements; directing the commissioner of human services to codify certain rules 
1.23 	and propose legislation re-codifying chapter 245A; requiring reports; appropriating 
1.24 	money;amending Minnesota Statutes 2018, sections 245A.04, subdivision 4, by 
1.25 	adding a subdivision; 245A.06, subdivision 1, by adding a subdivision; 245A.065; 
1.26 	245A.14, subdivision 4, by adding a subdivision; 245A.16, subdivision 1; 245A.50, 
1.27 	subdivisions 1, 2, 3, 4, 5, 6, 7, 9, by adding subdivisions; 245A.51, subdivision 3; 
1.28 	proposing coding for new law in Minnesota Statutes, chapter 245A.
1.29 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.30 	Section 1. Minnesota Statutes 2018, section 245A.04, subdivision 4, is amended to read:
1.31 		Subd. 4.Inspections; waiver. (a) Before issuing an initial license, the commissioner 
1.32 	shall conduct an inspection of the program. The inspection must include but is not limited 
1.33 	to:
2.1 	(1) an inspection of the physical plant;
2.2 	(2) an inspection of records and documents;
2.3 	(3) an evaluation of the program by consumers of the program;
2.4 	(4) observation of the program in operation; and
2.5 	(5) an inspection for the health, safety, and fire standards in licensing requirements for 
2.6 	a child care license holder.
2.7 	For the purposes of this subdivision, "consumer" means a person who receives the 
2.8 	services of a licensed program, the person's legal guardian, or the parent or individual having 
2.9 	legal custody of a child who receives the services of a licensed program.
2.10 	(b) The evaluation required in paragraph (a), clause (3), or the observation in paragraph 
2.11 	(a), clause (4), is not required prior to issuing an initial license under subdivision 7. If the 
2.12 	commissioner issues an initial license under subdivision 7, these requirements must be 
2.13 	completed within one year after the issuance of an initial license.
2.14 	(c) Before completing a licensing inspection in a family child care program or child care 
2.15 	center, the licensing agency must offer the license holder an exit interview to discuss all
2.16 	violations of law or rule observed during the inspection and offer technical assistance on 
2.17 	how to comply with applicable laws and rules. The commissioner shall not issue a correction 
2.18 	order or negative action for violations of law or rule not discussed in an exit interview.
2.19 	Nothing in this paragraph limits the ability of the commissioner to issue a correction order 
2.20 	or negative action for violations of law or rule not discussed in an exit interview or in the 
2.21 	event that a license holder chooses not to participate in an exit interview.
2.22 	(d) The commissioner or the county shall inspect at least annually a child care provider 
2.23 	licensed under this chapter and Minnesota Rules, chapter 9502 or 9503, for compliance 
2.24 	with applicable licensing standards. Inspections of family child care providers shall be 
2.25 	conducted in accordance with section 245A.055. It shall not constitute a violation of rule 
2.26 	or statute for an individual who is related to a licensed family child care provider as defined 
2.27 	in section 245A.02, subdivision 13, to be present in the residence during business hours, 
2.28 	unless the individual provides sufficient hours or days of child care services for statutory 
2.29 	training requirements to apply, or the spouse is designated to be a caregiver, helper, or 
2.30 	substitute in the family child care program.
2.31 	(e) No later than November 19, 2017, the commissioner shall make publicly available 
2.32 	on the department's website the results of inspection reports of all child care providers 
2.33 	licensed under this chapter and under Minnesota Rules, chapter 9502 or 9503, and the 
3.1 	number of deaths, serious injuries, and instances of substantiated child maltreatment that 
3.2 	occurred in licensed child care settings each year.

3.3 	EFFECTIVE DATE. This section is effective the day following final enactment, with 
3.4 	the exception that the requirement for inspections of family child care centers to be conducted 
3.5 	in accordance with section 245A.055 is effective July 1, 2020.

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

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

3.18 	Sec. 3. [245A.055] FAMILY CHILD CARE PROVIDER INSPECTIONS.
3.19 		Subdivision 1.Inspections. The commissioner shall conduct inspections of each family 
3.20 	child care provider pursuant to section 245A.04, subdivision 4, paragraph (d).
3.21 		Subd. 2.Types of child care licensing inspections. (a) "Initial inspection" means an 
3.22 	inspection before issuing an initial license under section 245A.04, subdivision 4, paragraph 
3.23 	(a).
3.24 	(b) "Full inspection" means the inspection of a family child care provider to determine 
3.25 	ongoing compliance with all applicable legal requirements for family child care providers. 
3.26 	A full inspection shall be conducted for temporary provisional licensees and for providers 
3.27 	who do not meet the requirements needed for an abbreviated inspection.
3.28 	(c) "Abbreviated inspection" means the inspection of a family child care provider to 
3.29 	determine ongoing compliance with key indicators that statistically predict compliance with 
3.30 	all applicable legal requirements for family child care providers. Abbreviated inspections 
3.31 	are available for family child care providers who have been licensed for at least three years 
3.32 	with the latest inspection finding no Level 4 violations. Providers must also not have had 
4.1 	any substantiated licensing complaints that amount to a Level 4 violation, substantiated 
4.2 	complaints of maltreatment, or sanctions under section 245A.07 in the past three years. If 
4.3 	a county licensor finds that the provider has failed to comply with any key indicator during 
4.4 	an abbreviated inspection, the county licensor shall immediately conduct a full inspection.
4.5 	(d) "Follow-up inspection" means a full inspection conducted following an inspection 
4.6 	that found more than one Level 4 violation.
4.7 		Subd. 3.Enforcement actions. (a) Except where required by federal law, enforcement 
4.8 	actions under this subdivision may be taken based on the risk level of the violation as follows:
4.9 	(1) Level 1: a violation that presents no risk of harm or minimal risk of harm, warranting 
4.10 	verbal technical assistance under section 245A.066, subdivision 1;
4.11 	(2) Level 2: a violation that presents a low risk of harm, warranting issuance of a technical 
4.12 	assistance notice under section 245A.065, subdivision 2;
4.13 	(3) Level 3: a violation that presents a moderate risk of harm, warranting issuance of a 
4.14 	fix-it ticket under section 245A.065; and
4.15 	(4) Level 4: a violation that presents a substantial risk of harm, warranting issuance of 
4.16 	a correction order or conditional license under section 245A.06.
4.17 	(b) The commissioner shall, following consultation with family child care license holders, 
4.18 	parents, and county agencies, issue a report by January 1, 2020, that identifies the violations 
4.19 	of this chapter and Minnesota Rules, chapter 9502, that constitute Level 1, Level 2, Level 
4.20 	3, or Level 4 violations based on the schedule in paragraph (a). The commissioner shall 
4.21 	also identify the rules and statutes that may be violated at more than one risk level, such 
4.22 	that the county licensor may assign the violation a risk level according to the licensor's 
4.23 	discretion during an inspection. The report shall also identify all rules and statutory provisions 
4.24 	that must be enforced in accordance with federal law. The commissioner shall provide the 
4.25 	report to county agencies and the chairs and ranking minority members of the legislative 
4.26 	committees with jurisdiction over child care, and shall post the report to the department's 
4.27 	website. By July 1, 2020, the commissioner shall develop, distribute, and provide training 
4.28 	on guidelines on the use of the risk-based violation levels in paragraph (a) during family 
4.29 	child care provider inspections.
4.30 		Subd. 4.Follow-up inspections. If, upon inspection, the commissioner finds more than 
4.31 	one Level 4 violation, the commissioner shall conduct a follow-up inspection within six 
4.32 	months. The date of the follow-up inspection does not alter the provider's annual inspection 
4.33 	date.

