SF 2

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/19/2019 02:40pm

A bill for an act
relating to human services; modifying human services licensing provisions;
directing the commissioner of human services to develop a plain-language handbook
for family child care providers; requiring county licensors to seek clarification
from Department of Human Services before issuing correction orders in certain
circumstances; expanding child care fix-it ticket violations; authorizing additional
special family child care home licenses; modifying requirements for drinking water
in child care centers; modifying family child care program training requirements;
directing the commissioner of human services to develop an annual refresher
training for family child care providers; clarifying and extending child care training
timelines; exempting certain individuals from child care training requirements;
modifying family child care emergency preparedness plan requirements; creating
the Office of Ombudsperson for Child Care Providers; providing appointments;
increasing time a child care substitute can provide care; establishing Family Child
Care Working Group; directing commissioner of human services to streamline
child care licensing and background study record requirements; directing the
commissioner of human services to codify certain rules and propose legislation
re-codifying chapter 245A; requiring reports; appropriating money; amending
Minnesota Statutes 2018, sections 245A.04, subdivision 4, by adding a subdivision;
245A.06, by adding a subdivision; 245A.065; 245A.14, subdivision 4, by adding
a subdivision; 245A.50, subdivisions 1, 2, 3, 4, 5, 6, 7, 9, by adding subdivisions;
245A.51, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 245A.

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

Section 1.

Minnesota Statutes 2018, section 245A.04, subdivision 4, is amended to read:

Subd. 4.

Inspections; waiver.

(a) Before issuing an initial license, the commissioner
shall conduct an inspection of the program. The inspection must include but is not limited
to:

(1) an inspection of the physical plant;

(2) an inspection of records and documents;

(3) an evaluation of the program by consumers of the program;

(4) observation of the program in operation; and

(5) an inspection for the health, safety, and fire standards in licensing requirements for
a child care license holder.

For the purposes of this subdivision, "consumer" means a person who receives the
services of a licensed program, the person's legal guardian, or the parent or individual having
legal custody of a child who receives the services of a licensed program.

(b) The evaluation required in paragraph (a), clause (3), or the observation in paragraph
(a), clause (4), is not required prior to issuing an initial license under subdivision 7. If the
commissioner issues an initial license under subdivision 7, these requirements must be
completed within one year after the issuance of an initial license.

(c) Before completing a licensing inspection in a family child care program or child care
center, the licensing agency must offer the license holder an exit interview to discuss new text begin all new text end
violations of law or rule observed during the inspection and offer technical assistance on
how to comply with applicable laws and rules. new text begin The commissioner shall not issue a correction
order or negative action for violations of law or rule not discussed in an exit interview. new text end
Nothing in this paragraph limits the ability of the commissioner to issue a correction order
or negative action for violations of law or rule deleted text begin not discussed in an exit interview or deleted text end in the
event that a license holder chooses not to participate in an exit interview.

(d) The commissioner or the county shall inspect at least annually a child care provider
licensed under this chapter and Minnesota Rules, chapter 9502 or 9503, for compliance
with applicable licensing standards. new text begin It shall not constitute a violation of rule or statute for
the spouse of a licensed family child care provider to be present in the residence during
business hours, unless the spouse provides sufficient hours or days of child care services
for statutory training requirements to apply, or the spouse is designated to be a caregiver,
helper, or substitute in the family child care program.
new text end

(e) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports of all child care providers
licensed under this chapter and under Minnesota Rules, chapter 9502 or 9503, and the
number of deaths, serious injuries, and instances of substantiated child maltreatment that
occurred in licensed child care settings each year.

Sec. 2.

Minnesota Statutes 2018, section 245A.04, is amended by adding a subdivision to
read:

new text begin Subd. 18. new text end

new text begin Plain-language handbook. new text end

new text begin By January 1, 2020, the commissioner of human
services shall, following consultation with family child care license holders, parents, and
county agencies, develop a plain-language handbook that describes the process and
requirements to become a licensed family child care provider. The handbook shall include
a list of the applicable statutory provisions and rules that apply to licensed family child care
providers. The commissioner shall electronically publish the handbook on the Department
of Human Services website, available at no charge to the public. Each county human services
office and the Department of Human Services shall maintain physical copies of the handbook
for public use.
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. 3.

