SF 24

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 10/19/2020 03:11pm

A bill for an act
relating to human services; child care; foster care; requiring students in foster care
who change schools to be enrolled within seven days; requiring responsible social
services agencies to initiate and facilitate phone calls between parents and foster
care providers for children in out-of-home placement; requiring responsible social
services agencies to coordinate prenatal alcohol exposure screenings for children
in foster care; modifying family day care training requirements; requiring local
agencies to use a universal form to process family day care variance requests and
post variance policies publicly; modifying background study requirements for
guardians and conservators; modifying the definition of supervision in child care
center settings; modifying birth to age eight pilot project participation requirements;
modifying provisions of the family assets for independence initiative; extending
the first three years of life demonstration project; directing the commissioner of
human services to modify an annual foster care report, develop foster care phone
call training, develop a uniform family day care variance application form, and
evaluate continuous licenses for family day care providers; amending Minnesota
Statutes 2018, sections 245A.02, subdivision 2c; 245A.04, subdivision 9; 245A.50,
as amended; 245C.10, by adding a subdivision; 245C.32, subdivision 2; 256.041,
subdivision 10; 256E.35; 257.0725; 260C.219; 524.5-118; Minnesota Statutes
2019 Supplement, sections 245A.02, subdivision 18; 245A.149; 245A.16,
subdivision 1; 245A.40, subdivision 7; Laws 2016, chapter 189, article 15, section
29; Laws 2017, First Special Session chapter 6, article 7, section 33, subdivisions
2, 3; proposing coding for new law in Minnesota Statutes, chapter 120A.

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

Section 1.

new text begin [120A.21] ENROLLMENT OF A STUDENT IN FOSTER CARE.
new text end

new text begin A student placed in foster care must remain enrolled in the student's prior school unless
it is determined that remaining enrolled in the prior school is not in the student's best interests.
If the student does not remain enrolled in the prior school, the student must be enrolled in
a new school within seven school days.
new text end

Sec. 2.

Minnesota Statutes 2018, section 245A.02, subdivision 2c, is amended to read:

Subd. 2c.

Annual or annually; family child care training requirements.

For the
purposes of deleted text begin section 245A.50, subdivisions 1 to 9 deleted text end new text begin sections 245A.50 to 245A.53 new text end , "annual"
or "annually" means the 12-month period beginning on the license effective date or the
annual anniversary of the effective date and ending on the day prior to the annual anniversary
of the license effective date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 245A.02, subdivision 18, is amended
to read:

Subd. 18.

Supervision.

(a) For purposes of licensed child care centers, "supervision"
means when a program staff person:

(1) is accountable for the child's care;

(2) can intervene to protect the health and safety of the child; and

(3) is within sight and hearing of the child at all times except as described in paragraphs
(b) to deleted text begin (d) deleted text end new text begin (e) new text end .

(b) When an infant is placed in a crib room to sleep, supervision occurs when a program
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.

(c) When a single school-age child uses the restroom within the licensed space,
supervision occurs when a program staff person has knowledge of the child's activity and
location and checks on the child at least every five minutes. When a school-age child uses
the restroom outside the licensed space, including but not limited to field trips, supervision
occurs when staff accompany children to the restroom.

(d) When a school-age child leaves the classroom but remains within the licensed space
to deliver or retrieve items from the child's personal storage space, supervision occurs when
a program staff person has knowledge of the child's activity and location and checks on the
child at least every five minutes.

new text begin (e) When a single preschooler uses an individual, private restroom within the classroom
with the door closed, supervision occurs when a program staff person has knowledge of the
child's activity and location, can hear the child, and checks on the child at least every five
minutes.
new text end

Sec. 4.

Minnesota Statutes 2018, section 245A.04, subdivision 9, is amended to read:

Subd. 9.

Variances.

(a) The commissioner may grant variances to rules that do not affect
the health or safety of persons in a licensed program if the following conditions are met:

(1) the variance must be requested by an applicant or license holder on a form and in a
manner prescribed by the commissioner;

(2) the request for a variance must include the reasons that the applicant or license holder
cannot comply with a requirement as stated in the rule and the alternative equivalent measures
that the applicant or license holder will follow to comply with the intent of the rule; and

(3) the request must state the period of time for which the variance is requested.