5.1 	EFFECTIVE DATE. This section is effective July 1, 2020, with the exception that 
5.2 	subdivision 3, paragraph (b), is effective the day following final enactment.

5.3 	Sec. 4. Minnesota Statutes 2018, section 245A.06, subdivision 1, is amended to read:
5.4 		Subdivision 1.Contents of correction orders and conditional licenses. (a) Except as 
5.5 	provided in paragraph (c), if the commissioner finds that the applicant or license holder has 
5.6 	failed to comply with an applicable law or rule and this failure does not imminently endanger 
5.7 	the health, safety, or rights of the persons served by the program, the commissioner may 
5.8 	issue a correction order and an order of conditional license to the applicant or license holder. 
5.9 	When issuing a conditional license, the commissioner shall consider the nature, chronicity, 
5.10 	or severity of the violation of law or rule and the effect of the violation on the health, safety, 
5.11 	or rights of persons served by the program. The correction order or conditional license must 
5.12 	state the following in plain language:
5.13 	(1) the conditions that constitute a violation of the law or rule;
5.14 	(2) the specific law or rule violated;
5.15 	(3) the time allowed to correct each violation; and
5.16 	(4) if a license is made conditional, the length and terms of the conditional license, and 
5.17 	the reasons for making the license conditional.
5.18 	(b) Nothing in this section prohibits the commissioner from proposing a sanction as 
5.19 	specified in section 245A.07, prior to issuing a correction order or conditional license.
5.20 	(c) For family child care license holders, the commissioner may issue a correction order 
5.21 	or conditional license as provided in this section if, upon inspection, the commissioner finds 
5.22 	a Level 4 violation as provided in section 245A.055, subdivision 3, or if a child care provider 
5.23 	fails to correct a Level 3 violation as required under section 245A.065, paragraph (e).

5.24 	EFFECTIVE DATE. This section is effective July 1, 2020.

5.25 	Sec. 5. Minnesota Statutes 2018, section 245A.06, is amended by adding a subdivision to 
5.26 	read:
5.27 		Subd. 10.Licensing interpretation disputes. When a county licensor and child care 
5.28 	provider dispute the interpretation of a licensing requirement, a county licensor must seek 
5.29 	clarification from the Department of Human Services in writing before issuing a correction 
5.30 	order related to the disputed interpretation. The license holder must be included in all 
5.31 	correspondence between the county and the Department of Human Services regarding the 
6.1 	dispute. The provider must be given the opportunity to contribute pertinent information that 
6.2 	may impact the decision by the Department of Human Services.

6.3 	Sec. 6. Minnesota Statutes 2018, section 245A.065, is amended to read:
6.4 	245A.065 CHILD CARE FIX-IT TICKET.
6.5 	(a) In lieu of a correction order under section 245A.06, The commissioner shall may
6.6 	issue a fix-it ticket to a family child care or child care center license holder if, upon 
6.7 	inspection, the commissioner finds that:
6.8 	(1) the license holder has failed to comply with a requirement in this chapter or Minnesota 
6.9 	Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it 
6.10 	ticket;
6.11 	(2) the violation does not imminently endanger the health, safety, or rights of the persons 
6.12 	served by the program;
6.13 	(3) the license holder did not receive a fix-it ticket or correction order for the violation 
6.14 	at the license holder's last licensing inspection;
6.15 	(4) the violation can be corrected at the time of inspection or within 48 hours, excluding 
6.16 	Saturdays, Sundays, and holidays; and
6.17 	(5) the license holder corrects the violation at the time of inspection or agrees to correct 
6.18 	the violation within 48 hours, excluding Saturdays, Sundays, and holidays.
6.19 	(b) The commissioner may issue a fix-it ticket to a family child care license holder if, 
6.20 	upon inspection, the commissioner finds  a Level 3 violation as provided in section 245A.055, 
6.21 	subdivision 3.
6.22 	(c) The fix-it ticket must state:
6.23 	(1) the conditions that constitute a violation of the law or rule;
6.24 	(2) the specific law or rule violated; and
6.25 	(3) that the violation was corrected at the time of inspection or must be corrected within 
6.26 	48 hours, excluding Saturdays, Sundays, and holidays.
6.27 	(c) (d) The commissioner shall not publicly publish a fix-it ticket on the department's 
6.28 	website, unless required by federal law.
6.29 	(d) (e) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it 
6.30 	ticket, the license holder must correct the violation and within one week submit evidence 
6.31 	to the licensing agency that the violation was corrected.
7.1 	(e) (f) If the violation is not corrected at the time of inspection or within 48 hours, 
7.2 	excluding Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to 
7.3 	establish that the license holder corrected the violation, the commissioner must may issue 
7.4 	a correction order for the violation of Minnesota law or rule identified in the fix-it ticket 
7.5 	according to section 245A.06.
7.6 	(f) The commissioner shall, following consultation with family child care license holders, 
7.7 	child care center license holders, and county agencies, issue a report by October 1, 2017, 
7.8 	that identifies the violations of this chapter and Minnesota Rules, chapters 9502 and 9503, 
7.9 	that are eligible for a fix-it ticket. The commissioner shall provide the report to county 
7.10 	agencies and the chairs and ranking minority members of the legislative committees with 
7.11 	jurisdiction over child care, and shall post the report to the department's website.

7.12 	EFFECTIVE DATE. This section is effective July 1, 2020.

7.13 	Sec. 7. [245A.066] CHILD CARE TECHNICAL ASSISTANCE.
7.14 		Subdivision 1.Verbal technical assistance. The commissioner may provide verbal 
7.15 	technical assistance to a family child care or child care center license holder if, upon 
7.16 	inspection, the commissioner finds a Level 1 violation as provided in section 245A.055, 
7.17 	subdivision 3.
7.18 		Subd. 2.Technical assistance notice. (a) The commissioner may issue a written technical 
7.19 	assistance notice to a family child care license holder if, upon inspection, the commissioner 
7.20 	finds a Level 2 violation as provided in section 245A.055, subdivision 3.
7.21 	(b) The technical assistance notice must state:
7.22 	(1) the conditions that constitute a violation of the law or rule;
7.23 	(2) the specific law or rule violated; and
7.24 	(3) examples of how to correct the violation.
7.25 	(c) The commissioner shall not publicly publish a written technical assistance notice on 
7.26 	the department's website, unless required by federal law.

