HF 2643

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/24/2025 03:02 p.m.

A bill for an act
relating to child care licensing; requiring an indication of self-report on child care
licensing notifications; amending Minnesota Statutes 2024, sections 142B.16,
subdivision 1, by adding a subdivision; 142B.17, subdivision 1; 142B.171,
subdivision 2; 142B.18, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2024, section 142B.16, subdivision 1, is amended to read:

Subdivision 1.

Contents of correction orders and conditional licenses.

(a) If the
commissioner finds that the applicant or license holder has failed to comply with an
applicable law or rule and this failure does not imminently endanger the health, safety, or
rights of the persons served by the program, the commissioner may issue a correction order
and an order of conditional license to the applicant or license holder. When issuing a
conditional license, the commissioner shall consider the nature, chronicity, or severity of
the violation of law or rule and the effect of the violation on the health, safety, or rights of
persons served by the program. The correction order or conditional license must state the
following in plain language:

(1) the conditions that constitute a violation of the law or rule;

new text begin (2) whether the conditions were self-reported by the applicant or license holder;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end the specific law or rule violated;

deleted text begin (3) deleted text end new text begin (4) new text end the time allowed to correct each violation; and

deleted text begin (4) deleted text end new text begin (5) new text end if a license is made conditional, the length and terms of the conditional license,
and the reasons for making the license conditional.

(b) Nothing in this section prohibits the commissioner from proposing a sanction as
specified in section 142B.18, prior to issuing a correction order or conditional license.

(c) The commissioner may issue a correction order and an order of conditional license
to the applicant or license holder through the provider licensing and reporting hub.

Sec. 2.

Minnesota Statutes 2024, section 142B.16, is amended by adding a subdivision to
read:

new text begin Subd. 5a. new text end

new text begin Posting orders on department website. new text end

new text begin If the commissioner posts on the
department's website an order of conditional license or a correction order for a licensed
family child care provider or child care center, then the summary information posted for
the order must include, at a minimum, whether the license holder self-reported the conditions
that constitute the violation of law or rule cited in the order.
new text end

Sec. 3.

Minnesota Statutes 2024, section 142B.17, subdivision 1, is amended to read:

Subdivision 1.

Fix-it ticket.

(a) In lieu of a correction order under section 142B.16, the
commissioner shall issue a fix-it ticket to a family child care or child care center license
holder if the commissioner finds that:

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota
Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it
ticket;

(2) the violation does not imminently endanger the health, safety, or rights of the persons
served by the program;

(3) the license holder did not receive a fix-it ticket or correction order for the violation
at the license holder's last licensing inspection;

(4) the violation can be corrected at the time of inspection or within 48 hours, excluding
Saturdays, Sundays, and holidays; and

(5) the license holder corrects the violation at the time of inspection or agrees to correct
the violation within 48 hours, excluding Saturdays, Sundays, and holidays.

(b) The fix-it ticket must state:

(1) the conditions that constitute a violation of the law or rule;

new text begin (2) whether the conditions were self-reported by the license holder;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end the specific law or rule violated; and

deleted text begin (3) deleted text end new text begin (4) new text end that the violation was corrected at the time of inspection or must be corrected
within 48 hours, excluding Saturdays, Sundays, and holidays.

(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.

(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it
ticket, the license holder must correct the violation and within one week submit evidence
to the licensing agency that the violation was corrected.

(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding
Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that
the license holder corrected the violation, the commissioner must issue a correction order
for the violation of Minnesota law or rule identified in the fix-it ticket according to section
142B.16.

Sec. 4.

Minnesota Statutes 2024, section 142B.171, subdivision 2, is amended to read:

Subd. 2.

Documented technical assistance.

(a) In lieu of a correction order under section
142B.16, the commissioner shall provide documented technical assistance to a family child
care or child care center license holder if the commissioner finds that:

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota
Rules, chapter 9502 or 9503, that the commissioner determines to be low risk as determined
by the child care weighted risk system;

(2) the noncompliance does not imminently endanger the health, safety, or rights of the
persons served by the program; and

(3) the license holder did not receive documented technical assistance or a correction
order for the same violation at the license holder's most recent annual licensing inspection.

(b) Documented technical assistance must include communication from the commissioner
to the license holder that:

(1) states the conditions that constitute a violation of a law or rule;

new text begin (2) identifies whether the conditions were self-reported by the license holder;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end references the specific law or rule violated; and

deleted text begin (3) deleted text end new text begin (4) new text end explains remedies for correcting the violation.

(c) The commissioner shall not publicly publish documented technical assistance on the
department's website.

Sec. 5.

Minnesota Statutes 2024, section 142B.18, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Indication of self-report. new text end

new text begin (a) For an order of license suspension, temporary
immediate suspension, a fine, or revocation issued by the commissioner to a licensed family
child care provider or child care center under this section, the order must indicate whether
the conditions that constitute the violation of law or rule were self-reported by the license
holder.
new text end

new text begin (b) If the commissioner posts on the department's website an order of license suspension,
temporary immediate suspension, a fine, or revocation for a licensed family child care
provider or child care center, then the summary information posted for the order must
include, at a minimum, whether the license holder self-reported the conditions that constitute
the violation of law or rule cited in the order.
new text end