The commissioner may grant a permanent variance when conditions under which the
variance is requested do not affect the health or safety of persons being served by the licensed
program, nor compromise the qualifications of staff to provide services. The permanent
variance shall expire as soon as the conditions that warranted the variance are modified in
any way. Any applicant or license holder must inform the commissioner of any changes or
modifications that have occurred in the conditions that warranted the permanent variance.
Failure to advise the commissioner shall result in revocation of the permanent variance and
may be cause for other sanctions under sections 245A.06 and 245A.07.

The commissioner's decision to grant or deny a variance request is final and not subject
to appeal under the provisions of chapter 14.

(b) The commissioner shall consider variances for child care center staff qualification
requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
the health and safety of children served by the center. A variance request must be submitted
to the commissioner in accordance with paragraph (a) and must include a plan for the staff
person to gain additional experience, education, or training, as requested by the commissioner.
When reviewing a variance request under this section, the commissioner shall consider the
staff person's level of professional development, including but not limited to steps completed
on the Minnesota career lattice.

new text begin (c) Beginning January 1, 2021, counties shall use a uniform application form developed
by the commissioner for variance requests by family child care license holders.
new text end

Sec. 5.

Minnesota Statutes 2019 Supplement, section 245A.149, is amended to read:

245A.149 SUPERVISION OF FAMILY CHILD CARE LICENSE HOLDER'S
OWN CHILD.

(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, new text begin and with the license
holder's consent, new text end an individual may be present in the licensed space, may supervise the
family child care license holder's own child both inside and outside of the licensed space,
and is exempt from the training and supervision requirements of this chapter and Minnesota
Rules, chapter 9502, if the individual:

(1) is related to the license holder new text begin or to the license holder's child new text end , as defined in section
245A.02, subdivision 13 new text begin , or is a household member who the license holder has reported to
the county agency new text end ;

(2) is not a designated caregiver, helper, or substitute for the licensed program;

(3) is involved only in the care of the license holder's own child; and

(4) does not have direct, unsupervised contact with any nonrelative children receiving
services.

(b) If the individual in paragraph (a) is not a household member, the individual is also
exempt from background study requirements under chapter 245C.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 6.

Minnesota Statutes 2019 Supplement, section 245A.16, subdivision 1, is amended
to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 245A.04 and background studies for family child care
under chapter 245C; to recommend denial of applicants under section 245A.05; to issue
correction orders, to issue variances, and recommend a conditional license under section
245A.06; or to recommend suspending or revoking a license or issuing a fine under section
245A.07, shall comply with rules and directives of the commissioner governing those
functions and with this section. The following variances are excluded from the delegation
of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child and
adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that, before the implementation
of NETStudy 2.0, county agencies may issue variances under section 245C.30 regarding
disqualified individuals when the county is responsible for conducting a consolidated
reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and
(b), of a county maltreatment determination and a disqualification based on serious or
recurring maltreatment;

(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;

(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; and

(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care.

Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must
not grant a license holder a variance to exceed the maximum allowable family child care
license capacity of 14 children.

new text begin (b) A county agency that has been designated by the commissioner to issue family child
care variances must:
new text end

new text begin (1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and
new text end

new text begin (2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Before the implementation of NETStudy 2.0, county agencies must report
information about disqualification reconsiderations under sections 245C.25 and 245C.27,
subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause
(5), to the commissioner at least monthly in a format prescribed by the commissioner.

deleted text begin (c) deleted text end new text begin (d) new text end For family child care programs, the commissioner shall require a county agency
to conduct one unannounced licensing review at least annually.

deleted text begin (d) deleted text end new text begin (e) new text end For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.

deleted text begin (e) deleted text end new text begin (f) new text end A license issued under this section may be issued for up to two years.

deleted text begin (f) deleted text end new text begin (g) new text end During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.

deleted text begin (g) deleted text end new text begin (h) new text end Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county and
private agencies.

deleted text begin (h) deleted text end new text begin (i) new text end A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 7.

Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 7, is amended
to read:

Subd. 7.

In-service.

(a) A license holder must ensure that the center director, staff
persons, substitutes, and unsupervised volunteers complete in-service training each calendar
year.

