HF 4537

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/11/2024 03:46pm

A bill for an act
relating to human services; the Department of Human Services Office of Inspector
General executive bill on children's licensing issues; amending Minnesota Statutes
2022, sections 245A.04, subdivision 10, by adding a subdivision; 245A.09,
subdivision 7; 245A.14, subdivision 17; 245A.16, by adding a subdivision;
245A.52, subdivision 2; 245A.66, subdivision 2; 245C.08, subdivision 4; 245E.08;
245H.01, by adding subdivisions; 245H.08, subdivision 1; 245H.14, subdivisions
1, 4; 260E.30, subdivision 3; Minnesota Statutes 2023 Supplement, sections 13.46,
subdivision 4; 245A.02, subdivision 2c; 245A.16, subdivision 11; 245C.02,
subdivision 6a; 245C.033, subdivision 3; 245C.10, subdivision 15; 245H.06,
subdivisions 1, 2; 245H.08, subdivisions 4, 5; proposing coding for new law in
Minnesota Statutes, chapter 245H; repealing Minnesota Rules, part 9545.0805,
subpart 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 13.46, subdivision 4, is amended
to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" are all data collected, maintained, used, or disseminated by the
welfare system pertaining to persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under the authority of the
commissioner of human services;

(2) "client" means a person who is receiving services from a licensee or from an applicant
for licensure; and

(3) "personal and personal financial data" are Social Security numbers, identity of and
letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1)(i) Except as provided in paragraph (c), the following data on applicants,
new text begin certification holders, new text end license holders, and former licensees are public: name, address,
telephone number of licensees, new text begin email addresses except for family child foster care, new text end date of
receipt of a completed application, dates of licensure, licensed capacity, type of client
preferred, variances granted, record of training and education in child care and child
development, type of dwelling, name and relationship of other family members, previous
license history, class of license, the existence and status of complaints, and the number of
serious injuries to or deaths of individuals in the licensed program as reported to the
commissioner of human services, the local social services agency, or any other county
welfare agency. For purposes of this clause, a serious injury is one that is treated by a
physician.

(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
an order of license suspension, an order of temporary immediate suspension, an order of
license revocation, an order of license denial, or an order of conditional license has been
issued, or a complaint is resolved, the following data on current and former licensees and
applicants are public: the general nature of the complaint or allegations leading to the
temporary immediate suspension; the substance and investigative findings of the licensing
or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
of settlement negotiations; the record of informal resolution of a licensing violation; orders
of hearing; findings of fact; conclusions of law; specifications of the final correction order,
fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; whether a fine has been paid; and the status of
any appeal of these actions.

(iii) When a license denial under section 245A.05 or a sanction under section 245A.07
is based on a determination that a license holder, applicant, or controlling individual is
responsible for maltreatment under section 626.557 or chapter 260E, the identity of the
applicant, license holder, or controlling individual as the individual responsible for
maltreatment is public data at the time of the issuance of the license denial or sanction.

(iv) When a license denial under section 245A.05 or a sanction under section 245A.07
is based on a determination that a license holder, applicant, or controlling individual is
disqualified under chapter 245C, the identity of the license holder, applicant, or controlling
individual as the disqualified individual is public data at the time of the issuance of the
licensing sanction or denial. If the applicant, license holder, or controlling individual requests
reconsideration of the disqualification and the disqualification is affirmed, the reason for
the disqualification and the reason to not set aside the disqualification are private data.

(v) A correction order or fine issued to a child care provider for a licensing violation is
private data on individuals under section 13.02, subdivision 12, or nonpublic data under
section 13.02, subdivision 9, if the correction order or fine is seven years old or older.

(2) For applicants who withdraw their application prior to licensure or denial of a license,
the following data are public: the name of the applicant, the city and county in which the
applicant was seeking licensure, the dates of the commissioner's receipt of the initial
application and completed application, the type of license sought, and the date of withdrawal
of the application.

(3) For applicants who are denied a license, the following data are public: the name and
address of the applicant, the city and county in which the applicant was seeking licensure,
the dates of the commissioner's receipt of the initial application and completed application,
the type of license sought, the date of denial of the application, the nature of the basis for
the denial, the existence of settlement negotiations, the record of informal resolution of a
denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
order of denial, and the status of any appeal of the denial.

(4) When maltreatment is substantiated under section 626.557 or chapter 260E and the
victim and the substantiated perpetrator are affiliated with a program licensed under chapter
245A, the commissioner of human services, local social services agency, or county welfare
agency may inform the license holder where the maltreatment occurred of the identity of
the substantiated perpetrator and the victim.

