HF 2029

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/20/2023 12:21pm

A bill for an act
relating to child care; modifying child care conditional license requirements;
directing the commissioner to create standardized visit time lines and requirements;
amending the definition of education; creating a background study liaison;
appropriating money; amending Minnesota Statutes 2022, section 245A.06,
subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 245A.06, subdivision 1, is amended to read:

Subdivision 1.

Contents of correction orders and conditional licenses.

(a) If the
commissioner finds that the applicant or license holder has failed to comply with an
applicable law or rule and this failure does not imminently endanger the health, safety, or
rights of the persons served by the program, the commissioner may issue a correction order
and an order of conditional license to the applicant or license holder. When issuing a
conditional license, the commissioner shall consider the nature, chronicity, or severity of
the violation of law or rule and the effect of the violation on the health, safety, or rights of
persons served by the program. The correction order or conditional license must state the
following in plain language:

(1) the new text begin specific factual new text end conditions new text begin observed by the licensor new text end that constitute a violation of
the law or rule;

(2) the specific law or rule violated;

(3) the time allowed to correct each violation; and

(4) if a license is made conditional, the length and terms of the conditional license, and
the reasons for making the license conditional.

(b) Nothing in this section prohibits the commissioner from proposing a sanction as
specified in section 245A.07, prior to issuing a correction order or conditional license.

new text begin (c) Notwithstanding paragraph (a), if the commissioner finds that the applicant or license
holder has failed to comply with an applicable law or rule and this failure does not imminently
endanger the health, safety, or rights of the persons served by the program, the commissioner
must only provide technical assistance to help correct the violation. If upon a subsequent
inspection, the commissioner finds that the applicant or license holder has failed to correct
the violation or has violated the same applicable law or rule again, the commissioner may
issue a correction order and an order of conditional license to the applicant or license holder.
This paragraph only applies to licensed child care centers and licensed family child care
providers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin DIRECTION TO COMMISSIONER; STANDARDIZED LICENSING VISIT
TIME LINES AND REQUIREMENTS.
new text end

new text begin The commissioner of human services must work with stakeholders to develop and
implement a standardized time line and standards of licensor conduct for inspections of
licensed family child care providers and licensed child care centers. The time line and
standards developed by the commissioner must clearly identify:
new text end

new text begin (1) the steps of a licensing visit;
new text end

new text begin (2) the requirements expected of licensors and license holders before, during, and after
the visit;
new text end

new text begin (3) the standards of conduct that licensors must follow during a visit;
new text end

new text begin (4) the rights of license holders;
new text end

new text begin (5) when and how license holders can request technical assistance; and
new text end

new text begin (6) how license holders can request additional review of an issue related to the visit from
someone other than the assigned licensor.
new text end

new text begin The time line and standards must be implemented by January 1, 2024.
new text end

Sec. 3. new text begin DIRECTION TO COMMISSIONER; AMENDING THE DEFINITION OF
EDUCATION.
new text end

new text begin The commissioner of human services must amend Minnesota Rules, part 9503.0030,
subpart 1, item B, to include any accredited course work from an accredited postsecondary
institution that can reasonably be shown to be relevant to any skill necessary to meet the
qualifications of a teacher.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin DIRECTION TO COMMISSIONER; BACKGROUND STUDY LIAISON.
new text end

new text begin By August 1, 2023, the commissioner of human services must assign a designated and
permanent child care background study liaison within the Department of Human Services
who is able to timely communicate with licensed child care centers and family child care
license holders about the background study process. The liaison must be responsible for
helping ensure license holders receive accurate and timely information about the status of
submitted background studies and for communicating to the commissioner any changes
that are necessary to better facilitate the timely processing of the studies.
new text end

Sec. 5. new text begin APPROPRIATION; STANDARDIZED LICENSING VISIT TIME LINES.
new text end

new text begin $50,000 in fiscal year 2024 is appropriated from the general fund to the commissioner
of human services to develop and implement standardized licensing visit time lines and
requirements for inspections of family child care programs and child care centers. This is
a onetime appropriation.
new text end