(b) The center director and staff persons who work more than 20 hours per week must
complete 24 hours of in-service training each calendar year. Staff persons who work 20
hours or less per week must complete 12 hours of in-service training each calendar year.
Substitutes and unsupervised volunteers must complete the requirements of paragraphs deleted text begin (e)
to (h) deleted text end new text begin (d) to (g) new text end and do not otherwise have a minimum number of hours of training to
complete.

(c) The number of in-service training hours may be prorated for individuals not employed
for an entire year.

(d) Each year, in-service training must include:

(1) the center's procedures for maintaining health and safety according to section 245A.41
and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according
to Minnesota Rules, part 9503.0110;

(2) the reporting responsibilities under section 626.556 and Minnesota Rules, part
9503.0130;

(3) at least one-half hour of training on the standards under section 245A.1435 and on
reducing the risk of sudden unexpected infant death as required under subdivision 5, if
applicable; and

(4) at least one-half hour of training on the risk of abusive head trauma from shaking
infants and young children as required under subdivision 5a, if applicable.

(e) Each year, or when a change is made, whichever is more frequent, in-service training
must be provided on: (1) the center's risk reduction plan under section 245A.66, subdivision
2; and (2) a child's individual child care program plan as required under Minnesota Rules,
part 9503.0065, subpart 3.

(f) At least once every two calendar years, the in-service training must include:

(1) child development and learning training under subdivision 2;

(2) pediatric first aid that meets the requirements of subdivision 3;

(3) pediatric cardiopulmonary resuscitation training that meets the requirements of
subdivision 4;

(4) cultural dynamics training to increase awareness of cultural differences; and

(5) disabilities training to increase awareness of differing abilities of children.

(g) At least once every five years, in-service training must include child passenger
restraint training that meets the requirements of subdivision 6, if applicable.

(h) The remaining hours of the in-service training requirement must be met by completing
training in the following content areas of the Minnesota Knowledge and Competency
Framework:

(1) Content area I: child development and learning;

(2) Content area II: developmentally appropriate learning experiences;

(3) Content area III: relationships with families;

(4) Content area IV: assessment, evaluation, and individualization;

(5) Content area V: historical and contemporary development of early childhood
education;

(6) Content area VI: professionalism;

(7) Content area VII: health, safety, and nutrition; and

(8) Content area VIII: application through clinical experiences.

(i) For purposes of this subdivision, the following terms have the meanings given them.

(1) "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.

(2) "Developmentally appropriate learning experiences" means creating positive learning
experiences, promoting cognitive development, promoting social and emotional development,
promoting physical development, and promoting creative development.

(3) "Relationships with families" means training on building a positive, respectful
relationship with the child's family.

(4) "Assessment, evaluation, and individualization" means 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" means
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs.

(6) "Professionalism" means training in knowledge, skills, and abilities that promote
ongoing professional development.

(7) "Health, safety, and nutrition" means training in establishing health practices, ensuring
safety, and providing healthy nutrition.

(8) "Application through clinical experiences" means clinical experiences in which a
person applies effective teaching practices using a range of educational programming models.

(j) The license holder must ensure that documentation, as required in subdivision 10,
includes the number of total training hours required to be completed, name of the training,
the Minnesota Knowledge and Competency Framework content area, number of hours
completed, and the director's approval of the training.

(k) In-service training completed by a staff person that is not specific to that child care
center is transferable upon a staff person's change in employment to another child care
program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2018, section 245A.50, as amended by Laws 2019, First Special
Session chapter 9, article 2, section 53, is amended to read:

245A.50 FAMILY CHILD CARE TRAINING REQUIREMENTS.

Subdivision 1.

Initial training.