(5) Notwithstanding clause (1), for child foster care, only the name of the license holder
and the status of the license are public if the county attorney has requested that data otherwise
classified as public data under clause (1) be considered private data based on the best interests
of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision 12,
or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
on family day care program and family foster care program applicants and licensees and
their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have made
reports concerning licensees or applicants that appear in inactive investigative data, and the
records of clients or employees of the licensee or applicant for licensure whose records are
received by the licensing agency for purposes of review or in anticipation of a contested
matter. The names of reporters of complaints or alleged violations of licensing standards
under chapters 245A, 245B, 245C, and 245D, and applicable rules and alleged maltreatment
under section 626.557 and chapter 260E, are confidential data and may be disclosed only
as provided in section 260E.21, subdivision 4; 260E.35; or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
subdivision become public data if submitted to a court or administrative law judge as part
of a disciplinary proceeding in which there is a public hearing concerning a license which
has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under this
subdivision that relate to or are derived from a report as defined in section 260E.03, or
626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,
subdivision 6, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.557 or chapter 260E may be exchanged with the Department of
Health for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant to
section 241.021.

(i) Data on individuals collected according to licensing activities under chapters 245A
and 245C, data on individuals collected by the commissioner of human services according
to investigations under section 626.557 and chapters 245A, 245B, 245C, 245D, and 260E
may be shared with the Department of Human Rights, the Department of Health, the
Department of Corrections, the ombudsman for mental health and developmental disabilities,
and the individual's professional regulatory board when there is reason to believe that laws
or standards under the jurisdiction of those agencies may have been violated or the
information may otherwise be relevant to the board's regulatory jurisdiction. Background
study data on an individual who is the subject of a background study under chapter 245C
for a licensed service for which the commissioner of human services is the license holder
may be shared with the commissioner and the commissioner's delegate by the licensing
division. Unless otherwise specified in this chapter, the identity of a reporter of alleged
maltreatment or licensing violations may not be disclosed.

(j) In addition to the notice of determinations required under sections 260E.24,
subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the
commissioner or the local social services agency has determined that an individual is a
substantiated perpetrator of maltreatment of a child based on sexual abuse, as defined in
section 260E.03, and the commissioner or local social services agency knows that the
individual is a person responsible for a child's care in another facility, the commissioner or
local social services agency shall notify the head of that facility of this determination. The
notification must include an explanation of the individual's available appeal rights and the
status of any appeal. If a notice is given under this paragraph, the government entity making
the notification shall provide a copy of the notice to the individual who is the subject of the
notice.

(k) All not public data collected, maintained, used, or disseminated under this subdivision
and subdivision 3 may be exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of regulating services for which
the Department of Human Services and the Department of Corrections have regulatory
authority.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 245A.02, subdivision 2c, is amended
to read:

Subd. 2c.

Annual or annually; family child care new text begin and family child foster care new text end .

For
the purposes of new text begin family child care under new text end sections 245A.50 to 245A.53 new text begin and family child foster
care training new text end , "annual" or "annually" means each calendar year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 3.

Minnesota Statutes 2022, section 245A.04, subdivision 10, is amended to read:

Subd. 10.

Adoption agency; additional requirements.

In addition to the other
requirements of this section, an individual or organization applying for a license to place
children for adoption must:

(1) incorporate as a nonprofit corporation under chapter 317A;

(2) file with the application for licensure a copy of the disclosure form required under
section 259.37, subdivision 2;

(3) provide evidence that a bond has been obtained and will be continuously maintained
throughout the entire operating period of the agency, to cover the cost of transfer of records
to and storage of records by the agency which has agreed, according to rule established by
the commissioner, to receive the applicant agency's records if the applicant agency voluntarily
or involuntarily ceases operation and fails to provide for proper transfer of the records. The
bond must be made in favor of the agency which has agreed to receive the records; and

(4) submit a deleted text begin certified audit deleted text end new text begin financial review completed by an accountant new text end to the
commissioner each year the license is renewed as required under section 245A.03, subdivision
1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 4.

Minnesota Statutes 2022, section 245A.04, is amended by adding a subdivision to
read:

new text begin Subd. 19. new text end

new text begin Family child foster care annual program evaluation. new text end

new text begin Upon implementation
of a continuous license process for family child foster care, the annual program evaluation
required under Minnesota Rules, part 2960.3100, subpart 1, item G, must be conducted
utilizing the electronic licensing inspection checklist information and the provider licensing
and reporting hub in a manner prescribed by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, section 245A.09, subdivision 7, is amended to read:

Subd. 7.

