SF 313

as introduced - 89th Legislature (2015 - 2016) Posted on 01/27/2015 09:36am

A bill for an act
relating to human services; modifying child care provider requirements for
providers receiving child care assistance payments; amending Minnesota Statutes
2014, sections 119B.09, subdivision 5; 119B.125, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 119B.09, subdivision 5, is amended to read:

Subd. 5.

Provider choice.

Parents may choose child care providers as defined under
section 119B.011, subdivision 19, that best meet the needs of their family. new text begin Beginning July
1, 2018, parents or guardians must choose a provider participating in the quality rating
and improvement system under section 124D.142 for their children not yet attending
kindergarten, unless a waiver is granted under section 119B.125, subdivision 1, paragraph
(d), by the commissioner of human services. new text end Counties shall make resources available to
parents in choosing quality child care services. Counties may require a parent to sign a
release stating their knowledge and responsibilities in choosing a legal provider described
under section 119B.011, subdivision 19. When a county knows that a particular provider
is unsafe, or that the circumstances of the child care arrangement chosen by the parent are
unsafe, the county may deny a child care subsidy. A county may not restrict access to a
general category of provider allowed under section 119B.011, subdivision 19.

Sec. 2.

Minnesota Statutes 2014, section 119B.125, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

new text begin (a) new text end Except as provided in subdivision 5, a county
must authorize the provider chosen by an applicant or a participant before the county can
authorize payment for care provided by that provider. The commissioner must establish
the requirements necessary for authorization of providers.

new text begin (b) In order to be authorized to care for a child not yet attending kindergarten, a
provider must:
new text end

new text begin (1) beginning July 1, 2018, participate in the quality rating and improvement system
under section 124D.142; and
new text end

new text begin (2) beginning July 1, 2020, have at least a one-star rating in the quality rating and
improvement system.
new text end

new text begin (c) In order to comply with federal regulations, the requirements in paragraph (b) do
not apply to unlicensed or license-exempt providers, including legal nonlicensed providers
or providers licensed by a state other than Minnesota.
new text end

new text begin (d) The commissioner may waive the requirements in paragraph (b), if:
new text end

new text begin (1) the parents' authorized activities occur during times when care is not available or
not practicable from providers participating in the quality rating and improvement system,
for all or a part of the authorized activities;
new text end

new text begin (2) a family lives in an area where care from providers participating in the quality
rating and improvement system is not available;
new text end

new text begin (3) a family has a school-aged sibling whose provider is not participating in the
quality rating and improvement system, and the family wishes to keep the children with
that same provider;
new text end

new text begin (4) no providers participating in the quality rating and improvement system are
willing or able to care for one or all of the children in the family;
new text end

new text begin (5) a family has a child with a disability as defined in section 125A.02; or
new text end

new text begin (6) a family is using a provider not participating in the quality rating and improvement
system prior to July 1, 2018, or July 1, 2020, and wishes to continue using that provider.
new text end

new text begin (e) new text end A provider must be reauthorized every two years. A legal, nonlicensed family
child care provider also must be reauthorized when another person over the age of 13 joins
the household, a current household member turns 13, or there is reason to believe that a
household member has a factor that prevents authorization. The provider is required to
report all family changes that would require reauthorization. When a provider has been
authorized for payment for providing care for families in more than one county, the county
responsible for reauthorization of that provider is the county of the family with a current
authorization for that provider and who has used the provider for the longest length of time.

Sec. 3. new text begin WAIVER PROCESS RELATED TO CHILD CARE PROVIDER CHOICE.
new text end

new text begin (a) The commissioner of human services shall develop a simple waiver process
related to Minnesota Statutes, section 119B.125, subdivision 1, paragraph (d).
new text end

new text begin (b) Eligibility for child care assistance is determined under Minnesota Statutes,
section 119B.09, subdivision 7, and payments are authorized retroactively from that date,
regardless of when a waiver is approved.
new text end

new text begin (c) The commissioner must monitor the waiver process and report on the usage
of waivers to the legislative committees having jurisdiction over child care and Parent
Aware policy and finance.
new text end