(a) License holders, new text begin second adult new text end 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 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. 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 begin (d) Before a second adult caregiver or substitute cares for a child or assists in the care
of a child, the license holder must train the second adult caregiver or substitute on:
new text end

new text begin (1) the emergency preparedness plan required under section 245A.51, subdivision 3;
and
new text end

new text begin (2) allergy prevention and response required under section 245A.51, subdivision 1.
new text end

new text begin Subd. 1a. new text end

new text begin Definitions and general provisions. new text end

new text begin For the purposes of this section, the
following terms have the meanings given:
new text end

new text begin (1) "second adult caregiver" means an adult who cares for children in the licensed
program along with the license holder for a cumulative total of more than 500 hours annually;
new text end

new text begin (2) "helper" means a minor, ages 13 to 17, who assists in caring for children; and
new text end

new text begin (3) "substitute" means an adult who assumes responsibility for a license holder for a
cumulative total of not more than 500 hours annually.
new text end

new text begin An adult who cares for children in the licensed program along with the license holder for
a cumulative total of not more than 500 hours annually has the same training requirements
as a substitute.
new text end

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 new text begin second new text end adult
caregiver deleted text begin who provides care in the licensed setting for more than 30 days in any 12-month
period deleted text end shall complete and document at least four hours of child deleted text begin growth deleted text end new text begin development new text end 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 deleted text begin curriculum deleted text end
shall be developed or approved by the commissioner of human services.

(b) Notwithstanding new text begin initial child development and learning and behavior guidance
training requirements in new text end 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 (c) The license holder and each second adult caregiver must annually take at least two
hours of child development and learning or behavior guidance training. A three-credit course
about early childhood development meets the requirements of this paragraph.
new text end

Subd. 3.

First aid.

(a) deleted text begin 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 deleted text end new text begin Before initial licensure and before caring for
a child, license holders, second adult caregivers, and substitutes must be trained in pediatric
first aid new text end . 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. deleted text begin First aid
training must be repeated every two years deleted text end new text begin License holders, second adult caregivers, and
substitutes must repeat pediatric first aid training every two years. When the training expires,
it must be retaken no later than the day before the anniversary of the license holder's license
effective date new text end .

deleted text begin (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.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Video training reviewed and approved by the county licensing agency satisfies
the training requirement of this subdivision.

Subd. 4.

Cardiopulmonary resuscitation.

(a) deleted text begin 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) deleted text end new text begin Before initial licensure and before caring for a child, license holders, second adult
caregivers, and substitutes must be trained in pediatric cardiopulmonary resuscitation (CPR) new text end ,
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 deleted text begin , deleted text end new text begin . License holders, second adult caregivers, and substitutes new text end must deleted text begin be repeated deleted text end new text begin
repeat pediatric CPR training new text end at least once every two years deleted text begin , deleted text end and must deleted text begin be documented deleted text end new text begin
document the training new text end in the deleted text begin caregiver's deleted text end new text begin license holder's new text end records. new text begin When the training expires,
it must be retaken no later than the day before the anniversary of the license holder's license
effective date.
new text end

deleted text begin (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.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end 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.

Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

(a)
License holders must new text begin ensure and new text end document that before deleted text begin staff persons deleted text end new text begin the license holder new text end ,
new text begin second adult new text end caregivers, new text begin substitutes, new text end 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 new text begin ensure and new text end document
that before deleted text begin staff persons deleted text end new text begin the license holder new text end , new text begin second adult new text end caregivers, new text begin substitutes, new text end 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 every two years. new text begin When the training expires, it must be
retaken no later than the day before the anniversary of the license holder's license effective
date. new text end On the years when the deleted text begin license holder deleted text end new text begin individual receiving training new text end is not receiving
training in person or as allowed under subdivision 10, clause (1) or (2), the deleted text begin license holder deleted text end new text begin
individual receiving training in accordance with this subdivision new text end 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 new text begin second adult new text end caregiver, helper, or
substitute deleted text begin , as defined in Minnesota Rules, part 9502.0315, deleted text end for the licensed program, is
exempt from the sudden unexpected infant death and abusive head trauma training.

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, deleted text begin staff person, deleted text end new text begin second adult new text end caregiver, new text begin substitute, new text end 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 every five years. new text begin When the training expires, it
must be retaken no later than the day before the anniversary of the license holder's license
effective date. 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.

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 deleted text begin primary deleted text end new text begin second adult new text end
caregiver must complete 16 hours of ongoing training each year. deleted text begin 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. deleted text end Repeat of topical training requirements
in subdivisions 2 to 8 shall count toward the annual 16-hour training requirement. Additional
ongoing training subjects to meet the annual 16-hour training requirement must be selected
from the following areas:

(1) child development and learning training deleted text begin under subdivision 2, paragraph (a) deleted text end new text begin in
understanding how a child develops physically, cognitively, emotionally, and socially, and
how a child learns as part of the child's family, culture, and community new text end ;

(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.