Regulatory methods.

(a) Where appropriate and feasible the commissioner
shall identify and implement alternative methods of regulation and enforcement to the extent
authorized in this subdivision. These methods shall include:

(1) expansion of the types and categories of licenses that may be granted;

(2) when the standards of another state or federal governmental agency or an independent
accreditation body have been shown to require the same standards, methods, or alternative
methods to achieve substantially the same intended outcomes as the licensing standards,
the commissioner shall consider compliance with the governmental or accreditation standards
to be equivalent to partial compliance with the licensing standards; and

(3) use of an abbreviated inspection that employs key standards that have been shown
to predict full compliance with the rules.

(b) If the commissioner accepts accreditation as documentation of compliance with a
licensing standard under paragraph (a), the commissioner shall continue to investigate
complaints related to noncompliance with all licensing standards. The commissioner may
take a licensing action for noncompliance under this chapter and shall recognize all existing
appeal rights regarding any licensing actions taken under this chapter.

(c) The commissioner shall work with the commissioners of health, public safety,
administration, and education in consolidating duplicative licensing and certification rules
and standards if the commissioner determines that consolidation is administratively feasible,
would significantly reduce the cost of licensing, and would not reduce the protection given
to persons receiving services in licensed programs. Where administratively feasible and
appropriate, the commissioner shall work with the commissioners of health, public safety,
administration, and education in conducting joint agency inspections of programs.

(d) The commissioner shall work with the commissioners of health, public safety,
administration, and education in establishing a single point of application for applicants
who are required to obtain concurrent licensure from more than one of the commissioners
listed in this clause.

(e) Unless otherwise specified in statute, the commissioner may conduct routine
inspections biennially.

(f) For a licensed child care center, the commissioner shall conduct one unannounced
licensing inspection at least deleted text begin annually deleted text end new text begin once each calendar year 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

Sec. 6.

Minnesota Statutes 2022, section 245A.14, subdivision 17, is amended to read:

Subd. 17.

Reusable water bottles or cups.

Notwithstanding any law to the contrary, a
licensed child care center may provide drinking water to a child in a reusable water bottle
or reusable cup if the center develops and ensures implementation of a written policy that
at a minimum includes the following procedures:

(1) each day the water bottle or cup is used, the child care center cleans and sanitizes
the water bottle or cup using procedures that comply with the Food Code under Minnesota
Rules, chapter 4626 new text begin , or allows the child's parent or legal guardian to bring the water bottle
or cup home new text end ;

(2) a water bottle or cup is assigned to a specific child and labeled with the child's first
and last name;

(3) water bottles and cups are stored in a manner that reduces the risk of a child using
the wrong water bottle or cup; and

(4) a water bottle or cup is used only for water.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 11, is amended
to read:

Subd. 11.

Electronic checklist use deleted text begin by family child care licensors deleted text end .

County new text begin and private
agency new text end staff who perform deleted text begin family child care deleted text end new text begin delegated new text end licensing functions must use the
commissioner's electronic licensing checklist in the manner prescribed by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2022, section 245A.16, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Licensed child-placing agency personnel requirements. new text end

new text begin (a) A licensed
child-placing agency must have an individual designated on staff or contract who supervises
the agency's casework. Supervising an agency's casework includes but is not limited to:
new text end

new text begin (1) reviewing and approving each written home study the agency completes on
prospective foster parents or applicants to adopt;
new text end

new text begin (2) ensuring ongoing compliance with licensing requirements; and
new text end

new text begin (3) overseeing staff and ensuring they have the training and resources needed to perform
their responsibilities.
new text end

new text begin (b) The individual who supervises the agency's casework must meet at least one of the
following qualifications:
new text end

new text begin (1) is a licensed social worker, licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker;
new text end

new text begin (2) is a trained culturally competent professional with experience in a relevant field; or
new text end

new text begin (3) is a licensed clinician with experience in a related field, including a clinician licensed
by a health-related licensing board, under section 214.01, subdivision 2.
new text end

new text begin (c) The commissioner may grant a variance under section 245A.04, subdivision 9, to
the requirements in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 9.

Minnesota Statutes 2022, section 245A.52, subdivision 2, is amended to read:

Subd. 2.

