HF 3073

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to human services; child care licensing; 
  1.3             affirming that legal nonlicensed child care providers 
  1.4             may seek licensure; modifying conditions of the 
  1.5             interim expansion of unlicensed providers; amending 
  1.6             Minnesota Statutes 1996, section 245A.03, by adding 
  1.7             subdivisions; Laws 1997, chapter 248, section 46, as 
  1.8             amended. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 245A.03, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 2b.  [EXCEPTION.] The provision in subdivision 2, 
  1.13  clause (2) does not apply if: 
  1.14     (1) the commissioner has imposed any of the following 
  1.15  actions against a provider's license:  denial, revocation, 
  1.16  nonrenewal, probation, or suspension or immediate suspension as 
  1.17  these terms are defined in Minnesota Rules, part 9502.0341; and 
  1.18     (2) the commissioner's decision to impose a negative 
  1.19  licensing action has not been reversed on appeal, if the 
  1.20  provider has appealed the negative licensing action. 
  1.21     Sec. 2.  Minnesota Statutes 1996, section 245A.03, is 
  1.22  amended by adding a subdivision to read: 
  1.23     Subd. 4.  [EXCLUDED CHILD CARE PROGRAMS; RIGHT TO SEEK 
  1.24  LICENSURE.] Nothing in this section shall prohibit a child care 
  1.25  program that is excluded from licensure under subdivision 2, or 
  1.26  under Laws 1997, chapter 246, section 46, as amended by Laws 
  1.27  1997, First Special Session chapter 5, section 10, from seeking 
  2.1   a license under this chapter.  The commissioner shall ensure 
  2.2   that any application received from such an excluded provider is 
  2.3   processed in the same manner as all other applications for 
  2.4   licensed family day care. 
  2.5      Sec. 3.  Laws 1997, chapter 248, section 46, as amended by 
  2.6   Laws 1997, First Special Session chapter 5, section 10, is 
  2.7   amended to read: 
  2.8      Sec. 46.  [UNLICENSED CHILD CARE PROVIDERS; INTERIM 
  2.9   EXPANSION.] 
  2.10     (a) Notwithstanding Minnesota Statutes, section 245A.03, 
  2.11  subdivision 2, clause (2), until June 30, 1999, nonresidential 
  2.12  child care programs or services that are provided by an 
  2.13  unrelated individual to persons from two or three other 
  2.14  unrelated families are excluded from the licensure provisions of 
  2.15  Minnesota Statutes, chapter 245A, provided that: 
  2.16     (1) the individual provides services at any one time to no 
  2.17  more than four children who are unrelated to the individual; 
  2.18     (2) no more than two of the children are under two years of 
  2.19  age; and 
  2.20     (3) the total number of children being cared for at any one 
  2.21  time does not exceed five. 
  2.22     (b) Paragraph (a), clauses (1) to (3), do not apply to 
  2.23  nonresidential programs that are provided by an unrelated 
  2.24  individual to persons from a single related family. 
  2.25     (c) Paragraph (a) does not apply to nonresidential child 
  2.26  care programs or services that are provided by an individual who 
  2.27  is or who has been licensed as a family day care or group family 
  2.28  day care provider under Minnesota Statutes, chapter 245A, if: 
  2.29     (1) the commissioner has imposed any of the following 
  2.30  actions against the provider's license:  denial, revocation, 
  2.31  nonrenewal, probation, or suspension or immediate suspension, as 
  2.32  these terms are defined in Minnesota Rules, part 9502.0341; and 
  2.33     (2) the commissioner's decision to impose a negative 
  2.34  licensing action has not been reversed on appeal, if the 
  2.35  provider has appealed the negative licensing action. 
  2.36     Sec. 4.  [EFFECTIVE DATE.] 
  3.1      Sections 1 to 3 are effective the day following final 
  3.2   enactment.