HF 912

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/10/2011 04:41pm

A bill for an act
relating to human services; providing a requirement for special family day care
homes; amending Minnesota Statutes 2010, section 245A.14, subdivision 4.

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

Section 1.

Minnesota Statutes 2010, section 245A.14, subdivision 4, is amended to
read:

Subd. 4.

Special family day care homes.

Nonresidential child care programs
serving 14 or fewer children that are conducted at a location other than the license holder's
own residence shall be licensed under this section and the rules governing family day
care or group family day care if:

(a) the license holder is the primary provider of care and the nonresidential child
care program is conducted in a dwelling that is located on a residential lot;

(b) the license holder is an employer who may or may not be the primary provider
of care, and the purpose for the child care program is to provide child care services to
children of the license holder's employees;

(c) the license holder is a church or religious organization;

(d) the license holder is a community collaborative child care provider. For
purposes of this subdivision, a community collaborative child care provider is a provider
participating in a cooperative agreement with a community action agency as defined in
section 256E.31; deleted text begin or
deleted text end

(e) the license holder is a not-for-profit agency that provides child care in a dwelling
located on a residential lot and the license holder maintains two or more contracts with
community employers or other community organizations to provide child care services.
The county licensing agency may grant a capacity variance to a license holder licensed
under this paragraph to exceed the licensed capacity of 14 children by no more than five
children during transition periods related to the work schedules of parents, if the license
holder meets the following requirements:

(1) the program does not exceed a capacity of 14 children more than a cumulative
total of four hours per day;

(2) the program meets a one to seven staff-to-child ratio during the variance period;

(3) all employees receive at least an extra four hours of training per year than
required in the rules governing family child care each year;

(4) the facility has square footage required per child under Minnesota Rules, part
9502.0425;

(5) the program is in compliance with local zoning regulations;

(6) the program is in compliance with the applicable fire code as follows:

(i) if the program serves more than five children older than 2-1/2 years of age,
but no more than five children 2-1/2 years of age or less, the applicable fire code is
educational occupancy, as provided in Group E Occupancy under the Minnesota State
Fire Code 2003, Section 202; or

(ii) if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
Code 2003, Section 202; and

(7) any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license deleted text begin . deleted text end new text begin ; or
new text end

new text begin (f) the license holder is the primary provider of care and has located the licensed
child care program in a suitable commercial space, if the license holder meets the
following requirements:
new text end

new text begin (1) the program is in compliance with local zoning regulations;
new text end

new text begin (2) the program is in compliance with the applicable fire code as follows:
new text end

new text begin (i) if the program serves more than five children older than 2-1/2 years of age,
but no more than five children 2-1/2 years of age or less, and the applicable fire code is
educational occupancy, as provided in Group E Occupancy under the Minnesota State
Fire Code 2003, Section 202; or
new text end

new text begin (ii) if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
Code 2003, Section 202;
new text end

new text begin (3) any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license; and
new text end

new text begin (4) the license holder prominently displays the license issued by the commissioner
that contains the statement "This special family child care provider is not licensed as a
child care center."
new text end