Minnesota Statutes 2018, section 245A.06, is amended by adding a subdivision to
read:

new text begin Subd. 10. new text end

new text begin Licensing interpretation disputes. new text end

new text begin When a county licensor and child care
provider dispute the interpretation of a licensing requirement, a county licensor must seek
clarification from the Department of Human Services in writing before issuing a correction
order related to the disputed interpretation. The license holder must be included in all
correspondence between the county and the Department of Human Services regarding the
dispute. The provider must be given the opportunity to contribute pertinent information that
may impact the decision by the Department of Human Services.
new text end

Sec. 4.

Minnesota Statutes 2018, section 245A.065, is amended to read:

245A.065 CHILD CARE FIX-IT TICKET.

(a) In lieu of a correction order under section 245A.06, the commissioner shall issue a
fix-it ticket to a family child care or child care center license holder if the commissioner
finds that:

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota
Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it
ticket;

(2) the violation new text begin : (i) new text end does not imminently endanger the health, safety, or rights of the
persons served by the program new text begin ; or (ii) can be corrected immediately new text end ;

(3) the license holder did not receive a fix-it ticket or correction order for the violation
at the license holder's last licensing inspection;

(4) the violation can be corrected at the time of inspection or within 48 hours, excluding
Saturdays, Sundays, and holidays; and

(5) the license holder corrects the violation at the time of inspection or agrees to correct
the violation within 48 hours, excluding Saturdays, Sundays, and holidays.

(b) The fix-it ticket must state:

(1) the conditions that constitute a violation of the law or rule;

(2) the specific law or rule violated; and

(3) that the violation was corrected at the time of inspection or must be corrected within
48 hours, excluding Saturdays, Sundays, and holidays.

(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.

(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it
ticket, the license holder must correct the violation and within one week submit evidence
to the licensing agency that the violation was corrected.

(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding
Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that
the license holder corrected the violation, the commissioner must issue a correction order
for the violation of Minnesota law or rule identified in the fix-it ticket according to section
245A.06.

(f) The commissioner shall, following consultation with family child care license holders,
child care center license holders, and county agencies, issue a report by October 1, 2017,
that identifies the violations of this chapter and Minnesota Rules, chapters 9502 and 9503,
that are eligible for a fix-it ticket. The commissioner shall provide the report to county
agencies and the chairs and ranking minority members of the legislative committees with
jurisdiction over child care, and shall post the report to the department's website.

Sec. 5.

Minnesota Statutes 2018, section 245A.14, subdivision 4, is amended to read:

Subd. 4.

Special family day care homes.

Nonresidential child care programs serving
14 or fewer children that are conducted at a location other than the license holder's own
residence shall be licensed under this section and the rules governing family day care or
group family day care if:

(a) The license holder is the primary provider of care and the nonresidential child care
program is conducted in a dwelling that is located on a residential lot;

(b) The license holder is an employer who may or may not be the primary provider of
care, and the purpose for the child care program is to provide child care services to children
of the license holder's employees;

(c) The license holder is a church or religious organization;

(d) The license holder is a community collaborative child care provider. For purposes
of this subdivision, a community collaborative child care provider is a provider participating
in a cooperative agreement with a community action agency as defined in section 256E.31;

(e) The license holder is a not-for-profit agency that provides child care in a dwelling
located on a residential lot and the license holder maintains two or more contracts with
community employers or other community organizations to provide child care services.
The county licensing agency may grant a capacity variance to a license holder licensed
under this paragraph to exceed the licensed capacity of 14 children by no more than five
children during transition periods related to the work schedules of parents, if the license
holder meets the following requirements:

(1) the program does not exceed a capacity of 14 children more than a cumulative total
of four hours per day;

(2) the program meets a one to seven staff-to-child ratio during the variance period;

(3) all employees receive at least an extra four hours of training per year than required
in the rules governing family child care each year;

(4) the facility has square footage required per child under Minnesota Rules, part
9502.0425;

(5) the program is in compliance with local zoning regulations;

(6) the program is in compliance with the applicable fire code as follows:

(i) if the program serves more than five children older than 2-1/2 years of age, but no
more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2003,
Section 202; or

(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable
fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire Code 2003,
Section 202; and

(7) any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license; deleted text begin or
deleted text end

(f) The license holder is the primary provider of care and has located the licensed child
care program in a commercial space, if the license holder meets the following requirements:

(1) the program is in compliance with local zoning regulations;

(2) the program is in compliance with the applicable fire code as follows:

