SF 1461

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying child care assistance absent days;
amending Minnesota Statutes 2006, section 119B.13, subdivision 7.

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

Section 1.

Minnesota Statutes 2006, section 119B.13, subdivision 7, is amended to read:

Subd. 7.

Absent days.

(a) Child care providers may not be reimbursed for more
than 25 full-day absent days per child, excluding holidays, in a fiscal year, or for more than
ten consecutive full-day absent days, unless the child has a documented medical condition
that causes more frequent absences. new text begin Absences due to a documented medical condition
of a parent or sibling does not count against the 25-day absent day limit in a fiscal year.
new text end Documentation of medical conditions must be on the forms and submitted according to
the timelines established by the commissioner. new text begin If a provider sends a child home early due
to a medical reason including, but not limited to, fever or contagious illness, the child care
center director, lead teacher, public health official, or school nurse may verify the illness in
lieu of a medical practitioner. new text end If a child attends for part of the time authorized to be in
care in a day, but is absent for part of the time authorized to be in care in that same day,
the absent time will be reimbursed but the time will not count toward the ten consecutive
or 25 cumulative absent day limits. new text begin Children of teen parents in supportive school-based
programs and students during school release times are exempt from the absent day limits
under this paragraph. new text end If a child attends part of an authorized day, payment to the provider
must be for the full amount of care authorized for that day. Child care providers may only
be reimbursed for absent days if the provider has a written policy for child absences and
charges all other families in care for similar absences.

(b) Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for these days
and the holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute other cultural or religious holidays for the ten
recognized state and federal holidays. Holidays do not count toward the ten consecutive or
25 cumulative absent day limits.

(c) A family or child care provider may not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care authorized for the
family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
the family or provider did not timely report a change as required under law.

(d) The provider and family must receive notification of the number of absent days
used upon initial provider authorization for a family and when the family has used 15
cumulative absent days. Upon statewide implementation of the Minnesota Electronic
Child Care System, the provider and family authorization for a family and ongoing
notification of the number of absent days used as of the date of the notification.

new text begin (e) A county may pay for more absent days than the statewide absent day policy
under this subdivision if current market practice in the county justifies payment for those
additional days. County policies for payment of absent days in excess of the statewide
absent day policy and justification for these county policies must be included in the
county's child care fund plan under section 119B.08, subdivision 3.
new text end