7.27 	EFFECTIVE DATE. This section is effective July 1, 2020.

7.28 	Sec. 8. Minnesota Statutes 2018, section 245A.14, subdivision 4, is amended to read:
7.29 		Subd. 4.Special family day care homes. Nonresidential child care programs serving 
7.30 	14 or fewer children that are conducted at a location other than the license holder's own 
8.1 	residence shall be licensed under this section and the rules governing family day care or 
8.2 	group family day care if:
8.3 	(a) The license holder is the primary provider of care and the nonresidential child care 
8.4 	program is conducted in a dwelling that is located on a residential lot;
8.5 	(b) The license holder is an employer who may or may not be the primary provider of 
8.6 	care, and the purpose for the child care program is to provide child care services to children 
8.7 	of the license holder's employees;
8.8 	(c) The license holder is a church or religious organization;
8.9 	(d) The license holder is a community collaborative child care provider. For purposes 
8.10 	of this subdivision, a community collaborative child care provider is a provider participating 
8.11 	in a cooperative agreement with a community action agency as defined in section 256E.31;
8.12 	(e) The license holder is a not-for-profit agency that provides child care in a dwelling 
8.13 	located on a residential lot and the license holder maintains two or more contracts with 
8.14 	community employers or other community organizations to provide child care services. 
8.15 	The county licensing agency may grant a capacity variance to a license holder licensed 
8.16 	under this paragraph to exceed the licensed capacity of 14 children by no more than five 
8.17 	children during transition periods related to the work schedules of parents, if the license 
8.18 	holder meets the following requirements:
8.19 	(1) the program does not exceed a capacity of 14 children more than a cumulative total 
8.20 	of four hours per day;
8.21 	(2) the program meets a one to seven staff-to-child ratio during the variance period;
8.22 	(3) all employees receive at least an extra four hours of training per year than required 
8.23 	in the rules governing family child care each year;
8.24 	(4) the facility has square footage required per child under Minnesota Rules, part 
8.25 	9502.0425;
8.26 	(5) the program is in compliance with local zoning regulations;
8.27 	(6) the program is in compliance with the applicable fire code as follows:
8.28 	(i) if the program serves more than five children older than 2-1/2 years of age, but no 
8.29 	more than five children 2-1/2 years of age or less, the applicable fire code is educational 
8.30 	occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2003, 
8.31 	Section 202; or
9.1 	(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable 
9.2 	fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code 2003, 
9.3 	Section 202; and
9.4 	(7) any age and capacity limitations required by the fire code inspection and square 
9.5 	footage determinations shall be printed on the license; or
9.6 	(f) The license holder is the primary provider of care and has located the licensed child 
9.7 	care program in a commercial space, if the license holder meets the following requirements:
9.8 	(1) the program is in compliance with local zoning regulations;
9.9 	(2) the program is in compliance with the applicable fire code as follows:
9.10 	(i) if the program serves more than five children older than 2-1/2 years of age, but no 
9.11 	more than five children 2-1/2 years of age or less, the applicable fire code is educational 
9.12 	occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2003, 
9.13 	Section 202; or
9.14 	(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable 
9.15 	fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire Code 2003, 
9.16 	Section 202;
9.17 	(3) any age and capacity limitations required by the fire code inspection and square 
9.18 	footage determinations are printed on the license; and
9.19 	(4) the license holder prominently displays the license issued by the commissioner which 
9.20 	contains the statement "This special family child care provider is not licensed as a child 
9.21 	care center."; or
9.22 	(g) The license holder is the primary provider of care and has located the licensed child 
9.23 	care program in a portion of a building that is used exclusively for the purpose of providing 
9.24 	child care services, if the license holder meets the requirements in paragraph (f), clauses 
9.25 	(1) to (4), and if any available shared kitchen, bathroom, or other space that the provider 
9.26 	uses is separate from the indoor activity area used by the children.

9.27 	Sec. 9. Minnesota Statutes 2018, section 245A.14, is amended by adding a subdivision to 
9.28 	read:
9.29 		Subd. 16.Water bottles in child care centers. Notwithstanding Minnesota Rules, part 
9.30 	9503.0145, subpart 8, a child care center may provide drinking water for children in 
9.31 	individual covered water bottles, labeled with the child's name. Water bottles provided by 
10.1 	the child care center must be washed, rinsed, and sanitized daily after use and stored clean 
10.2 	and dry in a manner that protects them from contamination.

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

10.4 	Sec. 10. Minnesota Statutes 2018, section 245A.16, subdivision 1, is amended to read:
10.5 		Subdivision 1.Delegation of authority to agencies. (a) County agencies and private 
10.6 	agencies that have been designated or licensed by the commissioner to perform licensing 
10.7 	functions and activities under section 245A.04 and background studies for family child care 
10.8 	under chapter 245C; to recommend denial of applicants under section 245A.05; to issue 
10.9 	correction orders, to issue variances, and recommend a conditional license under section 
10.10 	245A.06; or to recommend suspending or revoking a license or issuing a fine under section 
10.11 	245A.07, shall comply with rules and directives of the commissioner governing those 
10.12 	functions and with this section. The following variances are excluded from the delegation 
10.13 	of variance authority and may be issued only by the commissioner:
10.14 	(1) dual licensure of family child care and child foster care, dual licensure of child and 
10.15 	adult foster care, and adult foster care and family child care;
10.16 	(2) adult foster care maximum capacity;
10.17 	(3) adult foster care minimum age requirement;
10.18 	(4) child foster care maximum age requirement;
10.19 	(5) variances regarding disqualified individuals except that, before the implementation 
10.20 	of NETStudy 2.0, county agencies may issue variances under section 245C.30 regarding 
10.21 	disqualified individuals when the county is responsible for conducting a consolidated 
10.22 	reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and 
10.23 	(b), of a county maltreatment determination and a disqualification based on serious or 
10.24 	recurring maltreatment;
10.25 	(6) the required presence of a caregiver in the adult foster care residence during normal 
10.26 	sleeping hours; and
10.27 	(7) variances to requirements relating to chemical use problems of a license holder or a 
10.28 	household member of a license holder.
10.29 	Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must 
10.30 	not grant a license holder a variance to exceed the maximum allowable family child care 
10.31 	license capacity of 14 children.
11.1 	(b) Before the implementation of NETStudy 2.0, county agencies must report information 
11.2 	about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision 
11.3 	2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the 
11.4 	commissioner at least monthly in a format prescribed by the commissioner.
11.5 	(c) For family child care programs, the commissioner shall require a county agency to 
11.6 	conduct one unannounced licensing review inspection at least annually.
11.7 	(d) For family adult day services programs, the commissioner may authorize licensing 
11.8 	reviews every two years after a licensee has had at least one annual review.
11.9 	(e) A license issued under this section may be issued for up to two years.
11.10 	(f) During implementation of chapter 245D, the commissioner shall consider:
11.11 	(1) the role of counties in quality assurance;
11.12 	(2) the duties of county licensing staff; and
11.13 	(3) the possible use of joint powers agreements, according to section 471.59, with counties 
11.14 	through which some licensing duties under chapter 245D may be delegated by the 
11.15 	commissioner to the counties.
11.16 	Any consideration related to this paragraph must meet all of the requirements of the corrective 
11.17 	action plan ordered by the federal Centers for Medicare and Medicaid Services.
11.18 	(g) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or 
11.19 	successor provisions; and section 245D.061 or successor provisions, for family child foster 
11.20 	care programs providing out-of-home respite, as identified in section 245D.03, subdivision 
11.21 	1, paragraph (b), clause (1), is excluded from the delegation of authority to county and 
11.22 	private agencies.
11.23 	(h) A county agency shall report to the commissioner, in a manner prescribed by the 
11.24 	commissioner, the following information for a licensed family child care program:
11.25 	(1) the results of each licensing review inspection completed, including the date of the 
11.26 	review inspection, and any licensing correction order issued; and
11.27 	(2) any death, serious injury, or determination of substantiated maltreatment.

