1.1                          A bill for an act 
  1.2             relating to human services; excluding from licensure 
  1.3             nonresidential child care programs and services that 
  1.4             are provided by an unrelated individual to children 
  1.5             from two or three unrelated families; amending 
  1.6             Minnesota Statutes 2000, section 245A.03, subdivisions 
  1.7             2, 2b, 4, and 5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 245A.03, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [EXCLUSION FROM LICENSURE.] This chapter does not 
  1.12  apply to: 
  1.13     (1) residential or nonresidential programs that are 
  1.14  provided to a person by an individual who is related unless the 
  1.15  residential program is a child foster care placement made by a 
  1.16  local social services agency or a licensed child-placing agency, 
  1.17  except as provided in subdivision 2a; 
  1.18     (2) nonresidential programs that are provided by an 
  1.19  unrelated individual to persons from a single related family; 
  1.20     (3) nonresidential child care programs or services that are 
  1.21  provided by an unrelated individual to persons from two or three 
  1.22  other unrelated families, provided that: 
  1.23     (i) the individual provides services at any one time to no 
  1.24  more than four children who are unrelated to the individual; and 
  1.25     (ii) no more than two of the children are under two years 
  1.26  of age; 
  2.1      (4) residential or nonresidential programs that are 
  2.2   provided to adults who do not abuse chemicals or who do not have 
  2.3   a chemical dependency, a mental illness, mental retardation or a 
  2.4   related condition, a functional impairment, or a physical 
  2.5   handicap; 
  2.6      (4) (5) sheltered workshops or work activity programs that 
  2.7   are certified by the commissioner of economic security; 
  2.8      (5) (6) programs for children enrolled in kindergarten to 
  2.9   the 12th grade and prekindergarten special education in a school 
  2.10  as defined in section 120A.22, subdivision 4, and programs 
  2.11  serving children in combined special education and regular 
  2.12  prekindergarten programs that are operated or assisted by the 
  2.13  commissioner of children, families, and learning; 
  2.14     (6) (7) nonresidential programs primarily for children that 
  2.15  provide care or supervision, without charge for ten or fewer 
  2.16  days a year, and for periods of less than three hours a day 
  2.17  while the child's parent or legal guardian is in the same 
  2.18  building as the nonresidential program or present within another 
  2.19  building that is directly contiguous to the building in which 
  2.20  the nonresidential program is located; 
  2.21     (7) (8) nursing homes or hospitals licensed by the 
  2.22  commissioner of health except as specified under section 
  2.23  245A.02; 
  2.24     (8) (9) board and lodge facilities licensed by the 
  2.25  commissioner of health that provide services for five or more 
  2.26  persons whose primary diagnosis is mental illness who have 
  2.27  refused an appropriate residential program offered by a county 
  2.28  agency.  This exclusion expires on July 1, 1990; 
  2.29     (9) (10) homes providing programs for persons placed there 
  2.30  by a licensed agency for legal adoption, unless the adoption is 
  2.31  not completed within two years; 
  2.32     (10) (11) programs licensed by the commissioner of 
  2.33  corrections; 
  2.34     (11) (12) recreation programs for children or adults that 
  2.35  operate for fewer than 40 calendar days in a calendar year or 
  2.36  programs operated by a park and recreation board of a city of 
  3.1   the first class whose primary purpose is to provide social and 
  3.2   recreational activities to school age children, provided the 
  3.3   program is approved by the park and recreation board; 
  3.4      (12) (13) programs operated by a school as defined in 
  3.5   section 120A.22, subdivision 4, whose primary purpose is to 
  3.6   provide child care to school-age children, provided the program 
  3.7   is approved by the district's school board; 
  3.8      (13) (14) Head Start nonresidential programs which operate 
  3.9   for less than 31 days in each calendar year; 
  3.10     (14) (15) noncertified boarding care homes unless they 
  3.11  provide services for five or more persons whose primary 
  3.12  diagnosis is mental illness or mental retardation; 
  3.13     (15) (16) nonresidential programs for nonhandicapped 
  3.14  children provided for a cumulative total of less than 30 days in 
  3.15  any 12-month period; 