Door to attached garage.

deleted text begin Notwithstanding Minnesota Rules, part 9502.0425,
subpart 5, day care residences with an attached garage are not required to have a self-closing
door to the residence. The door to the residence may be deleted text end new text begin (a) If there is an opening between
an attached garage and a day care residence, there must be a door that is:
new text end

new text begin (1) a solid wood bonded-core door at least 1-3/8 inches thick;
new text end

new text begin (2) new text end a steel insulated door deleted text begin if the door is deleted text end at least 1-3/8 inches thick deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) a door with a fire protection rating of 20 minutes.
new text end

new text begin (b) The separation wall on the garage side between the residence and garage must consist
of gypsum wallboard or its equivalent that is 1/2 inch thick.
new text end

Sec. 10.

Minnesota Statutes 2022, section 245A.66, subdivision 2, is amended to read:

Subd. 2.

Child care centers; risk reduction plan.

(a) Child care centers licensed under
this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan that
identifies the general risks to children served by the child care center. The license holder
must establish procedures to minimize identified risks, train staff on the procedures, and
annually review the procedures.

(b) The risk reduction plan must include an assessment of risk to children the center
serves or intends to serve and identify specific risks based on the outcome of the assessment.
The assessment of risk must be based on the following:

(1) an assessment of the risks presented by the physical plant where the licensed services
are provided, including an evaluation of the following factors: the condition and design of
the facility and its outdoor space, bathrooms, storage areas, and accessibility of medications
and cleaning products that are harmful to children when children are not supervised and the
existence of areas that are difficult to supervise; and

(2) an assessment of the risks presented by the environment for each facility and for
each site, including an evaluation of the following factors: the type of grounds and terrain
surrounding the building and the proximity to hazards, busy roads, and publicly accessed
businesses.

(c) The risk reduction plan must include a statement of measures that will be taken to
minimize the risk of harm presented to children for each risk identified in the assessment
required under paragraph (b) related to the physical plant and environment. At a minimum,
the stated measures must include the development and implementation of specific policies
and procedures or reference to existing policies and procedures that minimize the risks
identified.

(d) In addition to any program-specific risks identified in paragraph (b), the plan must
include development and implementation of specific policies and procedures or refer to
existing policies and procedures that minimize the risk of harm or injury to children,
including:

(1) closing children's fingers in doors, including cabinet doors;

(2) leaving children in the community without supervision;

(3) children leaving the facility without supervision;

(4) caregiver dislocation of children's elbows;

(5) burns from hot food or beverages, whether served to children or being consumed by
caregivers, and the devices used to warm food and beverages;

(6) injuries from equipment, such as scissors and glue guns;

(7) sunburn;

(8) feeding children foods to which they are allergic;

(9) children falling from changing tables; and

(10) children accessing dangerous items or chemicals or coming into contact with residue
from harmful cleaning products.

(e) The plan shall prohibit the accessibility of hazardous items to children.

(f) The plan must include specific policies and procedures to ensure adequate supervision
of children at all times as defined under section 245A.02, subdivision 18, with particular
emphasis on:

(1) times when children are transitioned from one area within the facility to another;

(2) nap-time supervision, including infant crib rooms as specified under section 245A.02,
subdivision 18, which requires that when an infant is placed in a crib to sleep, supervision
occurs when a staff person is within sight or hearing of the infant. When supervision of a
crib room is provided by sight or hearing, the center must have a plan to address the other
supervision components;

(3) child drop-off and pick-up times;

(4) supervision during outdoor play and on community activities, including but not
limited to field trips and neighborhood walks;

(5) supervision of children in hallways; deleted text begin and
deleted text end

(6) supervision of school-age children when using the restroom and visiting the child's
personal storage space deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) supervision of preschool children when using an individual, private restroom within
the classroom.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 11.

Minnesota Statutes 2023 Supplement, section 245C.02, subdivision 6a, is amended
to read:

Subd. 6a.

Child care background study subject.

(a) "Child care background study
subject" means an individual who is affiliated with a licensed child care center, certified
license-exempt child care center, licensed family child care program, or legal nonlicensed
child care provider authorized under chapter 119B, and who is:

(1) employed by a child care provider for compensation;

(2) assisting in the care of a child for a child care provider;

(3) a person applying for licensure, certification, or enrollment;

(4) a controlling individual as defined in section 245A.02, subdivision 5a;

(5) an individual 13 years of age or older who lives in the household where the licensed
program will be provided and who is not receiving licensed services from the program;

(6) an individual ten to 12 years of age who lives in the household where the licensed
services will be provided when the commissioner has reasonable cause as defined in section
245C.02, subdivision 15;