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

11.29 	Sec. 11. Minnesota Statutes 2018, section 245A.50, subdivision 1, is amended to read:
11.30 		Subdivision 1.Initial training. (a) License holders, caregivers, and substitutes must 
11.31 	comply with the training requirements in this section.
12.1 	(b) Helpers who assist with care on a regular basis must complete six hours of training 
12.2 	within one year after the date of initial employment.
12.3 	(c) Training requirements established under this section that must be completed prior 
12.4 	to initial licensure must be satisfied only by a newly licensed child care provider or by a 
12.5 	child care provider who has not held an active child care license in Minnesota in the previous 
12.6 	12 months. A child care provider who relocates within the state or who voluntarily cancels 
12.7 	a license or allows the license to lapse for a period of less than 12 months and who seeks 
12.8 	reinstatement of the lapsed or canceled license within 12 months of the lapse or cancellation 
12.9 	must satisfy the annual, ongoing training requirements, and is not required to satisfy the 
12.10 	training requirements that must be completed prior to initial licensure. A child care provider 
12.11 	who relocates within the state must (1) satisfy the annual, ongoing training requirements 
12.12 	according to the schedules established in this section and (2) not be required to satisfy the 
12.13 	training requirements under this section that the child care provider completed prior to initial 
12.14 	licensure. If a licensed provider moves to a new county, the new county is prohibited from 
12.15 	requiring the provider to complete any orientation class or training for new providers.

12.16 	Sec. 12. Minnesota Statutes 2018, section 245A.50, subdivision 2, is amended to read:
12.17 		Subd. 2.Child development and learning and behavior guidance training. (a) For 
12.18 	purposes of family and group family child care, the license holder and each adult caregiver 
12.19 	who provides care in the licensed setting for more than 30 days in any 12-month period 
12.20 	shall complete and document at least four hours of child growth and learning and behavior 
12.21 	guidance training prior to initial licensure, and before caring for children. For purposes of 
12.22 	this subdivision, "child development and learning training" means training in understanding 
12.23 	how children develop physically, cognitively, emotionally, and socially and learn as part 
12.24 	of the children's family, culture, and community. "Behavior guidance training" means 
12.25 	training in the understanding of the functions of child behavior and strategies for managing 
12.26 	challenging situations. At least two hours of child development and learning or behavior 
12.27 	guidance training must be repeated annually.The training curriculum shall be developed 
12.28 	or approved by the commissioner of human services.
12.29 	(b) Notwithstanding paragraph (a), individuals are exempt from this requirement if they:
12.30 	(1) have taken a three-credit course on early childhood development within the past five 
12.31 	years;
12.32 	(2) have received a baccalaureate or master's degree in early childhood education or 
12.33 	school-age child care within the past five years;
13.1 	(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator, 
13.2 	a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special 
13.3 	education teacher, or an elementary teacher with a kindergarten endorsement; or
13.4 	(4) have received a baccalaureate degree with a Montessori certificate within the past 
13.5 	five years.

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

13.7 	Sec. 13. Minnesota Statutes 2018, section 245A.50, subdivision 3, is amended to read:
13.8 		Subd. 3.First aid. (a) When children are present in a family child care home governed 
13.9 	by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person must be present 
13.10 	in the home who has been trained in first aid. The first aid training must have been provided 
13.11 	by an individual approved to provide first aid instruction. First aid training may be less than 
13.12 	eight hours and persons qualified to provide first aid training include individuals approved 
13.13 	as first aid instructors. First aid training must be repeated every two years before the license 
13.14 	holder's license expires in the second year after the prior first aid training.
13.15 	(b) A family child care provider is exempt from the first aid training requirements under 
13.16 	this subdivision related to any substitute caregiver who provides less than 30 hours of care 
13.17 	during any 12-month period.
13.18 	(c) Video training reviewed and approved by the county licensing agency satisfies the 
13.19 	training requirement of this subdivision.

13.20 	Sec. 14. Minnesota Statutes 2018, section 245A.50, subdivision 4, is amended to read:
13.21 		Subd. 4.Cardiopulmonary resuscitation. (a) When children are present in a family 
13.22 	child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one 
13.23 	caregiver must be present in the home who has been trained in cardiopulmonary resuscitation 
13.24 	(CPR), including CPR techniques for infants and children, and in the treatment of obstructed 
13.25 	airways. The CPR training must have been provided by an individual approved to provide 
13.26 	CPR instruction, must be repeated at least once every two years before the license holder's 
13.27 	license expires in the second year after the prior CPR training, and must be documented in 
13.28 	the caregiver's records.
13.29 	(b) A family child care provider is exempt from the CPR training requirement in this 
13.30 	subdivision related to any substitute caregiver who provides less than 30 hours of care during 
13.31 	any 12-month period.
13.32 	(c) Persons providing CPR training must use CPR training that has been developed:
14.1 	(1) by the American Heart Association or the American Red Cross and incorporates 
14.2 	psychomotor skills to support the instruction; or
14.3 	(2) using nationally recognized, evidence-based guidelines for CPR training and 
14.4 	incorporates psychomotor skills to support the instruction.

14.5 	Sec. 15. Minnesota Statutes 2018, section 245A.50, subdivision 5, is amended to read:
14.6 		Subd. 5.Sudden unexpected infant death and abusive head trauma training. (a) 
14.7 	License holders must document that before staff persons, caregivers, and helpers assist in 
14.8 	the care of infants, they are instructed on the standards in section 245A.1435 and receive 
14.9 	training on reducing the risk of sudden unexpected infant death. In addition, license holders 
14.10 	must document that before staff persons, caregivers, and helpers assist in the care of infants 
14.11 	and children under school age, they receive training on reducing the risk of abusive head 
14.12 	trauma from shaking infants and young children. The training in this subdivision may be 
14.13 	provided as initial training under subdivision 1 or ongoing annual training under subdivision 
14.14 	7.
14.15 	(b) Sudden unexpected infant death reduction training required under this subdivision 
14.16 	must, at a minimum, address the risk factors related to sudden unexpected infant death, 
14.17 	means of reducing the risk of sudden unexpected infant death in child care, and license 
14.18 	holder communication with parents regarding reducing the risk of sudden unexpected infant 
14.19 	death.
14.20 	(c) Abusive head trauma training required under this subdivision must, at a minimum, 
14.21 	address the risk factors related to shaking infants and young children, means of reducing 
14.22 	the risk of abusive head trauma in child care, and license holder communication with parents 
14.23 	regarding reducing the risk of abusive head trauma.
14.24 	(d) Training for family and group family child care providers must be developed by the 
14.25 	commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved 
14.26 	by the Minnesota Center for Professional Development. Sudden unexpected infant death 
14.27 	reduction training and abusive head trauma training may be provided in a single course of 
14.28 	no more than two hours in length.
14.29 	(e) Sudden unexpected infant death reduction training and abusive head trauma training 
14.30 	required under this subdivision must be completed in person or as allowed under subdivision 
14.31 	10, clause (1) or (2), at least once every two years  before the license holder's license expires 
14.32 	in the second year after the prior sudden unexpected infant death reduction training and 
14.33 	abusive head trauma training. On the years when the license holder is not receiving training 
15.1 	in person or as allowed under subdivision 10, clause (1) or (2), the license holder must 
15.2 	receive sudden unexpected infant death reduction training and abusive head trauma training 
15.3 	through a video of no more than one hour in length. The video must be developed or approved 
15.4 	by the commissioner.
15.5 	(f) An individual who is related to the license holder as defined in section 245A.02, 
15.6 	subdivision 13, and who is involved only in the care of the license holder's own infant or 
15.7 	child under school age and who is not designated to be a caregiver, helper, or substitute, as 
15.8 	defined in Minnesota Rules, part 9502.0315, for the licensed program, is exempt from the 
15.9 	sudden unexpected infant death and abusive head trauma training.