(i) if the program serves more than five children older than 2-1/2 years of age, but no
more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code 2003,
Section 202; or

(ii) if the program serves more than five children 2-1/2 years of age or less, the applicable
fire code is Group I-4 Occupancies, as provided under the Minnesota State Fire Code 2003,
Section 202;

(3) any age and capacity limitations required by the fire code inspection and square
footage determinations are printed on the license; and

(4) the license holder prominently displays the license issued by the commissioner which
contains the statement "This special family child care provider is not licensed as a child
care center deleted text begin . deleted text end " new text begin ; or
new text end

new text begin (g) The license holder is the primary provider of care and has located the licensed child
care program in a portion of a building that is used exclusively for the purpose of providing
child care services, if the license holder meets the requirements in paragraph (f), clauses
(1) to (4), and if any available shared kitchen, bathroom, or other space that the provider
uses is separate from the indoor activity area used by the children.
new text end

Sec. 6.

Minnesota Statutes 2018, section 245A.14, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Water bottles in child care centers. new text end

new text begin Notwithstanding Minnesota Rules, part
9503.0145, subpart 8, a child care center may provide drinking water for children in
individual covered water bottles, labeled with the child's name. Water bottles provided by
the child care center must be washed, rinsed, and sanitized daily after use and stored clean
and dry in a manner that protects them from contamination.
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. 7.

Minnesota Statutes 2018, section 245A.50, subdivision 1, is amended to read:

Subdivision 1.

Initial training.

(a) License holders, caregivers, and substitutes must
comply with the training requirements in this section.

(b) Helpers who assist with care on a regular basis must complete six hours of training
within one year after the date of initial employment.

(c) Training requirements established under this section that must be completed prior
to initial licensure must be satisfied only by a newly licensed child care provider or by a
child care provider who has not held an active child care license in Minnesota in the previous
12 months. A child care provider deleted text begin who relocates within the state or deleted text end who voluntarily cancels
a license or allows the license to lapse for a period of less than 12 months and who seeks
reinstatement of the lapsed or canceled license within 12 months of the lapse or cancellation
must satisfy the annual, ongoing training requirements, and is not required to satisfy the
training requirements that must be completed prior to initial licensure. new text begin A child care provider
who relocates within the state must (1) satisfy the annual, ongoing training requirements
according to the schedules established in this section and (2) not be required to satisfy the
training requirements under this section that the child care provider completed prior to initial
licensure. If a licensed provider moves to a new county, the new county is prohibited from
requiring the provider to complete any orientation class or training for new providers.
new text end

Sec. 8.

Minnesota Statutes 2018, 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 days 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. deleted text begin At least two hours of child development and learning or behavior
guidance training must be repeated annually. deleted text end new text begin The new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 9.

Minnesota Statutes 2018, section 245A.50, subdivision 3, is amended to read:

Subd. 3.

First aid.

(a) When children are present in a family child care home governed
by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person must be present
in the home who has been trained in first aid. The first aid training must have been provided
by an individual approved to provide first aid instruction. First aid training may be less than
eight hours and persons qualified to provide first aid training include individuals approved
as first aid instructors. First aid training must be repeated deleted text begin every two years deleted text end new text begin before the license
holder's license expires in the second year after the prior first aid training new text end .

(b) A family child care provider is exempt from the first aid training requirements under
this subdivision related to any substitute caregiver who provides less than 30 hours of care
during any 12-month period.

(c) Video training reviewed and approved by the county licensing agency satisfies the
training requirement of this subdivision.

Sec. 10.

Minnesota Statutes 2018, section 245A.50, subdivision 4, is amended to read:

Subd. 4.

Cardiopulmonary resuscitation.

(a) When children are present in a family
child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one
caregiver must be present in the home who has been trained in cardiopulmonary resuscitation
(CPR), including CPR techniques for infants and children, and in the treatment of obstructed
airways. The CPR training must have been provided by an individual approved to provide
CPR instruction, must be repeated at least once deleted text begin every two years deleted text end new text begin before the license holder's
license expires in the second year after the prior CPR training new text end , and must be documented in
the caregiver's records.

(b) A family child care provider is exempt from the CPR training requirement in this
subdivision related to any substitute caregiver who provides less than 30 hours of care during
any 12-month period.

(c) Persons providing CPR training must use CPR training that has been developed:

(1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or

(2) using nationally recognized, evidence-based guidelines for CPR training and
incorporates psychomotor skills to support the instruction.

