SF 1884

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:24am

A bill for an act
relating to human services; modifying licensing requirements related to child
care centers; amending Minnesota Statutes 2008, sections 245A.06, subdivision
8; 245A.07, subdivision 5; 245C.301.

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

Section 1.

Minnesota Statutes 2008, section 245A.06, subdivision 8, is amended to
read:

Subd. 8.

Requirement to post correction order.

new text begin (a) new text end For licensed family child
care providers and child care centers, upon receipt of any correction order or order of
conditional license issued by the commissioner under this section, and notwithstanding
a pending request for reconsideration of the correction order or order of conditional
license by the license holder, the license holder shall post the correction order or order of
conditional license in a place that is conspicuous to the people receiving services and all
visitors to the facility for two years.

new text begin (b) Except as set forth under section 245C.301, paragraph (d), new text end when the correction
order or order of conditional license is accompanied by a maltreatment investigation
memorandum prepared under section 626.556 or 626.557, the investigation memoranda
must be posted with the correction order or order of conditional license.

Sec. 2.

Minnesota Statutes 2008, section 245A.07, subdivision 5, is amended to read:

Subd. 5.

Requirement to post licensing order or fine.

new text begin (a) new text end For licensed family child
care providers and child care centers, upon receipt of any order of license suspension,
temporary immediate suspension, fine, or revocation issued by the commissioner under
this section, and notwithstanding a pending appeal of the order of license suspension,
temporary immediate suspension, fine, or revocation by the license holder, the license
holder shall post the order of license suspension, temporary immediate suspension, fine, or
revocation in a place that is conspicuous to the people receiving services and all visitors to
the facility for two years.

new text begin (b) Except as set forth under section 245C.301, paragraph (d), new text end when the order of
license suspension, temporary immediate suspension, fine, or revocation is accompanied
by a maltreatment investigation memorandum prepared under section 626.556 or 626.557,
the investigation memoranda must be posted with the order of license suspension,
temporary immediate suspension, fine, or revocation.

Sec. 3.

Minnesota Statutes 2008, section 245C.301, is amended to read:

245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.

(a) Except as provided under paragraphs (b) and (c), deleted text begin if required by the commissioner, deleted text end
family child care providers deleted text begin and child care centers deleted text end must provide a written notification to
parents considering enrollment of a child or parents of a child attending the family child
care deleted text begin or child care center deleted text end if the program employs or has living in the home any individual
who is the subject of either a set-aside or variance.

(b) Notwithstanding paragraph (a), family child care license holders are not required
to disclose that the program has an individual living in the home who is the subject of a
set-aside or variance if:

(1) the household member resides in the residence where the family child care is
provided;

(2) the subject of the set-aside or variance is under the age of 18 years; and

(3) the set-aside or variance relates to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

(c) The notice specified in paragraph (a) is not required when the period of
disqualification in section 245C.15, subdivisions 2 to 4, has been exceeded.

new text begin (d) Upon receipt of a notice from the commissioner that a disqualification has been
set aside or a variance has been granted related to a current employee, child care centers
must provide a written notification to parents of children attending the child care center
with whom that employee may have contact. An investigation memorandum posted
under section 245A.06, subdivision 8, or section 245A.07, subdivision 5, that reports the
disqualification of the individual who is the subject of the notice under this paragraph is
no longer required to be posted after the license holder provides the notice required under
this paragraph.
new text end