HF 2001

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/17/2014 03:19pm

A bill for an act
relating to human services; modifying family child care training and background
study requirements; clarifying requirements for safe sleep spaces for infants in
child care; amending Minnesota Statutes 2012, section 245C.04, by adding a
subdivision; Minnesota Statutes 2013 Supplement, sections 245A.1435; 245A.50,
subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 245A.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:

245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
DEATH IN LICENSED PROGRAMS.

(a) When a license holder is placing an infant to sleep, the license holder must place
the infant on the infant's back, unless the license holder has documentation from the
infant's physician directing an alternative sleeping position for the infant. The physician
directive must be on a form approved by the commissioner and must remain on file at the
licensed location. An infant who independently rolls onto its stomach after being placed to
sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
six months of age or the license holder has a signed statement from the parent indicating
that the infant regularly rolls over at home.

(b) The license holder must place the infant in a crib directly on a firm mattress with
a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
part 1511. The requirements of this section apply to license holders serving infants younger
than one year of age. Licensed child care providers must meet the crib requirements under
section 245A.146. new text begin A correction order shall not be issued under this paragraph unless there
is evidence that a violation occurred when an infant was present in the license holder's care.
new text end

(c) If an infant falls asleep before being placed in a crib, the license holder must
move the infant to a crib as soon as practicable, and must keep the infant within sight of
the license holder until the infant is placed in a crib. When an infant falls asleep while
being held, the license holder must consider the supervision needs of other children in
care when determining how long to hold the infant before placing the infant in a crib to
sleep. The sleeping infant must not be in a position where the airway may be blocked or
with anything covering the infant's face.

(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a one-piece sleeper equipped with an attached system that fastens
securely only across the upper torso, with no constriction of the hips or legs, to create a
swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
the license holder must obtain informed written consent for the use of swaddling from the
parent or guardian of the infant on a form provided by the commissioner and prepared in
partnership with the Minnesota Sudden Infant Death Center.

new text begin (e) A license holder must be able to show a safe sleep space readily available for
each infant present in the license holder's care. Each safe sleep space must meet the
requirements of this subdivision.
new text end

Sec. 2.

new text begin [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
CARE LICENSE HOLDERS.
new text end

new text begin Contractors who serve multiple family child care holders may request that the
county agency maintain a record of:
new text end

new text begin (1) the contractor's background study results as required in section 245C.04,
subdivision 7, to verify that the contractor does not have a disqualification or a
disqualification that has not been set aside, and is eligible to provide direct contact services
in a licensed program; and
new text end

new text begin (2) the contractor's compliance with training requirements.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
amended to read:

Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

(a) License holders must document that before staff persons, caregivers, and helpers
assist in the care of infants, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of sudden unexpected infant death. In addition,
license holders must document that before staff persons, caregivers, and helpers assist in
the care of infants and children under school age, they receive training on reducing the
risk of abusive head trauma from shaking infants and young children. The training in this
subdivision may be provided as initial training under subdivision 1 or ongoing annual
training under subdivision 7.

(b) Sudden unexpected infant death reduction training required under this subdivision
must deleted text begin be at least one-half hour in length and must be completed in person at least once
every two years. On the years when the license holder is not receiving the in-person
training on sudden unexpected infant death reduction, the license holder must receive
sudden unexpected infant death reduction training through a video of no more than one
hour in length developed or approved by the commissioner. deleted text end new text begin , new text end at a minimum, deleted text begin the training
must deleted text end address the risk factors related to sudden unexpected infant death, means of reducing
the risk of sudden unexpected infant death in child care, and license holder communication
with parents regarding reducing the risk of sudden unexpected infant death.

(c) Abusive head trauma training required under this subdivision must deleted text begin be at least
one-half hour in length and must be completed at least once every year. deleted text end new text begin , new text end at a minimum,
deleted text begin the training must deleted text end address the risk factors related to shaking infants and young children,
means of reducing the risk of abusive head trauma in child care, and license holder
communication with parents regarding reducing the risk of abusive head trauma.

(d) Training for family and group family child care providers must be developed
by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
approved by the Minnesota Center for Professional Development. new text begin Sudden unexpected
infant death reduction training and abusive head trauma training may be provided in a
single course of no more than two hours in length.
new text end

new text begin (e) Sudden unexpected infant death reduction training and abusive head trauma
training required under this subdivision must be completed in person or as allowed under
subdivision 10, clause (1) or (2), at least once every two years. On the years when the
license holder is not receiving training in person or as allowed under subdivision 10,
clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
training and abusive head trauma training through a video of no more than one hour in
length. The video must be developed or approved by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 4.

Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Current or prospective contractors serving multiple family child care
license holders. new text end

new text begin Current or prospective contractors who are required to have a background
study under section 245C.03, subdivision 1, provide services for multiple family child
care license holders in a single county, and will have direct contact with children served
in the family child care setting are required to have only one background study which is
transferable to all family child care programs in that county if:
new text end

new text begin (1) the county agency maintains a record of the contractor's background study results
which verify the contractor is approved to have direct contact with children receiving
services;
new text end

new text begin (2) the license holder contacts the county agency and obtains notice that the current
or prospective contractor is in compliance with background study requirements and
approved to have direct contact; and
new text end

new text begin (3) the contractor's background study is repeated every two years.
new text end