HF 3737

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/09/2020 02:26pm

A bill for an act
relating to human services; amending child care provider licensing and training
provisions; amending Minnesota Statutes 2018, sections 245A.02, subdivision 2c;
245A.50, as amended; Minnesota Statutes 2019 Supplement, sections 245A.149;
245A.40, subdivision 7.

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

Section 1.

Minnesota Statutes 2018, section 245A.02, subdivision 2c, is amended to read:

Subd. 2c.

Annual or annually; family child care training requirements.

For the
purposes of deleted text begin section deleted text end new text begin sections new text end 245A.50 deleted text begin , subdivisions 1 deleted text end deleted text begin to 9 deleted text end new text begin to 245A.53 new text end , "annual" or "annually"
means the 12-month period beginning on the license effective date or the annual anniversary
of the effective date and ending on the day prior to the annual anniversary of the license
effective date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 2.

Minnesota Statutes 2019 Supplement, section 245A.149, is amended to read:

245A.149 SUPERVISION OF FAMILY CHILD CARE LICENSE HOLDER'S
OWN CHILD.

(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, new text begin and with the license
holder's consent, new text end an individual may be present in the licensed space, may supervise the
family child care license holder's own child both inside and outside of the licensed space,
and is exempt from the training and supervision requirements of this chapter and Minnesota
Rules, chapter 9502, if the individual:

(1) is related to the license holder new text begin or to the license holder's child new text end , as defined in section
245A.02, subdivision 13 new text begin , or is a household member who the license holder has reported to
the county agency new text end ;

(2) is not a designated caregiver, helper, or substitute for the licensed program;

(3) is involved only in the care of the license holder's own child; and

(4) does not have direct, unsupervised contact with any nonrelative children receiving
services.

(b) If the individual in paragraph (a) is not a household member, the individual is also
exempt from background study requirements under chapter 245C.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 7, is amended
to read:

Subd. 7.

In-service.

(a) A license holder must ensure that the center director, staff
persons, substitutes, and unsupervised volunteers complete in-service training each calendar
year.

(b) The center director and staff persons who work more than 20 hours per week must
complete 24 hours of in-service training each calendar year. Staff persons who work 20
hours or less per week must complete 12 hours of in-service training each calendar year.
Substitutes and unsupervised volunteers must complete the requirements of paragraphs deleted text begin (e)
to (h) deleted text end new text begin (d) through (g) new text end and do not otherwise have a minimum number of hours of training to
complete.

(c) The number of in-service training hours may be prorated for individuals not employed
for an entire year.

(d) Each year, in-service training must include:

(1) the center's procedures for maintaining health and safety according to section 245A.41
and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according
to Minnesota Rules, part 9503.0110;

(2) the reporting responsibilities under section 626.556 and Minnesota Rules, part
9503.0130;

(3) at least one-half hour of training on the standards under section 245A.1435 and on
reducing the risk of sudden unexpected infant death as required under subdivision 5, if
applicable; and

(4) at least one-half hour of training on the risk of abusive head trauma from shaking
infants and young children as required under subdivision 5a, if applicable.

(e) Each year, or when a change is made, whichever is more frequent, in-service training
must be provided on: (1) the center's risk reduction plan under section 245A.66, subdivision
2; and (2) a child's individual child care program plan as required under Minnesota Rules,
part 9503.0065, subpart 3.

(f) At least once every two calendar years, the in-service training must include:

(1) child development and learning training under subdivision 2;

(2) pediatric first aid that meets the requirements of subdivision 3;

(3) pediatric cardiopulmonary resuscitation training that meets the requirements of
subdivision 4;

(4) cultural dynamics training to increase awareness of cultural differences; and

(5) disabilities training to increase awareness of differing abilities of children.

(g) At least once every five years, in-service training must include child passenger
restraint training that meets the requirements of subdivision 6, if applicable.