15.10 	Sec. 16. Minnesota Statutes 2018, section 245A.50, subdivision 6, is amended to read:
15.11 		Subd. 6.Child passenger restraint systems; training requirement. (a) A license 
15.12 	holder must comply with all seat belt and child passenger restraint system requirements 
15.13 	under section 169.685.
15.14 	(b) Family and group family child care programs licensed by the Department of Human 
15.15 	Services that serve a child or children under nine eight years of age must document training 
15.16 	that fulfills the requirements in this subdivision.
15.17 	(1) Before a license holder, staff person, caregiver, or helper transports a child or children 
15.18 	under age nine eight in a motor vehicle, the person placing the child or children in a passenger 
15.19 	restraint must satisfactorily complete training on the proper use and installation of child 
15.20 	restraint systems in motor vehicles. Training completed under this subdivision may be used 
15.21 	to meet initial training under subdivision 1 or ongoing training under subdivision 7.
15.22 	(2) Training required under this subdivision must be at least one hour in length, completed 
15.23 	at initial training, and repeated at least once every five years before the license holder's 
15.24 	license expires in the fifth year after the prior child passenger restraint system training. At 
15.25 	a minimum, the training must address the proper use of child restraint systems based on the 
15.26 	child's size, weight, and age, and the proper installation of a car seat or booster seat in the 
15.27 	motor vehicle used by the license holder to transport the child or children.
15.28 	(3) Training under this subdivision must be provided by individuals who are certified 
15.29 	and approved by the Department of Public Safety, Office of Traffic Safety. License holders 
15.30 	may obtain a list of certified and approved trainers through the Department of Public Safety 
15.31 	website or by contacting the agency.
16.1 	(c) Child care providers that only transport school-age children as defined in section 
16.2 	245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448, 
16.3 	subdivision 1, paragraph (e), are exempt from this subdivision.

16.4 	Sec. 17. Minnesota Statutes 2018, section 245A.50, subdivision 7, is amended to read:
16.5 		Subd. 7.Training requirements for family and group family child care. For purposes 
16.6 	of family and group family child care, the license holder and each primary caregiver must 
16.7 	complete 16 ten hours of ongoing training each year. For purposes of this subdivision, a 
16.8 	primary caregiver is an adult caregiver who provides services in the licensed setting for 
16.9 	more than 30 days in any 12-month period. Repeat of topical training requirements in 
16.10 	subdivisions 2 to 8, and the annual refresher training course in subdivision 12, shall count 
16.11 	toward the annual 16-hour ten-hour training requirement. Additional ongoing training 
16.12 	subjects to meet the annual 16-hour ten-hour training requirement must be selected from 
16.13 	the following areas:
16.14 	(1) child development and learning training under subdivision 2, paragraph (a);
16.15 	(2) developmentally appropriate learning experiences, including training in creating 
16.16 	positive learning experiences, promoting cognitive development, promoting social and 
16.17 	emotional development, promoting physical development, promoting creative development; 
16.18 	and behavior guidance;
16.19 	(3) relationships with families, including training in building a positive, respectful 
16.20 	relationship with the child's family;
16.21 	(4) assessment, evaluation, and individualization, including training in observing, 
16.22 	recording, and assessing development; assessing and using information to plan; and assessing 
16.23 	and using information to enhance and maintain program quality;
16.24 	(5) historical and contemporary development of early childhood education, including 
16.25 	training in past and current practices in early childhood education and how current events 
16.26 	and issues affect children, families, and programs;
16.27 	(6) professionalism, including training in knowledge, skills, and abilities that promote 
16.28 	ongoing professional development; and
16.29 	(7) health, safety, and nutrition, including training in establishing healthy practices; 
16.30 	ensuring safety; and providing healthy nutrition.

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

17.1 	Sec. 18. Minnesota Statutes 2018, section 245A.50, subdivision 9, is amended to read:
17.2 		Subd. 9.Supervising for safety; training requirement. (a) Before initial licensure and 
17.3 	before caring for a child, all family child care license holders and each adult caregiver who 
17.4 	provides care in the licensed family child care home for more than 30 days in any 12-month 
17.5 	period shall complete and document the completion of the six-hour Supervising for Safety 
17.6 	for Family Child Care course developed by the commissioner.
17.7 	(b) The family child care license holder and each adult caregiver who provides care in 
17.8 	the licensed family child care home for more than 30 days in any 12-month period shall 
17.9 	complete and document: the completion of the two-hour courses Health and Safety I and 
17.10 	Health and Safety II at least once before the license holder's license expires in the fifth year 
17.11 	after the prior supervising for safety training.
17.12 	(1) the annual completion of a two-hour active supervision course developed by the 
17.13 	commissioner; and
17.14 	(2) the completion at least once every five years of the two-hour courses Health and 
17.15 	Safety I and Health and Safety II. A license holder's or adult caregiver's completion of either 
17.16 	training in a given year meets the annual active supervision training requirement in clause 
17.17 	(1).

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

17.19 	Sec. 19. Minnesota Statutes 2018, section 245A.50, is amended by adding a subdivision 
17.20 	to read:
17.21 		Subd. 12.Annual refresher training course. Beginning January 1, 2020, license holders, 
17.22 	staff persons, caregivers, substitutes, and helpers must complete an annual refresher training 
17.23 	course, as developed by the commissioner of human services. The annual refresher training 
17.24 	course must incorporate training on: (1) active supervision; (2) child development and 
17.25 	learning, and behavior guidance; and (3) any training required by the child care development 
17.26 	block grant. The annual refresher training course shall not exceed two hours. Providers may 
17.27 	complete the annual refresher training course online through self-study. Providers must 
17.28 	document completion of the annual refresher training course.

17.29 	Sec. 20. Minnesota Statutes 2018, section 245A.50, is amended by adding a subdivision 
17.30 	to read:
17.31 		Subd. 13.Related individual training exemption. An individual who is related to a 
17.32 	child in a child care program may care for or have contact with that child at the child care 
18.1 	site without completing the training requirements under this chapter, unless the individual 
18.2 	is designated to be a caregiver, helper, or substitute in the child care program.

18.3 	Sec. 21. Minnesota Statutes 2018, section 245A.50, is amended by adding a subdivision 
18.4 	to read:
18.5 		Subd. 14.Emergency substitute caregiver training exemption. During an emergency, 
18.6 	substitute caregivers are exempt from training requirements under this section.