Sec. 11.

Minnesota Statutes 2018, section 245A.50, subdivision 5, is amended to read:

Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

(a)
License holders must document that before staff persons, caregivers, and helpers assist in
the care of infants, they are instructed on the standards in section 245A.1435 and receive
training on reducing the risk of sudden unexpected infant death. In addition, license holders
must document that before staff persons, caregivers, and helpers assist in the care of infants
and children under school age, they receive training on reducing the risk of abusive head
trauma from shaking infants and young children. The training in this subdivision may be
provided as initial training under subdivision 1 or ongoing annual training under subdivision
7.

(b) Sudden unexpected infant death reduction training required under this subdivision
must, at a minimum, address the risk factors related to sudden unexpected infant death,
means of reducing the risk of sudden unexpected infant death in child care, and license
holder communication with parents regarding reducing the risk of sudden unexpected infant
death.

(c) Abusive head trauma training required under this subdivision must, at a minimum,
address the risk factors related to shaking infants and young children, means of reducing
the risk of abusive head trauma in child care, and license holder communication with parents
regarding reducing the risk of abusive head trauma.

(d) Training for family and group family child care providers must be developed by the
commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved
by the Minnesota Center for Professional Development. Sudden unexpected infant death
reduction training and abusive head trauma training may be provided in a single course of
no more than two hours in length.

(e) Sudden unexpected infant death reduction training and abusive head trauma training
required under this subdivision must be completed in person or as allowed under subdivision
10, clause (1) or (2), at least once deleted text begin every two years deleted text end new text begin before the license holder's license expires
in the second year after the prior sudden unexpected infant death reduction training and
abusive head trauma training new text end . On the years when the license holder is not receiving training
in person or as allowed under subdivision 10, clause (1) or (2), the license holder must
receive sudden unexpected infant death reduction training and abusive head trauma training
through a video of no more than one hour in length. The video must be developed or approved
by the commissioner.

(f) An individual who is related to the license holder as defined in section 245A.02,
subdivision 13, and who is involved only in the care of the license holder's own infant or
child under school age and who is not designated to be a caregiver, helper, or substitute, as
defined in Minnesota Rules, part 9502.0315, for the licensed program, is exempt from the
sudden unexpected infant death and abusive head trauma training.

Sec. 12.

Minnesota Statutes 2018, section 245A.50, subdivision 6, is amended to read:

Subd. 6.

Child passenger restraint systems; training requirement.

(a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.

(b) Family and group family child care programs licensed by the Department of Human
Services that serve a child or children under deleted text begin nine deleted text end new text begin eight new text end years of age must document training
that fulfills the requirements in this subdivision.

(1) Before a license holder, staff person, caregiver, or helper transports a child or children
under age deleted text begin nine deleted text end new text begin eight new text end in a motor vehicle, the person placing the child or children in a passenger
restraint must satisfactorily complete training on the proper use and installation of child
restraint systems in motor vehicles. Training completed under this subdivision may be used
to meet initial training under subdivision 1 or ongoing training under subdivision 7.

(2) Training required under this subdivision must be at least one hour in length, completed
at initial training, and repeated at least once deleted text begin every five years deleted text end new text begin before the license holder's
license expires in the fifth year after the prior child passenger restraint system training new text end . At
a minimum, the training must address the proper use of child restraint systems based on the
child's size, weight, and age, and the proper installation of a car seat or booster seat in the
motor vehicle used by the license holder to transport the child or children.

(3) Training under this subdivision must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public Safety
website or by contacting the agency.

(c) Child care providers that only transport school-age children as defined in section
245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.

Sec. 13.

Minnesota Statutes 2018, 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 deleted text begin 16 deleted text end new text begin ten new text end 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 days in any 12-month period. Repeat of topical training requirements in
subdivisions 2 to 8 new text begin , and the annual refresher training course in subdivision 12, new text end shall count
toward the annual deleted text begin 16-hour deleted text end new text begin ten-hour new text end training requirement. Additional ongoing training
subjects to meet the annual deleted text begin 16-hour deleted text end new text begin ten-hour new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 14.

Minnesota Statutes 2018, 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 days 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 deleted text begin : deleted text end new text begin the completion of the two-hour courses Health and Safety I and
Health and Safety II at least once before the license holder's license expires in the fifth year
after the prior supervising for safety training.
new text end

deleted text begin (1) the annual completion of a two-hour active supervision course developed by the
commissioner; and
deleted text end

deleted text begin (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).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 15.