  3.16     (16) (17) residential programs for persons with mental 
  3.17  illness, that are located in hospitals, until the commissioner 
  3.18  adopts appropriate rules; 
  3.19     (17) (18) the religious instruction of school-age children; 
  3.20  Sabbath or Sunday schools; or the congregate care of children by 
  3.21  a church, congregation, or religious society during the period 
  3.22  used by the church, congregation, or religious society for its 
  3.23  regular worship; 
  3.24     (18) (19) camps licensed by the commissioner of health 
  3.25  under Minnesota Rules, chapter 4630; 
  3.26     (19) (20) mental health outpatient services for adults with 
  3.27  mental illness or children with emotional disturbance; 
  3.28     (20) (21) residential programs serving school-age children 
  3.29  whose sole purpose is cultural or educational exchange, until 
  3.30  the commissioner adopts appropriate rules; 
  3.31     (21) (22) unrelated individuals who provide out-of-home 
  3.32  respite care services to persons with mental retardation or 
  3.33  related conditions from a single related family for no more than 
  3.34  90 days in a 12-month period and the respite care services are 
  3.35  for the temporary relief of the person's family or legal 
  3.36  representative; 
  4.1      (22) (23) respite care services provided as a home and 
  4.2   community-based service to a person with mental retardation or a 
  4.3   related condition, in the person's primary residence; 
  4.4      (23) (24) community support services programs as defined in 
  4.5   section 245.462, subdivision 6, and family community support 
  4.6   services as defined in section 245.4871, subdivision 17; 
  4.7      (24) (25) the placement of a child by a birth parent or 
  4.8   legal guardian in a preadoptive home for purposes of adoption as 
  4.9   authorized by section 259.47; or 
  4.10     (25) (26) settings registered under chapter 144D which 
  4.11  provide home care services licensed by the commissioner of 
  4.12  health to fewer than seven adults. 
  4.13     For purposes of clause (6) (7), a building is directly 
  4.14  contiguous to a building in which a nonresidential program is 
  4.15  located if it shares a common wall with the building in which 
  4.16  the nonresidential program is located or is attached to that 
  4.17  building by skyway, tunnel, atrium, or common roof. 
  4.18     Sec. 2.  Minnesota Statutes 2000, section 245A.03, 
  4.19  subdivision 2b, is amended to read: 
  4.20     Subd. 2b.  [EXCEPTION.] The provision provisions in 
  4.21  subdivision 2, clause clauses (2) and (3), does do not apply 
  4.22  to: 
  4.23     (1) a child care provider who as an applicant for licensure 
  4.24  or as a license holder has received a license denial under 
  4.25  section 245A.05, a fine under section 245A.06, or a sanction 
  4.26  under section 245A.07 from the commissioner that has not been 
  4.27  reversed on appeal; or 
  4.28     (2) a child care provider, or a child care provider who has 
  4.29  a household member who, as a result of a licensing process, has 
  4.30  a disqualification under this chapter that has not been set 
  4.31  aside by the commissioner. 
  4.32     Sec. 3.  Minnesota Statutes 2000, section 245A.03, 
  4.33  subdivision 4, is amended to read: 
  4.34     Subd. 4.  [EXCLUDED CHILD CARE PROGRAMS; RIGHT TO SEEK 
  4.35  LICENSURE.] Nothing in this section shall prohibit a child care 
  4.36  program that is excluded from licensure under subdivision 2, 
  5.1   clause (2) or (3), or under Laws 1997, chapter 248, section 46, 
  5.2   as amended by Laws 1997, First Special Session chapter 5, 
  5.3   section 10, from seeking a license under this chapter.  The 
  5.4   commissioner shall ensure that any application received from 
  5.5   such an excluded provider is processed in the same manner as all 
  5.6   other applications for licensed family day care. 
  5.7      Sec. 4.  Minnesota Statutes 2000, section 245A.03, 
  5.8   subdivision 5, is amended to read: 
  5.9      Subd. 5.  [EXCLUDED HOUSING WITH SERVICES PROGRAMS; RIGHT 
  5.10  TO SEEK LICENSURE.] Nothing in this section shall prohibit a 
  5.11  housing with services program that is excluded from licensure 
  5.12  under subdivision 2, clause (25) (26), from seeking a license 
  5.13  under this chapter.  The commissioner shall ensure that any 
  5.14  application received from such an excluded provider is processed 
  5.15  in the same manner as all other applications for licensed adult 
  5.16  foster care. 
  5.17     Sec. 5.  [EFFECTIVE DATE.] 
  5.18     Sections 1 to 4 are effective the day following final 
  5.19  enactment.