(h) The remaining hours of the in-service training requirement must be met by completing
training in the following content areas of the Minnesota Knowledge and Competency
Framework:

(1) Content area I: child development and learning;

(2) Content area II: developmentally appropriate learning experiences;

(3) Content area III: relationships with families;

(4) Content area IV: assessment, evaluation, and individualization;

(5) Content area V: historical and contemporary development of early childhood
education;

(6) Content area VI: professionalism;

(7) Content area VII: health, safety, and nutrition; and

(8) Content area VIII: application through clinical experiences.

(i) For purposes of this subdivision, the following terms have the meanings given them.

(1) "Child development and learning training" means training in understanding how
children develop physically, cognitively, emotionally, and socially and learn as part of the
children's family, culture, and community.

(2) "Developmentally appropriate learning experiences" means creating positive learning
experiences, promoting cognitive development, promoting social and emotional development,
promoting physical development, and promoting creative development.

(3) "Relationships with families" means training on building a positive, respectful
relationship with the child's family.

(4) "Assessment, evaluation, and individualization" means training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality.

(5) "Historical and contemporary development of early childhood education" means
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs.

(6) "Professionalism" means training in knowledge, skills, and abilities that promote
ongoing professional development.

(7) "Health, safety, and nutrition" means training in establishing health practices, ensuring
safety, and providing healthy nutrition.

(8) "Application through clinical experiences" means clinical experiences in which a
person applies effective teaching practices using a range of educational programming models.

(j) The license holder must ensure that documentation, as required in subdivision 10,
includes the number of total training hours required to be completed, name of the training,
the Minnesota Knowledge and Competency Framework content area, number of hours
completed, and the director's approval of the training.

(k) In-service training completed by a staff person that is not specific to that child care
center is transferable upon a staff person's change in employment to another child care
program.

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.

Minnesota Statutes 2018, section 245A.50, as amended by Laws 2019, First Special
Session chapter 9, article 2, section 53, is amended to read:

245A.50 FAMILY CHILD CARE TRAINING REQUIREMENTS.

Subdivision 1.

Initial training.

(a) License holders, new text begin adult new text end caregivers, and substitutes
must comply with the training requirements in this section.

(b) Helpers who assist with care on a regular basis must complete six hours of training
within one year after the date of initial employment.

(c) Training requirements established under this section that must be completed prior
to initial licensure must be satisfied only by a newly licensed child care provider or by a
child care provider who has not held an active child care license in Minnesota in the previous
12 months. A child care provider who voluntarily cancels a license or allows the license to
lapse for a period of less than 12 months and who seeks reinstatement of the lapsed or
canceled license within 12 months of the lapse or cancellation must satisfy the annual,
ongoing training requirements, and is not required to satisfy the training requirements that
must be completed prior to initial licensure. A child care provider who relocates within the
state must (1) satisfy the annual, ongoing training requirements according to the schedules
established in this section and (2) not be required to satisfy the training requirements under
this section that the child care provider completed prior to initial licensure. If a licensed
provider moves to a new county, the new county is prohibited from requiring the provider
to complete any orientation class or training for new providers.

new text begin (d) Before an adult caregiver or substitute cares for a child or assists in the care of a
child, the license holder must train the adult caregiver or substitute on:
new text end

new text begin (1) the emergency preparedness plan required under section 245A.51, subdivision 3;
and
new text end

new text begin (2) allergy prevention and response required under section 245A.51, subdivision 1.
new text end

new text begin Subd. 1a. new text end

new text begin Definitions and general provisions. new text end

new text begin (a) For the purposes of this section, the
following terms have the meanings given:
new text end

new text begin (1) "adult caregiver" means an adult other than the license holder who supervises children
for a cumulative total of more than 500 hours annually;
new text end

new text begin (2) "helper" means a minor, ages 13 to 17, who assists in caring for children; and
new text end

new text begin (3) "substitute" means an adult who assumes responsibility for a provider for a cumulative
total of not more than 500 hours annually.
new text end

new text begin (b) Notwithstanding other requirements of this section, courses within the identified
Knowledge and Competency Areas that are specific to child care centers or legal nonlicensed
providers do not fulfill the requirements of this section.
new text end

Subd. 2.