Subd. 8.

Other required training requirements.

(a) The training required of family
and group family child care providers and staff must include training in the cultural dynamics
of early childhood development and child care. The cultural dynamics and disabilities
training and skills development of child care providers must be designed to achieve outcomes
for providers of child care that include, but are not limited to:

(1) an understanding and support of the importance of culture and differences in ability
in children's identity development;

(2) understanding the importance of awareness of cultural differences and similarities
in working with children and their families;

(3) understanding and support of the needs of families and children with differences in
ability;

(4) developing skills to help children develop unbiased attitudes about cultural differences
and differences in ability;

(5) developing skills in culturally appropriate caregiving; and

(6) developing skills in appropriate caregiving for children of different abilities.

The commissioner shall approve the curriculum for cultural dynamics and disability
training.

(b) The provider must meet the training requirement in section 245A.14, subdivision
11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child care
or group family child care home to use the swimming pool located at the home.

Subd. 9.

Supervising for safety; training requirement.

new text begin (a) Courses required by this
subdivision must include the following health and safety topics:
new text end

new text begin (1) preventing and controlling infectious diseases;
new text end

new text begin (2) administering medication;
new text end

new text begin (3) preventing and responding to allergies;
new text end

new text begin (4) ensuring building and physical premises safety;
new text end

new text begin (5) handling and storing biological contaminants;
new text end

new text begin (6) preventing and reporting child abuse and maltreatment; and
new text end

new text begin (7) emergency preparedness.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end Before initial licensure and before caring for a child, all family child care license
holders and each new text begin second new text end adult caregiver deleted text begin who provides care in the licensed family child care
home for more than 30 days in any 12-month period deleted text end shall complete and document the
completion of the six-hour Supervising for Safety for Family Child Care course developed
by the commissioner.

new text begin (c) The license holder must ensure and document that, before caring for a child, all
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course developed by the commissioner, which must include health and safety
topics as well as child development and learning.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end The family child care license holder and each new text begin second new text end adult caregiver deleted text begin who provides
care in the licensed family child care home for more than 30 days in any 12-month period deleted text end
shall complete and document:

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

(2) the completion at least once every five years of the two-hour courses Health and
Safety I and Health and Safety II. new text begin When the training is due for the first time or expires, it
must be taken no later than the day before the anniversary of the license holder's license
effective date. new text end A license holder's or new text begin second new text end adult caregiver's completion of either training
in a given year meets the annual active supervision training requirement in clause (1).

new text begin (e) At least once every three years, license holders must ensure and document that
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course. When the training expires, it must be retaken no later than the day before
the anniversary of the license holder's license effective date.
new text end

Subd. 10.

Approved training.

new text begin (a) The commissioner of human services must post
information on the department's website indicating the specific category within the
Knowledge and Competency Framework that will satisfy training requirements for child
development and learning, behavior guidance, and active supervision. County licensing
staff must accept trainings designated as satisfying training requirements by the commissioner
under this paragraph.
new text end

new text begin (b) Unless specifically authorized in this section, one training does not fulfill two different
training requirements. Courses within the identified knowledge and competency areas that
are specific to child care centers or legal nonlicensed providers do not fulfill the requirements
of this section.
new text end

new text begin (c) new text end County licensing staff must accept training approved by the Minnesota Center for
Professional Development, including:

(1) face-to-face or classroom training;

(2) online training; and

(3) relationship-based professional development, such as mentoring, coaching, and
consulting.

Subd. 11.

Provider training.

New and increased training requirements under this section
must not be imposed on providers until the commissioner establishes statewide accessibility
to the required provider training.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 9.

Minnesota Statutes 2018, section 245C.10, is amended by adding a subdivision to
read:

new text begin Subd. 15. new text end

new text begin Guardians and conservators. new text end

new text begin The commissioner shall recover the cost of
conducting background studies for guardians and conservators under section 524.5-118
through a fee of no more than $110 per study. The fees collected under this subdivision are
appropriated to the commissioner for the purpose of conducting background studies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 10.

Minnesota Statutes 2018, section 245C.32, subdivision 2, is amended to read:

Subd. 2.