(7) an individual who, without providing direct contact services at a licensed program,
certified program, or program authorized under chapter 119B, may have unsupervised access
to a child receiving services from a program when the commissioner has reasonable cause
as defined in section 245C.02, subdivision 15; deleted text begin or
deleted text end

(8) a volunteer, contractor providing services for hire in the program, prospective
employee, or other individual who has unsupervised physical access to a child served by a
program and who is not under supervision by an individual listed in clause (1) or (5),
regardless of whether the individual provides program services deleted text begin . deleted text end new text begin ; or
new text end

new text begin (9) an authorized agent in a license-exempt certified child care center as defined in
section 245H.01, subdivision 2a.
new text end

(b) Notwithstanding paragraph (a), an individual who is providing services that are not
part of the child care program is not required to have a background study if:

(1) the child receiving services is signed out of the child care program for the duration
that the services are provided;

(2) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
119B has obtained advanced written permission from the parent authorizing the child to
receive the services, which is maintained in the child's record;

(3) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
119B maintains documentation on site that identifies the individual service provider and
the services being provided; and

(4) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
119B ensures that the service provider does not have unsupervised access to a child not
receiving the provider's services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 12.

Minnesota Statutes 2023 Supplement, section 245C.033, subdivision 3, is amended
to read:

Subd. 3.

Procedure; maltreatment and state licensing agency data.

new text begin (a) For requests
paid directly by the guardian or conservator, new text end requests for maltreatment and state licensing
agency data checks must be submitted by the guardian or conservator to the commissioner
on the form or in the manner prescribed by the commissioner. Upon receipt of a signed
informed consent and payment under section 245C.10, the commissioner shall complete
the maltreatment and state licensing agency checks. Upon completion of the checks, the
commissioner shall provide the requested information to the courts on the form or in the
manner prescribed by the commissioner.

new text begin (b) For requests paid by the court based on the in forma pauperis status of the guardian
or conservator, requests for maltreatment and state licensing agency data checks must be
submitted by the court to the commissioner on the form or in the manner prescribed by the
commissioner. The form will serve as certification that the individual has been granted in
forma pauperis status. Upon receipt of a signed data request consent form from the court,
the commissioner shall initiate the maltreatment and state licensing agency checks. Upon
completion of the checks, the commissioner shall provide the requested information to the
courts on the form or in the manner prescribed by the commissioner.
new text end

Sec. 13.

Minnesota Statutes 2022, section 245C.08, subdivision 4, is amended to read:

Subd. 4.

Juvenile court records.

(a) For a background study conducted by the
Department of Human Services, the commissioner shall review records from the juvenile
courts for an individual studied under deleted text begin section 245C.03, subdivision 1, paragraph (a), deleted text end new text begin this
chapter new text end when the commissioner has reasonable cause.

deleted text begin (b) For a background study conducted by a county agency for family child care before
the implementation of NETStudy 2.0, the commissioner shall review records from the
juvenile courts for individuals listed in section 245C.03, subdivision 1, who are ages 13
through 23 living in the household where the licensed services will be provided. The
commissioner shall also review records from juvenile courts for any other individual listed
under section 245C.03, subdivision 1, when the commissioner has reasonable cause.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records relating to delinquency proceedings held on individuals deleted text begin described in
section 245C.03, subdivision 1, paragraph (a), deleted text end new text begin who are subjects of studies under this chapter new text end
when requested pursuant to this subdivision.

deleted text begin (d) deleted text end new text begin (c) new text end For purposes of this chapter, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state district court.

deleted text begin (e) deleted text end new text begin (d) new text end Juvenile courts shall provide orders of involuntary and voluntary termination of
parental rights under section 260C.301 to the commissioner upon request for purposes of
conducting a background study under this chapter.

Sec. 14.

Minnesota Statutes 2023 Supplement, section 245C.10, subdivision 15, is amended
to read:

Subd. 15.

Guardians and conservators.

new text begin (a) new text end The commissioner shall recover the cost
of conducting maltreatment and state licensing agency checks for guardians and conservators
under section 245C.033 through a fee of no more than $50. The fees collected under this
subdivision are appropriated to the commissioner for the purpose of conducting maltreatment
and state licensing agency checks.

new text begin (b) new text end The fee must be paid directly to and in the manner prescribed by the commissioner
before any maltreatment and state licensing agency checks under section 245C.033 may be
conducted.

new text begin (c) Notwithstanding paragraph (b), the court shall pay the fee for an applicant who has
been granted in forma pauperis status upon receipt of the invoice from the commissioner.
new text end

Sec. 15.