Child development and learning and behavior guidance training.

(a) For
purposes of family and group family child care, the license holder and each adult caregiver
deleted text begin who provides care in the licensed setting for more than 30 days in any 12-month period deleted text end
shall complete and document at least four hours of child growth and learning and behavior
guidance training prior to initial licensure, and before caring for children. deleted text begin For purposes of
this subdivision, "child development and learning training" means training in understanding
how children develop physically, cognitively, emotionally, and socially and learn as part
of the children's family, culture, and community. "Behavior guidance training" means
deleted text end deleted text begin training in the understanding of the functions of child behavior and strategies for managing
challenging situations. At least two hours of child development and learning or behavior
guidance training must be repeated annually. Training curriculum shall be developed or
approved by the commissioner of human services.
deleted text end

new text begin This requirement must be met by completing one of the following:
new text end

new text begin (1) two hours in Knowledge and Competency Area I: Child Development and Learning
or Knowledge, and two hours in Knowledge and Competency Area II-C: Promoting Social
and Emotional Development; or
new text end

new text begin (2) four hours in Knowledge and Competency Area II-C; or
new text end

new text begin (3) one four-hour course in both Knowledge and Competency Area I and Knowledge
and Competency Area II-C.
new text end

new text begin Training curriculum shall be developed or approved by the commissioner of human services.
new text end

(b) Notwithstanding new text begin initial child development and learning and behavior guidance
training requirements in new text end paragraph (a), individuals are exempt from this requirement if they:

(1) have taken a three-credit course on early childhood development within the past five
years;

(2) have received a baccalaureate or master's degree in early childhood education or
school-age child care within the past five years;

(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator,
a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special
education teacher, or an elementary teacher with a kindergarten endorsement; or

(4) have received a baccalaureate degree with a Montessori certificate within the past
five years.

new text begin (c) The license holder and adult caregivers must annually take at least two hours of child
development and learning or behavior guidance training. This annual training must be
fulfilled by completing any course in Knowledge and Competency Area I: Child Development
and Learning or Knowledge and Competency Area II-C: Promoting Social and Emotional
development. Training curriculum shall be developed or approved by the commissioner of
human services.
new text end

new text begin (d) A three-credit course about early childhood development meets the requirements of
paragraph (c).
new text end

Subd. 3.

First aid.

(a) deleted text begin When children are present in a family child care home governed
by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person must be present
in the home who has been trained in first aid deleted text end new text begin Before initial licensure and before caring for
a child, license holders, adult caregivers, and substitutes must be trained in pediatric first
aid new text end . The first aid training must have been provided by an individual approved to provide
first aid instruction. First aid training may be less than eight hours and persons qualified to
provide first aid training include individuals approved as first aid instructors. deleted text begin First aid
training must be repeated deleted text end new text begin License holders, adult caregivers, and substitutes must repeat
pediatric first aid training new text end every two years.

deleted text begin (b) A family child care provider is exempt from the first aid training requirements under
this subdivision related to any substitute caregiver who provides less than 30 hours of care
during any 12-month period.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Video training reviewed and approved by the county licensing agency satisfies
the training requirement of this subdivision.

Subd. 4.

Cardiopulmonary resuscitation.