18.7 	Sec. 22. Minnesota Statutes 2018, section 245A.51, subdivision 3, is amended to read:
18.8 		Subd. 3.Emergency preparedness plan. (a) No later than September 30, 2017, a 
18.9 	licensed family child care provider must have a written emergency preparedness plan for 
18.10 	emergencies that require evacuation, sheltering, or other protection of children, such as fire, 
18.11 	natural disaster, intruder, or other threatening situation that may pose a health or safety 
18.12 	hazard to children. The plan must be written on a form developed by the commissioner and 
18.13 	updated at least annually. The plan must include:
18.14 	(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
18.15 	(2) a designated relocation site and evacuation route;
18.16 	(3) procedures for notifying a child's parent or legal guardian of the evacuation, 
18.17 	shelter-in-place, or lockdown, including procedures for reunification with families;
18.18 	(4) accommodations for a child with a disability or a chronic medical condition;
18.19 	(5) procedures for storing a child's medically necessary medicine that facilitate easy 
18.20 	removal during an evacuation or relocation;
18.21 	(6) procedures for continuing operations in the period during and after a crisis; and
18.22 	(7) procedures for communicating with local emergency management officials, law 
18.23 	enforcement officials, or other appropriate state or local authorities.
18.24 	(b) The license holder must train caregivers before the caregiver provides care and at 
18.25 	least annually on the emergency preparedness plan and document completion of this training.
18.26 	(c) The license holder must conduct drills according to the requirements in Minnesota 
18.27 	Rules, part 9502.0435, subpart 8. The date and time of the drills must be documented.
18.28 	(d) The license holder must have the emergency preparedness plan available for review 
18.29 	and posted in a prominent location. The license holder must provide a physical or electronic 
18.30 	copy of the plan to the child's parent or legal guardian upon enrollment.

19.1 	Sec. 23. [245A.60] OMBUDSPERSON FOR CHILD CARE PROVIDERS.
19.2 		Subdivision 1.Appointment. The governor shall appoint an ombudsperson in the 
19.3 	classified service to assist child care providers, including family child care providers and 
19.4 	legal nonlicensed child care providers, with licensing, compliance, and other issues facing 
19.5 	child care providers. The ombudsperson must be selected without regard to the person's 
19.6 	political affiliation. The ombudsperson shall serve a term of two years and may be removed 
19.7 	prior to the end of the term for just cause.
19.8 		Subd. 2.Duties. (a) The ombudsperson's duties shall include:
19.9 	(1) addressing all areas of concern to child care providers related to the provision of 
19.10 	child care services, including licensing, correction orders, penalty assessments, complaint 
19.11 	investigations, and other interactions with agency staff;
19.12 	(2) assisting providers with interactions with county licensors and with appealing 
19.13 	correction orders;
19.14 	(3) providing recommendations for child care improvement or child care provider 
19.15 	education;
19.16 	(4) operating a telephone line to answer questions and provide guidance to child care 
19.17 	providers; and
19.18 	(5) assisting child care license applicants.
19.19 	(b) The ombudsperson must report annually by December 31 to the commissioner and 
19.20 	the chairs and ranking minority members of the legislative committees with jurisdiction 
19.21 	over child care on the services provided by the ombudsperson to child care providers, 
19.22 	including the number, types, and locations of child care providers served, and the activities 
19.23 	of the ombudsperson to carry out the duties under this section. The commissioner shall 
19.24 	determine the form of the report and may specify additional reporting requirements.
19.25 		Subd. 3.Staff. The ombudsperson may appoint and compensate out of available funds 
19.26 	a deputy, confidential secretary, and other employees in the unclassified service as authorized 
19.27 	by law. The ombudsperson and the full-time staff are members of the Minnesota State 
19.28 	Retirement Association. The ombudsperson may delegate to members of the staff any 
19.29 	authority or duties of the office except the duty to formally make recommendations to a 
19.30 	child care provider or reports to the commissioner or the legislature.
19.31 		Subd. 4.Access to records. (a) The ombudsperson or designee, excluding volunteers, 
19.32 	has access to data of a state agency necessary for the discharge of the ombudsperson's duties, 
19.33 	including records classified as confidential data on individuals or private data on individuals 
20.1 	under chapter 13 or any other law. The ombudsperson's data request must relate to a specific 
20.2 	case and is subject to section 13.03, subdivision 4. If the data concerns an individual, the 
20.3 	ombudsperson or designee shall first obtain the individual's consent. If the individual cannot 
20.4 	consent and has no legal guardian, then access to the data is authorized by this section.
20.5 	(b) On a quarterly basis, each state agency responsible for licensing, regulating, and 
20.6 	enforcing state and federal laws and regulations concerning child care providers must provide 
20.7 	the ombudsperson copies of all correction orders, penalty assessments, and complaint 
20.8 	investigation reports for all child care providers.
20.9 		Subd. 5.Independence of action. In carrying out the duties under this section, the 
20.10 	ombudsperson shall operate independently of the department and may provide testimony 
20.11 	or make periodic reports to the legislature to address areas of concern and advocate for child 
20.12 	care providers.
20.13 		Subd. 6.Civil actions. The ombudsperson or designee is not civilly liable for any action 
20.14 	taken under this section if the action was taken in good faith, was within the scope of the 
20.15 	ombudsperson's authority, and did not constitute willful or reckless misconduct.
20.16 		Subd. 7.Qualifications. The ombudsperson must be a person who has at least five years 
20.17 	of experience providing child care. The ombudsperson must be experienced in dealing with 
20.18 	governmental entities, interpretation of laws and regulations, investigations, record keeping, 
20.19 	report writing, public speaking, and management. A person is not eligible to serve as the 
20.20 	ombudsperson while holding public office and must not have been previously employed 
20.21 	by the Department of Human Services or as a county licensor.
20.22 		Subd. 8.Office support. The commissioner shall provide the ombudsperson with the 
20.23 	necessary office space, supplies, equipment, and clerical support to effectively perform the 
20.24 	duties under this section.
20.25 		Subd. 9.Posting. (a) The commissioner shall post on the department's website the address 
20.26 	and telephone number for the office of the ombudsperson. The commissioner shall provide 
20.27 	all child care providers with the address and telephone number of the office. Counties must 
20.28 	provide child care providers with the name, address, and telephone number of the office.
20.29 	(b) The ombudsperson must approve all posting and notice required by the department 
20.30 	and counties under this subdivision.

21.1 	Sec. 24. DIRECTION TO COMMISSIONER; ABBREVIATED INSPECTION 
21.2 	MODEL.
 21.3 	(a) By January 1, 2020, the commissioner of human services shall, following consultation 
21.4 	with family child care license holders, parents, and county agencies, develop the key 
21.5 	indicators for use in the abbreviated inspection process under Minnesota Statutes, section 
21.6 	245A.055, subdivision 2, paragraph (c), and report the results to the chairs and ranking 
21.7 	minority members of the legislative committees with jurisdiction over child care. In 
21.8 	developing the key indicators that predict full compliance with the statutes and rules 
21.9 	governing licensed child care providers, the commissioner shall utilize an empirically based 
21.10 	statistical methodology similar to the licensing key indicator systems as developed by the 
21.11 	National Association for Regulatory Administration and the Research Institute for Key 
21.12 	Indicators.
21.13 	(b) By July 1, 2020, the commissioner of human services shall develop, distribute, and 
21.14 	provide training to implement abbreviated inspections as described in Minnesota Statutes, 
21.15 	section 245A.055, subdivision 2, paragraph (c).

