HF 916

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to child care; requiring inspections of child care centers and homes;
requiring reports; amending Minnesota Statutes 2006, sections 245A.04,
subdivision 4; 245A.16, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 245A.04, subdivision 4, is amended to
read:

Subd. 4.

Inspections; waiver.

(a) Before issuing an initial license, the commissioner
shall conduct an inspection of the program. The inspection must include but is not limited
to:

(1) an inspection of the physical plant;

(2) an inspection of records and documents;

(3) an evaluation of the program by consumers of the program; and

(4) observation of the program in operation.

For the purposes of this subdivision, "consumer" means a person who receives the
services of a licensed program, the person's legal guardian, or the parent or individual
having legal custody of a child who receives the services of a licensed program.

(b) The evaluation required in paragraph (a), clause (3) or the observation in
paragraph (a), clause (4) is not required prior to issuing an initial license under subdivision
7. If the commissioner issues an initial license under subdivision 7, these requirements
must be completed within one year after the issuance of an initial license.

new text begin (c) After the initial inspection, the commissioner shall conduct ongoing inspections
of child care centers at least annually.
new text end

Sec. 2.

Minnesota Statutes 2006, section 245A.16, subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and
private agencies that have been designated or licensed by the commissioner to perform
licensing functions and activities under section 245A.04 and chapter 245C, to recommend
denial of applicants under section 245A.05, to issue correction orders, to issue variances,
and recommend a conditional license under section 245A.06, or to recommend suspending
or revoking a license or issuing a fine under section 245A.07, shall comply with rules and
directives of the commissioner governing those functions and with this section. The
following variances are excluded from the delegation of variance authority and may be
issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child
and adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that county agencies may
issue variances under section 245C.30 regarding disqualified individuals when the county
is responsible for conducting a consolidated reconsideration according to sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
and a disqualification based on serious or recurring maltreatment; and

(6) the required presence of a caregiver in the adult foster care residence during
normal sleeping hours.

(b) County agencies must report:

(1) information about disqualification reconsiderations under sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), and variances granted under paragraph
(a), clause (5), to the commissioner at least monthly in a format prescribed by the
commissioner; and

(2) for relative child foster care applicants and license holders, the number of
relatives, as defined in section 260C.007, subdivision 27, and household members of
relatives who are disqualified under section 245C.14; the disqualifying characteristics
under section 245C.15; the number of these individuals who requested reconsideration
under section 245C.21; the number of set-asides under section 245C.22; and variances
under section 245C.30 issued. This information shall be reported to the commissioner
annually by January 15 of each year in a format prescribed by the commissioner.

(c) For family day care programs, the commissioner deleted text begin may authorize licensing reviews deleted text end
deleted text begin every two years after a licensee has had at least one annual review deleted text end new text begin shall conduct an on-site
inspection at least annually new text end .

(d) For family adult day services programs, the commissioner may authorize
licensing reviews every two years after a licensee has had at least one annual review.

(e) A license issued under this section may be issued for up to two years.

new text begin (f) The commissioner shall work with counties to develop a funding allocation from
the general fund to provide resources to the counties to implement the annual licensing
review.
new text end

Sec. 3. new text begin INSPECTION OF LEGAL UNLICENSED CHILD CARE PROVIDERS.
new text end

new text begin The commissioner of human services, in consultation with the commissioners of
health and education and the counties, shall develop and present recommendations to
the legislature in January 2008 in order for each legally unlicensed child care provider
receiving child care assistance funds to receive a onetime home visit to receive information
on health and safety, and school readiness.
new text end