(a) deleted text begin When children are present in a family
child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one
caregiver must be present in the home who has been trained in cardiopulmonary resuscitation
(CPR) deleted text end new text begin Before initial licensure and before caring for a child, license holders, adult caregivers,
and substitutes must be trained in pediatric cardiopulmonary resuscitation (CPR) new text end , including
CPR techniques for infants and children, and in the treatment of obstructed airways. The
CPR training must have been provided by an individual approved to provide CPR instruction deleted text begin , deleted text end new text begin .
License holders, adult caregivers, and substitutes new text end must deleted text begin be repeated deleted text end new text begin repeat pediatric CPR
training new text end at least once every two years, and new text begin it new text end must be documented in the deleted text begin caregiver's deleted text end new text begin license
holder's new text end records.

deleted text begin (b) A family child care provider is exempt from the CPR training requirement in this
subdivision related to any substitute caregiver who provides less than 30 hours of care during
any 12-month period.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Persons providing CPR training must use CPR training that has been developed:

(1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or

(2) using nationally recognized, evidence-based guidelines for CPR training and
incorporates psychomotor skills to support the instruction.

Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

(a)
License holders must new text begin ensure and new text end document that before deleted text begin staff persons deleted text end new text begin the license holder new text end , new text begin adult
new text end caregivers, new text begin substitutes, new text end 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 new text begin ensure and new text end document that before
deleted text begin staff persons deleted text end new text begin the license holder new text end , new text begin adult new text end caregivers, new text begin substitutes, new text end 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, at a minimum, 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, at a minimum,
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. 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.

(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 deleted text begin license holder deleted text end new text begin
person receiving training new text end is not receiving training in person or as allowed under subdivision
10, clause (1) or (2), the deleted text begin license holder deleted text end new text begin person receiving training in accordance with this
subdivision new text end 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.

(f) An individual who is related to the license holder as defined in section 245A.02,
subdivision 13, and who is involved only in the care of the license holder's own infant or
child under school age and who is not designated to be deleted text begin a deleted text end new text begin an adult new text end caregiver, helper, or
substitute deleted text begin , as defined in Minnesota Rules, part 9502.0315, deleted text end for the licensed program, is
exempt from the sudden unexpected infant death and abusive head trauma training.

Subd. 6.

Child passenger restraint systems; training requirement.

(a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.

(b) Family and group family child care programs licensed by the Department of Human
Services that serve a child or children under nine years of age must document training that
fulfills the requirements in this subdivision.

(1) Before a license holder, deleted text begin staff person, deleted text end new text begin adult new text end caregiver, new text begin substitute, new text end or helper transports
a child or children under age nine in a motor vehicle, the person placing the child or children
in a passenger restraint must satisfactorily complete training on the proper use and installation
of child restraint systems in motor vehicles. Training completed under this subdivision may
be used to meet initial training under subdivision 1 or ongoing training under subdivision
7.

(2) Training required under this subdivision must be at least one hour in length, completed
at initial training, and repeated at least once every five years. At a minimum, the training
must address the proper use of child restraint systems based on the child's size, weight, and
age, and the proper installation of a car seat or booster seat in the motor vehicle used by the
license holder to transport the child or children.

(3) Training under this subdivision must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public Safety
website or by contacting the agency.

(c) Child care providers that only transport school-age children as defined in section
245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.

Subd. 7.

Training requirements for family and group family child care.

For purposes
of family and group family child care, the license holder and each deleted text begin primary deleted text end new text begin adult new text end caregiver
must complete 16 hours of ongoing training each year. deleted text begin For purposes of this subdivision, a
primary caregiver is an adult caregiver who provides services in the licensed setting for
more than 30 days in any 12-month period. deleted text end Repeat of topical training requirements in
subdivisions 2 to 8 shall count toward the annual 16-hour training requirement. Additional
ongoing training subjects to meet the annual 16-hour training requirement must be selected
from the following areas:

(1) child development and learning training deleted text begin under subdivision 2, paragraph (a) deleted text end new text begin in
understanding how a child develops physically, cognitively, emotionally, and socially, and
how a child learns as part of the child's family, culture, and community new text end ;

(2) developmentally appropriate learning experiences, including training in creating
positive learning experiences, promoting cognitive development, promoting social and
emotional development, promoting physical development, promoting creative development;
and behavior guidance;

(3) relationships with families, including training in building a positive, respectful
relationship with the child's family;

(4) assessment, evaluation, and individualization, including training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality;

(5) historical and contemporary development of early childhood education, including
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs;

(6) professionalism, including training in knowledge, skills, and abilities that promote
ongoing professional development; and

(7) health, safety, and nutrition, including training in establishing healthy practices;
ensuring safety; and providing healthy nutrition.