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

21.17 	Sec. 25. DIRECTION TO COMMISSIONER; CHILD CARE TRAINING 
21.18 	REQUIREMENTS.
 21.19 	(a) The commissioner of human services shall develop an annual refresher course as 
21.20 	described in Minnesota Statutes, section 245A.50, subdivision 12, for child care providers 
21.21 	who previously completed the training requirements under Minnesota Statutes, chapter 
21.22 	245A.
21.23 	(b) The commissioner must propose any necessary legislative changes to develop and 
21.24 	implement the annual refresher training course in paragraph (a) and to eliminate duplicative 
21.25 	training requirements for the 2020 legislative session.

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

21.27 	Sec. 26. DIRECTION TO COMMISSIONER; CORRECTION ORDER 
21.28 	ENFORCEMENT REVIEW.
 21.29 	By January 1, 2020, the commissioner of human services shall develop and implement 
21.30 	a process to review licensing inspection results provided under Minnesota Statutes, section 
21.31 	245A.16, subdivision 1, paragraph (h), clause (1), by county to identify trends in correction 
21.32 	order enforcement. The commissioner shall develop guidance and training as needed to 
22.1 	address any imbalance or inaccuracy in correction order enforcement. The commissioner 
22.2 	shall include the results in the annual report on child care under Minnesota Statutes, section 
22.3 	245A.153, provided that the results are limited to summary data as defined in Minnesota 
22.4 	Statutes, section 13.02, subdivision 19.

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

22.6 	Sec. 27. DIRECTION TO COMMISSIONER; SUBSTITUTE CAREGIVER 
22.7 	PERMISSION.
 22.8 	(a) The commissioner of human services shall amend Minnesota Rules, part 9502.0365, 
22.9 	subpart 5, to permit licensed providers to use substitute caregivers for a cumulative total of  
22.10 	720 hours in any 12-month period.
22.11 	(b) The commissioner of human services may use the good cause exemption under 
22.12 	Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this 
22.13 	section, and Minnesota Statutes, section 14.386, does not apply except as provided under 
22.14 	Minnesota Statutes, section 14.388.

22.15 	Sec. 28. FAMILY CHILD CARE TASK FORCE.
 22.16 		Subdivision 1.Establishment; purpose. The Family Child Care Task Force is established 
22.17 	to increase the number of licensed family child care providers throughout the state, identify 
22.18 	family child care licensing alternatives, and establish family child care regulatory reforms 
22.19 	to improve efficiencies.
22.20 		Subd. 2.Membership. (a) The Family Child Care Task Force shall consist of 16 
22.21 	members, appointed as follows:
22.22 	(1) two members representing family child care providers from greater Minnesota,  
22.23 	including one appointed by the speaker of the house of representatives and one appointed 
22.24 	by the senate majority leader;
22.25 	(2) two members representing family care providers from the metropolitan area as defined 
22.26 	in Minnesota Statutes, section 473.121, subdivision 2, including one appointed by the speaker 
22.27 	of the house of representatives and one appointed by the senate majority leader;
22.28 	(3) one member appointed by the Minnesota Association of Child Care Professionals;
22.29 	(4) one member appointed by the Minnesota Child Care Provider Information Network;
22.30 	(5) two members from the house of representatives, including one appointed by the 
22.31 	speaker of the house of representatives and one appointed by the minority leader;
23.1 	(6) two members from the senate, including one appointed by the senate majority leader 
23.2 	and one appointed by the senate minority leader;
23.3 	(7) two members representing Department of Human Services-recognized family child 
23.4 	care associations from greater Minnesota, including one appointed by the senate majority 
23.5 	leader and one appointed by the senate minority leader;
23.6 	(8) two members appointed by the Association of Minnesota Child Care Licensors, 
23.7 	including one from greater Minnesota and one from the metropolitan area, as defined in 
23.8 	Minnesota Statutes, section 473.121, subdivision 2;
23.9 	(9) one member appointed by the Greater Minnesota Partnership; and
23.10 	(10) one member appointed by the Minnesota Chamber of Commerce.
23.11 	(b) Appointments to the task force must be made no later than July 15, 2019, and members 
23.12 	of the task force may be compensated as provided by Minnesota Statutes, section 15.059, 
23.13 	subdivision 3.
23.14 		Subd. 3.Duties. The task force must:
23.15 	(1) develop a proposal for a child care provider licensing structure based on a differential 
23.16 	monitoring framework;
23.17 	(2) identify licensing requirements that have led to the closure of family child care 
23.18 	programs and recommend business development and technical assistance resources to 
23.19 	promote provider recruitment and retention;
23.20 	(3) identify family child care licensing alternatives, including permitting multiple family 
23.21 	child care providers to operate in a commercial or other building other than the providers' 
23.22 	residences;
23.23 	(4) identify and recommend family child care regulatory reforms to improve licensing 
23.24 	efficiencies, including a variance structure and updated child ratios; and
23.25 	(5) review Parent Aware program participation and identify obstacles and improvements.
23.26 		Subd. 4.Officers; meetings. (a) The task force must elect a chair and vice-chair from 
23.27 	among its members and may elect other officers as necessary.
23.28 	(b) The task force must meet at least monthly. The commissioner of human services 
23.29 	must convene the first meeting no later than August 1, 2019.
23.30 	(c) The task force is subject to the Minnesota Open Meeting Law under Minnesota 
23.31 	Statutes, chapter 13D.
24.1 		Subd. 5.Staff. The Office of Inspector General from the Department of Human Services 
24.2 	must provide staff assistance and meeting space to support the task force as needed.
24.3 		Subd. 6.Report required. No later than March 1, 2020, the task force must submit a 
24.4 	written report to the chairs and ranking minority members of the legislative committees 
24.5 	with jurisdiction over child care regarding each of the duties under subdivision 3 describing 
24.6 	the work of the task force and its recommendations.
24.7 		Subd. 7.Expiration. The task force expires upon submission of the report in subdivision 
24.8 	6 or March 1, 2020, whichever is later.

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

24.10 	Sec. 29. INSTRUCTION TO COMMISSIONER; REVIEW OF CHILD CARE 
24.11 	LICENSING AND BACKGROUND STUDY PROVISIONS.
 24.12 	The commissioner of human services shall review existing statutes and rules relating to 
24.13 	child care licensing and background study requirements and propose legislation for the 2020 
24.14 	legislative session that eliminates unnecessary and duplicative record keeping or 
24.15 	documentation requirements for child care providers. The commissioner shall also establish 
24.16 	a process for child care providers to electronically submit requested information to the 
24.17 	commissioner.

24.18 	Sec. 30. APPROPRIATION; FAMILY CHILD CARE TASK FORCE.
 24.19 	$75,000 in fiscal year 2020 is appropriated from the general fund to the commissioner 
24.20 	of human services for the Family Child Care Task Force under section 22.