Minnesota Statutes 2018, section 245A.50, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Annual refresher training course. new text end

new text begin Beginning January 1, 2020, license holders,
staff persons, caregivers, substitutes, and helpers must complete an annual refresher training
course, as developed by the commissioner of human services. The annual refresher training
course must incorporate training on: (1) active supervision; (2) child development and
learning, and behavior guidance; and (3) any training required by the child care development
block grant. The annual refresher training course shall not exceed two hours. Providers may
complete the annual refresher training course online through self-study. Providers must
document completion of the annual refresher training course.
new text end

Sec. 16.

Minnesota Statutes 2018, section 245A.50, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Related individual training exemption. new text end

new text begin An individual who is related to a
child in a child care program may care for or have contact with that child at the child care
site without completing the training requirements under this chapter, unless the individual
is designated to be a caregiver, helper, or substitute in the child care program.
new text end

Sec. 17.

Minnesota Statutes 2018, section 245A.50, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Emergency substitute caregiver training exemption. new text end

new text begin During an emergency,
substitute caregivers are exempt from training requirements under this section.
new text end

Sec. 18.

Minnesota Statutes 2018, section 245A.51, subdivision 3, is amended to read:

Subd. 3.

Emergency preparedness plan.

(a) No later than September 30, 2017, a
licensed family child care provider must have a written emergency preparedness plan for
emergencies that require evacuation, sheltering, or other protection of children, such as fire,
natural disaster, intruder, or other threatening situation that may pose a health or safety
hazard to children. The plan must be written on a form developed by the commissioner and
updated at least annually. The plan must include:

(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;

(2) a designated relocation site and evacuation route;

(3) procedures for notifying a child's parent or legal guardian of the evacuation,
shelter-in-place, or lockdown, including procedures for reunification with families;

(4) accommodations for a child with a disability or a chronic medical condition;

(5) procedures for storing a child's medically necessary medicine that facilitate easy
removal during an evacuation or relocation;

(6) procedures for continuing operations in the period during and after a crisis; and

(7) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities.

(b) The license holder must train caregivers before the caregiver provides care and at
least annually on the emergency preparedness plan and document completion of this training.

(c) The license holder must conduct drills according to the requirements in Minnesota
Rules, part 9502.0435, subpart 8. The date and time of the drills must be documented.

(d) The license holder must have the emergency preparedness plan available for review
and posted in a prominent location. deleted text begin The license holder must provide a physical or electronic
copy of the plan to the child's parent or legal guardian upon enrollment.
deleted text end

Sec. 19.

new text begin [245A.60] OMBUDSPERSON FOR CHILD CARE PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin The governor shall appoint an ombudsperson in the
classified service to assist child care providers, including family child care providers and
legal nonlicensed child care providers, with licensing, compliance, and other issues facing
child care providers. The ombudsperson must be selected without regard to the person's
political affiliation. The ombudsperson shall serve a term of two years and may be removed
prior to the end of the term for just cause.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The ombudsperson's duties shall include:
new text end

new text begin (1) addressing all areas of concern to child care providers related to the provision of
child care services, including licensing, correction orders, penalty assessments, complaint
investigations, and other interactions with agency staff;
new text end

new text begin (2) assisting providers with interactions with county licensors and with appealing
correction orders;
new text end

new text begin (3) providing recommendations for child care improvement or child care provider
education;
new text end

new text begin (4) operating a telephone line to answer questions and provide guidance to child care
providers; and
new text end

new text begin (5) assisting child care license applicants.
new text end

new text begin (b) The ombudsperson must report annually by December 31 to the commissioner and
the chairs and ranking minority members of the legislative committees with jurisdiction
over child care on the services provided by the ombudsperson to child care providers,
including the number, types, and locations of child care providers served, and the activities
of the ombudsperson to carry out the duties under this section. The commissioner shall
determine the form of the report and may specify additional reporting requirements.
new text end

new text begin Subd. 3. new text end

new text begin Staff. new text end

new text begin The ombudsperson may appoint and compensate out of available funds
a deputy, confidential secretary, and other employees in the unclassified service as authorized
by law. The ombudsperson and the full-time staff are members of the Minnesota State
Retirement Association. The ombudsperson may delegate to members of the staff any
authority or duties of the office except the duty to formally make recommendations to a
child care provider or reports to the commissioner or the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Access to records. new text end