Subd. 8.

Other required training requirements.

(a) The training required of family
and group family child care providers and staff must include training in the cultural dynamics
of early childhood development and child care. The cultural dynamics and disabilities
training and skills development of child care providers must be designed to achieve outcomes
for providers of child care that include, but are not limited to:

(1) an understanding and support of the importance of culture and differences in ability
in children's identity development;

(2) understanding the importance of awareness of cultural differences and similarities
in working with children and their families;

(3) understanding and support of the needs of families and children with differences in
ability;

(4) developing skills to help children develop unbiased attitudes about cultural differences
and differences in ability;

(5) developing skills in culturally appropriate caregiving; and

(6) developing skills in appropriate caregiving for children of different abilities.

The commissioner shall approve the curriculum for cultural dynamics and disability
training.

(b) The provider must meet the training requirement in section 245A.14, subdivision
11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child care
or group family child care home to use the swimming pool located at the home.

Subd. 9.

Supervising for safety; training requirement.

(a) new text begin Courses required by this
subdivision must include the following health and safety topics:
new text end

new text begin (1) preventing and controlling infectious diseases;
new text end

new text begin (2) administering medication;
new text end

new text begin (3) preventing and responding to allergies;
new text end

new text begin (4) ensuring building and physical premise safety;
new text end

new text begin (5) handling and storing biological contaminants;
new text end

new text begin (6) preventing and reporting child abuse and maltreatment; and
new text end

new text begin (7) emergency preparedness.
new text end

new text begin (b) new text end Before initial licensure and before caring for a child, all family child care license
holders and each adult caregiver deleted text begin who provides care in the licensed family child care home
for more than 30 days in any 12-month period deleted text end shall complete and document the completion
of the six-hour Supervising for Safety for Family Child Care course developed by the
commissioner.

new text begin (c) The license holder must ensure and document that, before caring for a child, all
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course developed by the commissioner, which must include health and safety
topics as well as child development and learning.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end The family child care license holder and each adult caregiver deleted text begin who provides care
in the licensed family child care home for more than 30 days in any 12-month period deleted text end shall
complete and document:

(1) the annual completion of a two-hour active supervision course developed by the
commissioner new text begin , which may be fulfilled by completing any course in Knowledge and
Competency Area VII-A: Establishing Healthy Practices or Knowledge and Competency
area VII-B: Ensuring Safety, that is not otherwise required in this section new text end ; and

(2) the completion at least once every five years of the two-hour courses Health and
Safety I and Health and Safety II. A license holder's or adult caregiver's completion of either
training in a given year meets the annual active supervision training requirement in clause
(1).

new text begin (e) At least once every three years, license holders must ensure and document that
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course.
new text end

Subd. 10.

Approved training.

County licensing staff must accept training approved by
the Minnesota Center for Professional Development, including:

(1) face-to-face or classroom training;

(2) online training; and

(3) relationship-based professional development, such as mentoring, coaching, and
consulting.

Subd. 11.

Provider training.

New and increased training requirements under this section
must not be imposed on providers until the commissioner establishes statewide accessibility
to the required provider training.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 5. new text begin DIRECTION TO THE COMMISSIONER; EVALUATION OF
CONTINUOUS LICENSES.
new text end

new text begin By January 1, 2021, the commissioner of human services shall consult with family child
care license holders and county agencies to determine whether family child care licenses
should automatically renew instead of requiring license holders to reapply for licensure. If
the commissioner determines that family child care licenses should automatically renew,
the commissioner must propose legislation for the 2021 legislative session to make the
required amendments to statute and administrative rules, as necessary.
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