Minnesota Statutes 2022, section 245E.08, is amended to read:

245E.08 REPORTING OF SUSPECTED FRAUDULENT ACTIVITY.

(a) A person who, in good faith, makes a report of or testifies in any action or proceeding
in which financial misconduct is alleged, and who is not involved in, has not participated
in, or has not aided and abetted, conspired, or colluded in the financial misconduct, shall
have immunity from any liability, civil or criminal, that results by reason of the person's
report or testimony. For the purpose of any proceeding, the good faith of any person reporting
or testifying under this provision shall be presumed.

(b) If a person that is or has been involved in, participated in, aided and abetted, conspired,
or colluded in the financial misconduct reports the financial misconduct, the department
may consider that person's report and assistance in investigating the misconduct as a
mitigating factor in the department's pursuit of civil, criminal, or administrative remedies.

new text begin (c) After an investigation is complete, the reporter's name must be kept confidential.
The subject of the report may compel disclosure of the reporter's name only with the consent
of the reporter or upon a written finding by a district court that the report was false and there
is evidence that the report was made in bad faith. This subdivision does not alter disclosure
responsibilities or obligations under the Rules of Criminal Procedure, except that when the
identity of the reporter is relevant to a criminal prosecution the district court shall conduct
an in-camera review before determining whether to order disclosure of the reporter's identity.
new text end

Sec. 16.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Infant. new text end

new text begin "Infant" means a child who is at least six weeks old but less than 16
months old.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 17.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision
to read:

new text begin Subd. 6b. new text end

new text begin Preschooler. new text end

new text begin "Preschooler" means a child who is at least 33 months old but
who has not yet attended the first day of kindergarten.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 18.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision
to read:

new text begin Subd. 6c. new text end

new text begin School-age child. new text end

new text begin "School-age child" means a child who is of sufficient age
to have attended the first day of kindergarten or is eligible to enter kindergarten within four
months and who:
new text end

new text begin (1) is no more than 13 years old;
new text end

new text begin (2) is 14 years old and has a disability and is eligible for child care assistance under
chapter 119B;
new text end

new text begin (3) is eligible for child care assistance until redetermination under section 119B.09,
subdivision 1, paragraph (e); or
new text end

new text begin (4) attends a certified center that serves only school-age children in a setting that has
students enrolled in no grade higher than 8th grade.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 19.

Minnesota Statutes 2022, section 245H.01, is amended by adding a subdivision
to read:

new text begin Subd. 8a. new text end

new text begin Toddler. new text end

new text begin "Toddler" means a child who is at least 16 months old but less than
33 months old.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 20.

Minnesota Statutes 2023 Supplement, section 245H.06, subdivision 1, is amended
to read:

Subdivision 1.

Correction order new text begin and conditional certification new text end requirements.

(a) If
the applicant or certification holder deleted text begin failed deleted text end new text begin fails new text end to comply with a law or rule, the commissioner
may issue a correction order. The correction order must state:

(1) the condition that constitutes a violation of the law or rule;

(2) the specific law or rule violated; and

(3) the time allowed to correct each violation.

(b) deleted text begin The commissioner may issue a correction order to the applicant or certification holder
through the provider licensing and reporting hub. deleted text end new text begin If the applicant or certification holder
fails to comply with a law or rule, the commissioner may issue a conditional certification.
When issuing a conditional certification, the commissioner shall consider the nature,
chronicity, or severity of the violation of law or rule and the effect of the violation on the
health, safety, or rights of persons served by the program. The conditional order must state:
new text end

new text begin (1) the conditions that constitute a violation of the law or rule;
new text end

new text begin (2) the specific law or rule violated;
new text end

new text begin (3) the time allowed to correct each violation; and
new text end

new text begin (4) the length and terms of the conditional certification, and the reasons for making the
certification conditional.
new text end

new text begin (c) Nothing in this section prohibits the commissioner from decertifying a center under
section 245H.07 before issuing a correction order or conditional certification.
new text end

new text begin (d) The commissioner may issue a correction order or conditional certification to the
applicant or certification holder through the provider licensing and reporting hub.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 21.

Minnesota Statutes 2023 Supplement, section 245H.06, subdivision 2, is amended
to read:

Subd. 2.

Reconsideration request.

