HF 4128

as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2018 12:02pm

A bill for an act
relating to human services; modifying child care licensing requirements; requiring
a report; amending Minnesota Statutes 2016, sections 245A.04, subdivision 9;
245A.14, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 245A.04, subdivision 9, is amended to read:

Subd. 9.

Variances.

new text begin (a) new text end The commissioner may grant variances to rules that do not affect
the health or safety of persons in a licensed program if the following conditions are met:

(1) the variance must be requested by an applicant or license holder on a form and in a
manner prescribed by the commissioner;

(2) the request for a variance must include the reasons that the applicant or license holder
cannot comply with a requirement as stated in the rule and the alternative equivalent measures
that the applicant or license holder will follow to comply with the intent of the rule; and

(3) the request must state the period of time for which the variance is requested.

The commissioner may grant a permanent variance when conditions under which the
variance is requested do not affect the health or safety of persons being served by the licensed
program, nor compromise the qualifications of staff to provide services. The permanent
variance shall expire as soon as the conditions that warranted the variance are modified in
any way. Any applicant or license holder must inform the commissioner of any changes or
modifications that have occurred in the conditions that warranted the permanent variance.
Failure to advise the commissioner shall result in revocation of the permanent variance and
may be cause for other sanctions under sections 245A.06 and 245A.07.

The commissioner's decision to grant or deny a variance request is final and not subject
to appeal under the provisions of chapter 14.

new text begin (b) The commissioner shall consider variances for child care center staff qualification
requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
the health and safety of children served by the center. A variance request must be submitted
to the commissioner according to paragraph (a) and must include a plan for the staff person
to gain additional experience, education, or training as requested by the commissioner.
When reviewing a variance request under this section, the commissioner shall consider the
staff person's level of professional development and completion of child care training courses.
new text end

Sec. 2.

Minnesota Statutes 2016, section 245A.14, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Specialized infant and toddler family child care. new text end

new text begin A group family day care
program licensed to care for a combined total of no more than four infants and toddlers and
of that total no more than three infants, under Minnesota Rules, part 9502.0367, may operate
as a class B specialized infant and toddler family day care program on days when only one
caregiver is present.
new text end

Sec. 3. new text begin DIRECTION TO COMMISSIONER; CHILD CARE LICENSING REFORM.
new text end

new text begin The commissioner of human services shall:
new text end

new text begin (1) review best practices and related research regarding child care licensing and technical
assistance to providers;
new text end

new text begin (2) review best practices and related research regarding the alignment of child care
licensing and technical assistance with other programs and supports related to child care,
including but not limited to the Quality Rating and Improvement System and the Child and
Adult Food Care Program, in order to maximize available resources and supports and avoid
duplication;
new text end

new text begin (3) review relevant administrative data to assist the commissioner and the legislature
with efforts to reform existing child care licensing and technical assistance practices;
new text end

new text begin (4) establish and implement a stakeholder engagement process to present the
commissioner's findings under this section and receive feedback about potential rulemaking
and other regulatory reform; and
new text end

new text begin (5) by January 31, 2019, deliver a report on the commissioner's activities under this
section, timeline for child care reforms, and plan for the rulemaking process to the chairs
and ranking minority members of the legislative committees with jurisdiction over child
care.
new text end