HF 1915

as introduced - 94th Legislature (2025 - 2026) Posted on 03/20/2025 04:11pm

A bill for an act
relating to child care; requiring child care centers to use video security cameras
to monitor infants and toddlers; appropriating money; amending Minnesota Statutes
2024, section 13.461, subdivision 28; proposing coding for new law in Minnesota
Statutes, chapter 142B.

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

Section 1.

Minnesota Statutes 2024, section 13.461, subdivision 28, is amended to read:

Subd. 28.

Child care assistance program.

new text begin (a) new text end Data collected, maintained, used, or
disseminated by the welfare system pertaining to persons selected as legal nonlicensed child
care providers by families receiving child care assistance are classified under section 142E.02,
subdivision 6, paragraph (a). Child care assistance program payment data is classified under
section 142E.02, subdivision 6, paragraph (b).

new text begin (b) Video footage of child care provider operations collected or maintained by the
commissioner of children, youth, and families is classified under section 142B.68, subdivision
8.
new text end

Sec. 2.

new text begin [142B.68] VIDEO SECURITY CAMERAS IN CHILD CARE CENTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Facility" means the indoor and outdoor space in which child care is provided that
is owned, leased, or operated by a licensed child care program.
new text end

new text begin (c) "Video security camera" means a video camera or other device that captures or
records video.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for video security cameras. new text end

new text begin (a) By January 1, 2026, a licensed
child care center must have video security cameras to monitor and record infants and toddlers
in all public and shared areas of the facility as provided by this section.
new text end

new text begin (b) The video security cameras must:
new text end

new text begin (1) be turned on and recording at all times the licensed child care center is in operation;
new text end

new text begin (2) record and display the accurate date and time;
new text end

new text begin (3) have a display resolution of 720p or higher; and
new text end

new text begin (4) have a frame per second rate of 15 or higher.
new text end

new text begin Subd. 3. new text end

new text begin Retention and disposal of recordings. new text end

new text begin (a) A licensed child care center must
retain video security camera recordings required under this section for 90 calendar days
after the date of the recording. Except as provided under paragraph (b), a licensed child care
center must dispose of video security camera recordings required under this section after
90 calendar days.
new text end

new text begin (b) A licensed child care center that receives notice from a law enforcement official of
a suspected crime committed against a child at the center may not dispose of any video
security camera recordings required under this section until the law enforcement investigation
of the suspected crime is complete.
new text end

new text begin (c) A licensed child care center must adhere to additional requirements issued by the
commissioner regarding the retention and disposal of video security camera recordings
required under this section.
new text end

new text begin Subd. 4. new text end

new text begin Dissemination of recordings. new text end

new text begin (a) A licensed child care center may not sell,
share, transmit, or disseminate a video security camera recording required under this section
to any person except as authorized by this section.
new text end

new text begin (b) A child care center may disseminate a video security camera recording required
under this section pursuant to a valid court order, search warrant, or subpoena in a civil,
criminal, or administrative proceeding, including an investigation by the commissioner.
new text end

new text begin (c) A licensed child care center must establish a process by which a parent or legal
guardian may review, but not obtain a copy of, a video security camera recording required
under this section if the parent or legal guardian receives a daily written report from the
center indicating that the child was physically injured while in the facility.
new text end

new text begin (d) An employee of a licensed child care center who is the subject of proposed disciplinary
action by the center based upon evidence obtained by a video security camera must be given
access to that evidence for purposes of defending against the proposed action. An employee
who obtains a recording or a copy of the recording must treat the recording or copy
confidentially and must not further disseminate it to any other person except as required
under law. The employee must not keep the recording or copy or a portion of the recording
or copy after it is no longer needed for purposes of defending against a proposed action.
new text end

new text begin Subd. 5. new text end

new text begin Written policy required. new text end

new text begin A licensed child care center must have a written
policy on the center's use of video security cameras that includes the following:
new text end

new text begin (1) the days and times the video security cameras in the facility are in use;
new text end

new text begin (2) the locations of all video security cameras in the facility;
new text end

new text begin (3) the center's retention and disposal policies and procedures for the video security
camera recordings required under this section; and
new text end

new text begin (4) the center's policies governing access to the video security camera recordings required
under this section.
new text end

new text begin Subd. 6. new text end

new text begin Notices. new text end

new text begin (a) A licensed child care center must notify all parents and legal
guardians who apply for placement or enroll a child in the center about the use of video
security cameras in the facility. At the time of a child's enrollment, the center must provide
parents and legal guardians with the video security camera policy required under subdivision
5.
new text end

new text begin (b) A licensed child care center must post a sign at each facility entrance accessible to
visitors that states: "Video security cameras are present to record persons and activities."
new text end

new text begin Subd. 7. new text end

new text begin Commissioner's duties. new text end

new text begin By October 1, 2025, the commissioner must issue
templates for the written policy required under subdivision 5 and the notice to parents and
legal guardians under subdivision 6, paragraph (a), that licensed child care centers may use
to meet the requirements of this section.
new text end

new text begin Subd. 8. new text end

new text begin Data practices. new text end

new text begin Video footage collected or maintained by the commissioner
under this section is classified as private data on individuals, as defined by section 13.02,
subdivision 12.
new text end

Sec. 3. new text begin APPROPRIATION; CHILD CARE IMPROVEMENT GRANTS.
new text end

new text begin $150,000 in fiscal year 2026 and $150,000 in fiscal year 2027 are appropriated from the
general fund to the commissioner of children, youth, and families for the child care
improvement grant program under Minnesota Statutes, section 142D.20, subdivision 3,
paragraph (a), clause (7). This appropriation must be used for grants to child care centers
licensed under Minnesota Statutes, chapter 142B, and Minnesota Rules, chapter 9503, for
equipment needed to comply with the video security camera requirements under Minnesota
Statutes, section 142B.68. The base for this appropriation is $150,000 in fiscal year 2028
and beyond. Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount
for administrative costs under this paragraph is $0.
new text end