new text begin (a) The ombudsperson or designee, excluding volunteers,
has access to data of a state agency necessary for the discharge of the ombudsperson's duties,
including records classified as confidential data on individuals or private data on individuals
under chapter 13 or any other law. The ombudsperson's data request must relate to a specific
case and is subject to section 13.03, subdivision 4. If the data concerns an individual, the
ombudsperson or designee shall first obtain the individual's consent. If the individual cannot
consent and has no legal guardian, then access to the data is authorized by this section.
new text end

new text begin (b) On a quarterly basis, each state agency responsible for licensing, regulating, and
enforcing state and federal laws and regulations concerning child care providers must provide
the ombudsperson copies of all correction orders, penalty assessments, and complaint
investigation reports for all child care providers.
new text end

new text begin Subd. 5. new text end

new text begin Independence of action. new text end

new text begin In carrying out the duties under this section, the
ombudsperson shall operate independently of the department and may provide testimony
or make periodic reports to the legislature to address areas of concern and advocate for child
care providers.
new text end

new text begin Subd. 6. new text end

new text begin Civil actions. new text end

new text begin The ombudsperson or designee is not civilly liable for any action
taken under this section if the action was taken in good faith, was within the scope of the
ombudsperson's authority, and did not constitute willful or reckless misconduct.
new text end

new text begin Subd. 7. new text end

new text begin Qualifications. new text end

new text begin The ombudsperson must be a person who has at least five years
of experience providing child care. The ombudsperson must be experienced in dealing with
governmental entities, interpretation of laws and regulations, investigations, record keeping,
report writing, public speaking, and management. A person is not eligible to serve as the
ombudsperson while holding public office and must not have been previously employed
by the Department of Human Services or as a county licensor.
new text end

new text begin Subd. 8. new text end

new text begin Office support. new text end

new text begin The commissioner shall provide the ombudsperson with the
necessary office space, supplies, equipment, and clerical support to effectively perform the
duties under this section.
new text end

new text begin Subd. 9. new text end

new text begin Posting. new text end

new text begin (a) The commissioner shall post on the department's website the address
and telephone number for the office of the ombudsperson. The commissioner shall provide
all child care providers with the address and telephone number of the office. Counties must
provide child care providers with the name, address, and telephone number of the office.
new text end

new text begin (b) The ombudsperson must approve all posting and notice required by the department
and counties under this subdivision.
new text end

Sec. 20. new text begin DIRECTION TO COMMISSIONER; CHILD CARE TRAINING
REQUIREMENTS.
new text end

new text begin (a) The commissioner of human services shall develop an annual refresher course as
described in Minnesota Statutes, section 245A.50, subdivision 12, for child care providers
who previously completed the training requirements under Minnesota Statutes, chapter
245A.
new text end

new text begin (b) The commissioner must propose any necessary legislative changes to develop and
implement the annual refresher training course in paragraph (a) and to eliminate duplicative
training requirements for the 2020 legislative session.
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. 21. new text begin DIRECTION TO COMMISSIONER; SUBSTITUTE CAREGIVER
PERMISSION.
new text end

new text begin (a) The commissioner of human services shall amend Minnesota Rules, part 9502.0365,
subpart 5, to permit licensed providers to use substitute caregivers for a cumulative total of
720 hours in any 12-month period.
new text end

new text begin (b) The commissioner of human services may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this
section, and Minnesota Statutes, section 14.386, does not apply except as provided under
Minnesota Statutes, section 14.388.
new text end

Sec. 22. new text begin FAMILY CHILD CARE TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The Family Child Care Task Force is established
to increase the number of licensed family child care providers throughout the state, identify
family child care licensing alternatives, and establish family child care regulatory reforms
to improve efficiencies.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Family Child Care Task Force shall consist of 16
members, appointed as follows:
new text end

new text begin (1) two members representing family child care providers from greater Minnesota,
including one appointed by the speaker of the house of representatives and one appointed
by the senate majority leader;
new text end

new text begin (2) two members representing family care providers from the metropolitan area as defined
in Minnesota Statutes, section 473.121, subdivision 2, including one appointed by the speaker
of the house of representatives and one appointed by the senate majority leader;
new text end

new text begin (3) one member appointed by the Minnesota Association of Child Care Professionals;
new text end

