HF 3434

as introduced - 89th Legislature (2015 - 2016) Posted on 03/31/2016 04:40pm

A bill for an act
relating to human services; modifying certain provisions governing child care
programs; proposing coding for new law in Minnesota Statutes, chapter 245A.

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

Section 1.

new text begin [245A.055] NOTIFICATION TO PROVIDER.
new text end

new text begin (a) When the county employee responsible for family child care and group family
child care licensing conducts a licensing inspection or conducts a home visit, the employee
must provide, prior to departure from the residence or facility, a written notification to
the licensee of any potential licensing violations noted. The notification must include
the condition that constitutes the violation, the action that must be taken to correct the
condition, and the time allowed to correct the violation.
new text end

new text begin (b) Providing this notification to the licensee does not relieve the county employee
from notifying the commissioner of the violation as required by statute and administrative
rule.
new text end

Sec. 2.

new text begin [245A.55] TRAINING FOR COUNTY LICENSING STAFF ON FAMILY
CHILD CARE AND GROUP FAMILY CHILD CARE REQUIREMENTS;
SUPERVISION.
new text end

new text begin (a) Within the first two months of employment, county staff who license and inspect
family child care and group family child care programs must complete at least eight hours
of training on state statutes, administrative rules, and department policies related to the
licensing and regulation of family child care and group family child care programs. The
department must develop the training curriculum to ensure that all county staff who perform
licensing and inspection functions receive uniform training. This training must include:
new text end

new text begin (1) explicit instructions that county staff who license and perform inspections
must apply only state statutes, administrative rules, and Department of Human Services
policies in the performance of their duties. Training must reinforce that county staff are
prohibited from imposing standards or requirements that are not imposed by statute, rule,
or approved state policy;
new text end

new text begin (2) the rights of license holders, including their grievance and appeal rights. This
training must include information on the responsibility of the county staff to inform license
holders of their rights, including grievance and appeal rights; and
new text end

new text begin (3) the procedure for county staff to seek clarification from the Department of
Human Services prior to issuing a correction order or other notice of violation to a license
holder if there is a dispute between the license holder and the county licensor regarding
the applicability of a statute or rule to the alleged violation.
new text end

new text begin (b) To ensure consistency among all licensing staff, the commissioner must develop
a procedure by which the department will implement increased training and oversight of
county staff who perform licensing functions related to family child care licensing. This
procedure must ensure that the commissioner conducts at least biennial reviews of county
licensing performance.
new text end

new text begin (c) Each calendar year, county agency staff who license and regulate family child
care providers and group family child care providers and their supervisors must receive
notice from the commissioner on new laws enacted or adopted in the previous 12-month
period relating to family child care providers and group family child care providers. The
commissioner shall provide the notices each year to include information on new laws and
disseminate the notices to county agencies.
new text end