(a) If the applicant or certification holder believes
that the commissioner's correction order new text begin or conditional certification new text end is erroneous, the applicant
or certification holder may ask the commissioner to reconsider the part of the correction
order new text begin or conditional certification new text end that is allegedly erroneous. A request for reconsideration
must be made in writing and postmarked or submitted through the provider licensing and
reporting hub and sent to the commissioner within 20 calendar days after the applicant or
certification holder received the correction order new text begin or conditional certification new text end , and must:

(1) specify the part of the correction order new text begin or conditional certification new text end that is allegedly
erroneous;

(2) explain why the specified part is erroneous; and

(3) include documentation to support the allegation of error.

(b) A request for reconsideration new text begin of a correction order new text end does not stay any provision or
requirement of the correction order. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal.

new text begin (c) A timely request for reconsideration of a conditional certification shall stay imposition
of the terms of the conditional certification until the commissioner issues a decision on the
request for reconsideration.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Upon implementation of the provider licensing and reporting hub, the provider
must use the hub to request reconsideration. If the order is issued through the provider hub,
the request must be received by the commissioner within 20 calendar days from the date
the commissioner issued the order through the hub.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 22.

Minnesota Statutes 2022, section 245H.08, subdivision 1, is amended to read:

Subdivision 1.

Staffing requirements.

new text begin (a) new text end During hours of operation, a certified center
must have a director deleted text begin or designee deleted text end on site who is responsible for overseeing implementation
of written policies relating to the management and control of the daily activities of the
program, ensuring the health and safety of program participants, and supervising staff and
volunteers.

new text begin (b) When the director is absent, a certified center must designate a staff person who is
at least 18 years old to fulfill the director's responsibilities under this subdivision to ensure
continuity of program oversight. The designee does not have to meet the director
qualifications in subdivision 2 but must be aware of their designation and responsibilities
under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 23.

Minnesota Statutes 2023 Supplement, section 245H.08, subdivision 4, is amended
to read:

Subd. 4.

Maximum group size.

(a) For deleted text begin a child six weeks old through 16 months old deleted text end new text begin an
infant new text end , the maximum group size shall be no more than eight children.

(b) For a deleted text begin child 16 months old through 33 months old deleted text end new text begin toddler new text end , the maximum group size
shall be no more than 14 children.

(c) For a deleted text begin child 33 months old through prekindergarten deleted text end new text begin preschooler new text end , deleted text begin a deleted text end new text begin the new text end maximum
group size shall be no more than 20 children.

(d) For a deleted text begin child in kindergarten through 13 years old deleted text end new text begin school-age child new text end , deleted text begin a deleted text end new text begin the new text end maximum
group size shall be no more than 30 children.

(e) The maximum group size applies at all times except during group activity coordination
time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and
special activity including a film, guest speaker, indoor large muscle activity, or holiday
program.

deleted text begin (f) Notwithstanding paragraph (d), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
deleted text end

deleted text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
deleted text end

deleted text begin (2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 24.

Minnesota Statutes 2023 Supplement, section 245H.08, subdivision 5, is amended
to read:

Subd. 5.

Ratios.

(a) The minimally acceptable staff-to-child ratios are:

deleted text begin six weeks old through 16 months old deleted text end new text begin infants new text end	1:4
deleted text begin 16 months old through 33 months old deleted text end new text begin toddlers new text end	1:7
deleted text begin 33 months old through prekindergarten deleted text end new text begin preschoolers new text end	1:10
deleted text begin kindergarten through 13 years old deleted text end new text begin school-age children new text end	1:15

deleted text begin (b) Kindergarten includes a child of sufficient age to have attended the first day of
kindergarten or who is eligible to enter kindergarten within the next four months.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end For deleted text begin mixed deleted text end new text begin mixed-age new text end groups, the ratio for the age group of the youngest child
applies.

deleted text begin (d) Notwithstanding paragraph (a), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
deleted text end

deleted text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
deleted text end

deleted text begin (2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 25.

Minnesota Statutes 2022, section 245H.14, subdivision 1, is amended to read:

Subdivision 1.

First aid and cardiopulmonary resuscitation.

(a) Before having
unsupervised direct contact with a child, but within deleted text begin the first deleted text end 90 days deleted text begin of employment for deleted text end new text begin
after the first date of direct contact with a child, new text end the director deleted text begin and deleted text end new text begin , new text end all staff persons, deleted text begin and within
90 days after the first date of direct contact with a child for deleted text end substitutes new text begin , new text end and unsupervised
volunteers deleted text begin , each person deleted text end must successfully complete pediatric first aid and pediatric
cardiopulmonary resuscitation (CPR) training, unless the training has been completed within
the previous two calendar years. Staff must complete the pediatric first aid and pediatric
CPR training at least every other calendar year and the center must document the training
in the staff person's personnel record.