new text begin (4) one member appointed by the Minnesota Child Care Provider Information Network;
new text end

new text begin (5) two members from the house of representatives, including one appointed by the
speaker of the house of representatives and one appointed by the minority leader;
new text end

new text begin (6) two members from the senate, including one appointed by the senate majority leader
and one appointed by the senate minority leader;
new text end

new text begin (7) two members representing Department of Human Services-recognized family child
care associations from greater Minnesota, including one appointed by the senate majority
leader and one appointed by the senate minority leader;
new text end

new text begin (8) two members appointed by the Association of Minnesota Child Care Licensors,
including one from greater Minnesota and one from the metropolitan area, as defined in
Minnesota Statutes, section 473.121, subdivision 2;
new text end

new text begin (9) one member appointed by the Greater Minnesota Partnership; and
new text end

new text begin (10) one member appointed by the Minnesota Chamber of Commerce.
new text end

new text begin (b) Appointments to the task force must be made no later than July 15, 2019, and members
of the task force may be compensated as provided by Minnesota Statutes, section 15.059,
subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The task force must:
new text end

new text begin (1) develop a proposal for a child care provider licensing structure based on a differential
monitoring framework;
new text end

new text begin (2) identify licensing requirements that have led to the closure of family child care
programs and recommend business development and technical assistance resources to
promote provider recruitment and retention;
new text end

new text begin (3) identify family child care licensing alternatives, including permitting multiple family
child care providers to operate in a commercial or other building other than the providers'
residences;
new text end

new text begin (4) identify and recommend family child care regulatory reforms to improve licensing
efficiencies, including a variance structure and updated child ratios; and
new text end

new text begin (5) review Parent Aware program participation and identify obstacles and improvements.
new text end

new text begin Subd. 4. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force must elect a chair and vice-chair from
among its members and may elect other officers as necessary.
new text end

new text begin (b) The task force must meet at least monthly. The commissioner of human services
must convene the first meeting no later than August 1, 2019.
new text end

new text begin (c) The task force is subject to the Minnesota Open Meeting Law under Minnesota
Statutes, chapter 13D.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin The Office of Inspector General from the Department of Human Services
must provide staff assistance and meeting space to support the task force as needed.
new text end

new text begin Subd. 6. new text end

new text begin Report required. new text end

new text begin No later than March 1, 2020, the task force must submit a
written report to the chairs and ranking minority members of the legislative committees
with jurisdiction over child care regarding each of the duties under subdivision 3 describing
the work of the task force and its recommendations.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report in subdivision
6 or March 1, 2020, whichever is later.
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. 23. new text begin INSTRUCTION TO COMMISSIONER; REVIEW OF CHILD CARE
LICENSING AND BACKGROUND STUDY PROVISIONS.
new text end

new text begin The commissioner of human services shall review existing statutes and rules relating to
child care licensing and background study requirements and propose legislation for the 2020
legislative session that eliminates unnecessary and duplicative record keeping or
documentation requirements for child care providers. The commissioner shall also establish
a process for child care providers to electronically submit requested information to the
commissioner.
new text end

Sec. 24. new text begin APPROPRIATION; FAMILY CHILD CARE TASK FORCE.
new text end

new text begin $75,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of human services for the Family Child Care Task Force under section 22.
new text end

Sec. 25. new text begin APPROPRIATION; OMBUDSPERSON FOR CHILD CARE PROVIDERS.
new text end

new text begin $114,000 in fiscal year 2020 and $120,000 in fiscal year 2021 are appropriated from the
general fund to the commissioner of human services for the ombudsperson for child care
providers under Minnesota Statutes, section 245A.60.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 26. new text begin APPROPRIATION; CHILD CARE PROVIDER GRANTS.
new text end

new text begin (a) $649,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of employment and economic development for grants to local communities to increase the
supply of quality child care providers to support economic development. At least 60 percent
of grant funds must go to communities located outside of the seven-county metropolitan
area as defined under Minnesota Statutes, section 473.121, subdivision 2. Grant recipients
must obtain a 50 percent nonstate match to grant funds in either cash or in-kind contributions.
Grant funds available under this section must be used to implement projects to reduce the
child care shortage in the state, including but not limited to funding for child care business
start-ups or expansion, training, facility modifications or improvements required for licensing,
and assistance with licensing and other regulatory requirements. In awarding grants, the
commissioner must give priority to communities that have demonstrated a shortage of child
care providers in the area. This is a onetime appropriation.
new text end

new text begin (b) Within one year of receiving grant funds, grant recipients must report to the
commissioner on the outcomes of the grant program, including but not limited to the number
of new providers, the number of additional child care provider jobs created, the number of
additional child care slots, and the amount of cash and in-kind local funds invested.
new text end

