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HF 4419

as introduced - 90th Legislature (2017 - 2018) Posted on 04/16/2018 02:21pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; modifying family child care training and background
study requirements; amending Minnesota Statutes 2017 Supplement, sections
245A.50, subdivisions 2, 7, 9; 245C.04, subdivision 8.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 245A.50, subdivision 2, is
amended to read:


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
who provides care in the licensed setting for more than 30 daysnew text begin of at least eight hoursnew text end in
any 12-month period 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. 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 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.

(b) Notwithstanding 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.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 245A.50, subdivision 7, is amended
to read:


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 primary caregiver must
complete 16 hours of ongoing training each year. For purposes of this subdivision, a primary
caregiver is an adult caregiver who provides services in the licensed setting for more than
30 daysnew text begin of at least eight hoursnew text end in any 12-month period. 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 under subdivision 2, paragraph (a);

(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.

Sec. 3.

Minnesota Statutes 2017 Supplement, section 245A.50, subdivision 9, is amended
to read:


Subd. 9.

Supervising for safety; training requirement.

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

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

(1) the annual completion of a two-hour active supervision course developed by the
commissioner; 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).

Sec. 4.

Minnesota Statutes 2017 Supplement, section 245C.04, subdivision 8, is amended
to read:


Subd. 8.

Current or prospective contractors serving multiple family child care
license holders.

(a) Before the implementation of NETStudy 2.0, current or prospective
contractors who are required to have a background study under section 245C.03, subdivision
1
, who provide services for multiple family child care license holders in a single countynew text begin or
in multiple counties
new text end , and will have direct contact with children served in the family child
care setting are required to have only one background study which is transferable to all
family child care programs in deleted text begin thatdeleted text end new text begin anynew text end county deleted text begin if:deleted text end new text begin , if the contractor's background study is
repeated every two years. The county agency that conducted the initial background study
must maintain a record of the contractor's background study results which verify the
contractor is approved to have direct contact with children receiving services, and the license
holder must contact the county agency that conducted the initial background study and
obtain notice that the current or prospective contractor is in compliance with background
study requirements and approved to have direct contact.
new text end

deleted text begin (1) the county agency maintains a record of the contractor's background study results
which verify the contractor is approved to have direct contact with children receiving
services;
deleted text end

deleted text begin (2) the license holder contacts the county agency and obtains notice that the current or
prospective contractor is in compliance with background study requirements and approved
to have direct contact; and
deleted text end

deleted text begin (3) the contractor's background study is repeated every two years.
deleted text end

(b) For a family child care license holder operating under NETStudy 2.0, the license
holder's active roster shall be the system used to document when a background study subject
is affiliated with the license holder.