(b) Training completed under this subdivision may be used to meet the in-service training
requirements under subdivision 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 26.

Minnesota Statutes 2022, section 245H.14, subdivision 4, is amended to read:

Subd. 4.

Child development.

deleted text begin The certified center must ensure that the director and all
staff persons complete child development and learning training within 90 days of employment
and every second calendar year thereafter. Substitutes and unsupervised volunteers must
complete child development and learning training within 90 days after the first date of direct
contact with a child and every second calendar year thereafter. deleted text end new text begin Before having unsupervised
direct contact with a child, but within 90 days after the first date of direct contact with a
child, the director, all staff persons, substitutes, and unsupervised volunteers must complete
child development and learning training. Child development and learning training must be
repeated every second calendar year thereafter. new text end The director and staff persons not including
substitutes must complete at least two hours of training on child development. The training
for substitutes and unsupervised volunteers is not required to be of a minimum length. For
purposes of this subdivision, "child development and learning training" means how a child
develops physically, cognitively, emotionally, and socially and learns as part of the child's
family, culture, and community.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 27.

new text begin [245H.19] CHILDREN'S RECORDS.
new text end

new text begin (a) A certification holder must maintain a record for each child enrolled in the certification
holder's program. The record must contain:
new text end

new text begin (1) the child's full name, birth date, and home address;
new text end

new text begin (2) the name and telephone number of the child's parents or legal guardians;
new text end

new text begin (3) the name and telephone number of at least one emergency contact person other than
the child's parents who can be reached in an emergency or when there is an injury requiring
medical attention and who is authorized to pick up the child; and
new text end

new text begin (4) the names and telephone numbers of any additional persons authorized by the parents
or legal guardians to pick up the child from the center.
new text end

new text begin (b) The certification holder must maintain in the child's record and ensure that during
all hours of operation staff can access the following information:
new text end

new text begin (1) immunization information as required under section 245H.13, subdivision 2;
new text end

new text begin (2) medication administration documentation as required under section 245H.13,
subdivision 3; and
new text end

new text begin (3) documentation of any known allergy as required under section 245H.13, subdivision
4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 28.

Minnesota Statutes 2022, section 260E.30, subdivision 3, is amended to read:

Subd. 3.

Nonmaltreatment mistake.

(a) If paragraph (b) applies, rather than making a
determination of substantiated maltreatment by the individual, the commissioner of human
services shall determine that a nonmaltreatment mistake was made by the individual.

(b) A nonmaltreatment mistake occurs when:

deleted text begin (1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

deleted text begin (3) deleted text end new text begin (2) new text end the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

deleted text begin (4) deleted text end new text begin (3) new text end any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; deleted text begin and
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing new text begin and certification new text end requirements
relevant to the incident deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) at the time of the incident, the individual was performing duties identified in the
licensed center's child care program plan required under Minnesota Rules, part 9503.0045.
This clause applies only to child care centers licensed under Minnesota Rules, chapter 9503.
new text end

(c) This subdivision only applies to child care centers new text begin certified under chapter 245H and
new text end licensed under Minnesota Rules, chapter 9503.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2024.
new text end

Sec. 29. new text begin DIRECTION TO COMMISSIONER; FAMILY CHILD FOSTER CARE
CONTINUOUS LICENSES.
new text end

new text begin The commissioner of human services shall develop a continuous license process for
family child foster care licenses. The continuous license process shall be incorporated into
the development of the electronic licensing inspection checklist information and provider
licensing and reporting hub for family child foster care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 30. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 9545.0805, subpart 1, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

APPENDIX

Repealed Minnesota Rule: H4537-2

9545.0805 PERSONNEL.

Subpart 1.

Supervision by a licensed independent social worker or independent clinical social worker.

An independent social worker or independent clinical social worker as defined in Minnesota Statutes, section 148B.21, must supervise an agency's case work. Supervising an agency's case work includes reviewing and approving each written home study the agency completes on prospective foster parents or applicants to adopt. An agency can meet the supervision requirement by complying with item A, B, C, or D.

A.

The agency's chief executive officer is a licensed independent social worker or independent clinical social worker and supervises staff members providing case work.

B.

The person who does the case work is licensed as an independent social worker or independent clinical social worker.

C.

The agency contracts with a licensed independent social worker or independent clinical social worker to supervise staff members' case work.

D.

The agency may retain a supervisor with education or experience comparable to the requirements stated in item A, B, or C if one of the exceptions in Minnesota Statutes, section 148B.28, applies.