Sec. 27. new text begin APPROPRIATION; CHILD CARE BUSINESS TRAINING PROGRAM.
new text end

new text begin $140,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of employment and economic development for a grant, through a competitive bidding
process, to a nonprofit organization with expertise in small business advising to operate a
business training program for child care providers and to create materials that could be used,
free of charge, for start-up, expansion, and operation of child care businesses statewide,
with the goal of helping new and existing child care businesses in underserved areas of the
state become profitable and sustainable. The commissioner shall report data on outcomes
and recommendations for replication of this training program throughout Minnesota to the
governor and the committees of the house of representatives and the senate with jurisdiction
over child care by December 15, 2021. This is a onetime appropriation and is available until
June 30, 2021.
new text end

Sec. 28. new text begin APPROPRIATION; MINNESOTA INITIATIVE FOUNDATIONS.
new text end

new text begin (a) $2,000,000 in fiscal year 2020 is appropriated from the general fund to the
commissioner of employment and economic development for a grant to the Minnesota
Initiative Foundations. This is a onetime appropriation and is available until June 30, 2023.
new text end

new text begin (b) The Minnesota Initiative Foundations must use grant funds under this section to:
new text end

new text begin (1) facilitate planning processes for rural communities resulting in a community solution
action plan that guides decision making to sustain and increase the supply of quality child
care in the region to support economic development;
new text end

new text begin (2) engage the private sector to invest local resources to support the community solution
action plan and ensure quality child care is a vital component of additional regional economic
development planning processes;
new text end

new text begin (3) provide locally based training and technical assistance to rural child care business
owners through a learning cohort. Access to financial and business development assistance
must prepare child care businesses for quality engagement and improvement by stabilizing
operations, leveraging funding from other sources, and fostering business acumen that
allows child care businesses to plan for and afford the cost of providing quality child care;
and
new text end

new text begin (4) recruit child care programs to participate in Parent Aware, Minnesota's quality and
improvement rating system, by providing targeted resources designed to encourage high
levels of participation in Parent Aware. The Minnesota Initiative Foundations must work
with local partners to provide low-cost training, professional development opportunities,
and continuing education curricula. The Minnesota Initiative Foundations must fund, through
local partners, an enhanced level of coaching to rural child care providers to obtain a quality
rating through Parent Aware.
new text end

Sec. 29. new text begin REVISOR INSTRUCTION; MINNESOTA RULES, CHAPTER 9502.
new text end

new text begin The revisor of statutes, in consultation with the House Research Department, Office of
Senate Counsel, Research and Fiscal Analysis, and the Department of Human Services shall
prepare legislation for the 2020 legislative session to repeal and enact as statutes Minnesota
Rules, chapter 9502, and recodify Minnesota Statutes sections governing licensing of child
care facilities. The revisor of statutes shall provide a courtesy copy of the proposed legislation
to the chief authors in the house of representatives and senate of this act.
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. 30. new text begin REVISOR INSTRUCTION; MINNESOTA RULES, CHAPTER 9503.
new text end

new text begin The revisor of statutes, in consultation with the House Research Department, Office of
Senate Counsel, Research and Fiscal Analysis, and the Department of Human Services shall
prepare legislation for the 2020 legislative session to repeal and enact as statutes Minnesota
Rules, chapter 9503, and recodify Minnesota Statutes sections governing licensing of child
care facilities. The revisor of statutes shall provide a courtesy copy of the proposed legislation
to the chief authors in the house of representatives and senate of this act.
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. 31. new text begin REVISOR INSTRUCTION; RECODIFY MINNESOTA STATUTES,
CHAPTER 245A; RECODIFY MINNESOTA RULES, CHAPTER 9502.
new text end

new text begin The revisor of statutes, in consultation with the House Research Department, Office of
Senate Counsel, Research and Fiscal Analysis, and Department of Human Services, shall
prepare legislation for the 2020 legislative session to: (1) recodify Minnesota Statutes,
chapter 245A; and (2) repeal and enact as statutes the rules governing day care facility
licensing in Minnesota Rules, chapter 9502.
new text end