HF 3437

as introduced - 89th Legislature (2015 - 2016) Posted on 04/06/2016 12:58pm

A bill for an act
relating to human services; requiring oversight and training of family child care
licensors; requiring the commissioner to develop a training curriculum; amending
Minnesota Statutes 2014, section 245A.16, subdivision 6, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 245A.16, subdivision 6, is amended to read:

Subd. 6.

Certification by commissioner.

The commissioner shall ensure that
rules are uniformly enforced throughout the state by reviewing each county and private
agency for compliance with this section and other applicable laws and rules at least
every four years new text begin , except that the commissioner shall review county agency compliance
with applicable family child care laws and rules and licensor training requirements once
every two years new text end . County agencies that comply with this section shall be certified by
the commissioner. If a county agency fails to be certified by the commissioner, the
commissioner shall certify a reduction of state administrative aids in an amount up to 20
percent of the county's state portion of Vulnerable Children and Adults Act funding.

Sec. 2.

Minnesota Statutes 2014, section 245A.16, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Family child care licensing oversight. new text end

new text begin (a) The commissioner shall
develop a training curriculum for all county agency family child care licensors. The
training curriculum shall include, but is not limited to, the following topics:
new text end

new text begin (1) family child care licensing standards, including health and safety standards, as
defined in this chapter and Minnesota Rules, chapter 9502;
new text end

new text begin (2) family child care provider training requirements, including training requirements
on sudden unexpected infant death and abusive head trauma, as defined in section 245A.50;
new text end

new text begin (3) licensing functions, as defined in Minnesota Rules, part 9543.0030;
new text end

new text begin (4) license application procedures, as defined in Minnesota Rules, part 9543.0040;
new text end

new text begin (5) variance request procedures, as defined in Minnesota Rules, part 9543.0050;
new text end

new text begin (6) investigations of licensed and unlicensed programs, as defined in Minnesota
Rules, parts 9543.0070 and 9543.0080;
new text end

new text begin (7) correction orders and conditional licenses, as defined in Minnesota Rules, part
9543.0090;
new text end

new text begin (8) negative licensing actions, as defined in Minnesota Rules, part 9543.0100;
new text end

new text begin (9) enforcing orders, contested case proceedings, and informal dispositions, as
defined in Minnesota Rules, parts 9543.0110 and 9543.0120;
new text end

new text begin (10) administrative requirements, including maintaining records, as defined in
Minnesota Rules, part 9543.0130; and
new text end

new text begin (11) legislative changes to family child care licensing standards.
new text end

new text begin (b) County agency licensors shall complete the training curriculum in paragraph
(a), clauses (1) to (9), prior to conducting licensing inspections or investigations and
once every three years thereafter. This training must be provided by a county licensing
supervisor or by another licensor who has completed the training curriculum. Training
required in paragraph (a), clause (10), must be completed annually and the training
required in paragraph (a), clause (11), must be completed in years when there are
legislative changes to family child care licensing standards.
new text end

new text begin (c) Any county agency licensor conducting licensing inspections or investigations
prior to the effective date of the training requirements in this subdivision shall complete
the training curriculum within one year of the training being made available by the
commissioner.
new text end

new text begin (d) County agencies shall document and maintain a record of completed training that
is required in this section for each county licensor. County licensors must complete at
least six hours of annual training provided by the commissioner. The training curriculum
in this subdivision meets the ongoing training requirements set forth in Minnesota Rules,
part 9543.0130.
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