24.21 	Sec. 31. APPROPRIATION; OMBUDSPERSON FOR CHILD CARE PROVIDERS.
 24.22 	$114,000 in fiscal year 2020 and $120,000 in fiscal year 2021 are appropriated from the 
24.23 	general fund to the commissioner of human services for the ombudsperson for child care 
24.24 	providers under Minnesota Statutes, section 245A.60.

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

24.26 	Sec. 32. APPROPRIATION; CHILD CARE PROVIDER GRANTS.
 24.27 	(a) $649,000 in fiscal year 2020 is appropriated from the general fund to the commissioner 
24.28 	of employment and economic development for grants to local communities to increase the 
24.29 	supply of quality child care providers to support economic development. At least 60 percent 
24.30 	of grant funds must go to communities located outside of the seven-county metropolitan 
25.1 	area as defined under Minnesota Statutes, section 473.121, subdivision 2. Grant recipients 
25.2 	must obtain a 50 percent nonstate match to grant funds in either cash or in-kind contributions. 
25.3 	Grant funds available under this section must be used to implement projects to reduce the 
25.4 	child care shortage in the state, including but not limited to funding for child care business 
25.5 	start-ups or expansion, training, facility modifications or improvements required for licensing, 
25.6 	and assistance with licensing and other regulatory requirements. In awarding grants, the 
25.7 	commissioner must give priority to communities that have demonstrated a shortage of child 
25.8 	care providers in the area. This is a onetime appropriation.
25.9 	(b) Within one year of receiving grant funds, grant recipients must report to the 
25.10 	commissioner on the outcomes of the grant program, including but not limited to the number 
25.11 	of new providers, the number of additional child care provider jobs created, the number of 
25.12 	additional child care slots, and the amount of cash and in-kind local funds invested.

25.13 	Sec. 33. APPROPRIATION; CHILD CARE BUSINESS TRAINING PROGRAM.
 25.14 	$140,000 in fiscal year 2020 is appropriated from the general fund to the commissioner 
25.15 	of employment and economic development for a grant, through a competitive bidding 
25.16 	process, to a nonprofit organization with expertise in small business advising to operate a 
25.17 	business training program for child care providers and to create materials that could be used, 
25.18 	free of charge, for start-up, expansion, and operation of child care businesses statewide, 
25.19 	with the goal of helping new and existing child care businesses in underserved areas of the 
25.20 	state become profitable and sustainable. The commissioner shall report data on outcomes 
25.21 	and recommendations for replication of this training program throughout Minnesota to the 
25.22 	governor and the committees of the house of representatives and the senate with jurisdiction 
25.23 	over child care by December 15, 2021. This is a onetime appropriation and is available until 
25.24 	June 30, 2021.

25.25 	Sec. 34. APPROPRIATION; MINNESOTA INITIATIVE FOUNDATIONS.
 25.26 	(a) $2,000,000 in fiscal year 2020 is appropriated from the general fund to the 
25.27 	commissioner of employment and economic development for a grant to the Minnesota 
25.28 	Initiative Foundations. This is a onetime appropriation and is available until June 30, 2023.
25.29 	(b) The Minnesota Initiative Foundations must use grant funds under this section to:
25.30 	(1) facilitate planning processes for rural communities resulting in a community solution 
25.31 	action plan that guides decision making to sustain and increase the supply of quality child 
25.32 	care in the region to support economic development;
26.1 	(2) engage the private sector to invest local resources to support the community solution 
26.2 	action plan and ensure quality child care is a vital component of additional regional economic 
26.3 	development planning processes;
26.4 	(3) provide locally based training and technical assistance to rural child care business 
26.5 	owners individually or through a learning cohort. Access to financial and business 
26.6 	development assistance must prepare child care businesses for quality engagement and 
26.7 	improvement by stabilizing operations, leveraging funding from other sources, and fostering 
26.8 	business acumen that allows child care businesses to plan for and afford the cost of providing 
26.9 	quality child care;  or
26.10 	(4) recruit child care programs to participate in Parent Aware, Minnesota's quality and 
26.11 	improvement rating system, by providing targeted resources designed to encourage high 
26.12 	levels of participation in Parent Aware. The Minnesota Initiative Foundations must work 
26.13 	with local partners to provide low-cost training, professional development opportunities, 
26.14 	and continuing education curricula. The Minnesota Initiative Foundations must fund, through 
26.15 	local partners, an enhanced level of coaching to rural child care providers to obtain a quality 
26.16 	rating through Parent Aware.

26.17 	Sec. 35. APPROPRIATION; ABBREVIATED INSPECTION MODEL, RISK-BASED 
26.18 	VIOLATION LEVELS.
 26.19 	$....... in fiscal year 2020 is appropriated from the general fund to the commissioner of 
26.20 	human services to develop, distribute, and provide training on child care provider inspections 
26.21 	based on the risk-based violation levels under Minnesota Statutes, section 245A.055, 
26.22 	subdivision 3, including use of an abbreviated inspection that is based on key indicators 
26.23 	that predict full compliance with the statutes and rules governing licensed child care providers 
26.24 	under Minnesota Statutes, section 245A.055, subdivision 2, for qualifying child care 
26.25 	providers. This is a onetime appropriation.

26.26 	Sec. 36. REVISOR INSTRUCTION; MINNESOTA RULES, CHAPTER 9502.
 26.27 	The revisor of statutes, in consultation with the House Research Department, Office of 
26.28 	Senate Counsel, Research and Fiscal Analysis, and the Department of Human Services shall 
26.29 	prepare legislation for the 2020 legislative session to repeal and enact as statutes Minnesota 
26.30 	Rules, chapter 9502, and recodify Minnesota Statutes sections governing licensing of child 
26.31 	care facilities. The revisor of statutes shall provide a courtesy copy of the proposed legislation 
26.32 	to the chief authors in the house of representatives and senate of this act.

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

27.1 	Sec. 37. REVISOR INSTRUCTION; MINNESOTA RULES, CHAPTER 9503.
 27.2 	The revisor of statutes, in consultation with the House Research Department, Office of 
27.3 	Senate Counsel, Research and Fiscal Analysis, and the Department of Human Services shall 
27.4 	prepare legislation for the 2020 legislative session to repeal and enact as statutes Minnesota 
27.5 	Rules, chapter 9503, and recodify Minnesota Statutes sections governing licensing of child 
27.6 	care facilities. The revisor of statutes shall provide a courtesy copy of the proposed legislation 
27.7 	to the chief authors in the house of representatives and senate of this act.

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

27.9 	Sec. 38. REVISOR INSTRUCTION; RECODIFY MINNESOTA STATUTES, 
27.10 	CHAPTER 245A; RECODIFY MINNESOTA RULES, CHAPTER 9502.
 27.11 	The revisor of statutes, in consultation with the House Research Department, Office of 
27.12 	Senate Counsel, Research and Fiscal Analysis, and Department of Human Services, shall 
27.13 	prepare legislation for the 2020 legislative session to: (1) recodify Minnesota Statutes, 
27.14 	chapter 245A; and (2) repeal and enact as statutes the rules governing day care facility 
27.15 	licensing in Minnesota Rules, chapter 9502.