Use.

(a) The commissioner may also use these systems and records to obtain
and provide criminal history data from the Bureau of Criminal Apprehension, criminal
history data held by the commissioner, and data about substantiated maltreatment under
section 626.556 or 626.557, for other purposes, provided that:

(1) the background study is specifically authorized in statute; or

(2) the request is made with the informed consent of the subject of the study as provided
in section 13.05, subdivision 4.

(b) An individual making a request under paragraph (a), clause (2), must agree in writing
not to disclose the data to any other individual without the consent of the subject of the data.

(c) The commissioner may recover the cost of obtaining and providing background study
data by charging the individual or entity requesting the study a fee of no more than $20 per
study. The fees collected under this paragraph are appropriated to the commissioner for the
purpose of conducting background studies.

deleted text begin (d) The commissioner shall recover the cost of obtaining background study data required
under section 524.5-118 through a fee of $50 per study for an individual who has not lived
outside Minnesota for the past ten years, and a fee of $100 for an individual who has resided
outside of Minnesota for any period during the ten years preceding the background study.
The commissioner shall recover, from the individual, any additional fees charged by other
states' licensing agencies that are associated with these data requests. Fees under subdivision
3 also apply when criminal history data from the National Criminal Records Repository is
required.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 11.

Minnesota Statutes 2018, section 256.041, subdivision 10, is amended to read:

Subd. 10.

Expiration.

The council expires on June 30, deleted text begin 2020 deleted text end new text begin 2022 new text end .

Sec. 12.

Minnesota Statutes 2018, section 256E.35, is amended to read:

256E.35 FAMILY ASSETS FOR INDEPENDENCE.

Subdivision 1.

Establishment.

The Minnesota family assets for independence initiative
is established to provide incentives for low-income families to accrue assets for education,
housing, new text begin vehicles, new text end and economic development purposes.

Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Eligible educational institution" means the following:

(1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or

(2) an area vocational education school, as defined in subparagraph (C) or (D) of United
States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and
Applied Technology Education Act), which is located within any state, as defined in United
States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the
extent section 2302 is in effect on August 1, 2008.

(c) "Family asset account" means a savings account opened by a household participating
in the Minnesota family assets for independence initiative.

(d) "Fiduciary organization" means:

(1) a community action agency that has obtained recognition under section 256E.31;

(2) a federal community development credit union serving the seven-county metropolitan
area; or

(3) a women-oriented economic development agency serving the seven-county
metropolitan area.

(e) "Financial coach" means a person who:

(1) has completed an intensive financial literacy training workshop that includes
curriculum on budgeting to increase savings, debt reduction and asset building, building a
good credit rating, and consumer protection;

(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM)
network training meetings under FAIM program supervision; and

(3) provides financial coaching to program participants under subdivision 4a.

(f) "Financial institution" means a bank, bank and trust, savings bank, savings association,
or credit union, the deposits of which are insured by the Federal Deposit Insurance
Corporation or the National Credit Union Administration.

(g) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.

(h) "Permissible use" means:

(1) postsecondary educational expenses at an eligible educational institution as defined
in paragraph (b), including books, supplies, and equipment required for courses of instruction;

(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including
any usual or reasonable settlement, financing, or other closing costs;

(3) business capitalization expenses for expenditures on capital, plant, equipment, working
capital, and inventory expenses of a legitimate business pursuant to a business plan approved
by the fiduciary organization; deleted text begin and
deleted text end

(4) acquisition costs of a principal residence within the meaning of section 1034 of the
Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase
price applicable to the residence determined according to section 143(e)(2) and (3) of the
Internal Revenue Code of 1986 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) acquisition costs of a personal vehicle only if approved by the fiduciary organization.
new text end

Subd. 3.

Grants awarded.

The commissioner shall allocate funds to participating
fiduciary organizations to provide family asset services. Grant awards must be based on a
plan submitted by a statewide organization representing fiduciary organizations. The
statewide organization must ensure that any interested unrepresented fiduciary organization
have input into the development of the plan. The plan must equitably distribute funds to
achieve geographic balance and document the capacity of participating fiduciary
organizations to manage the program deleted text begin and to raise the private match deleted text end .

Subd. 4.

Duties.

A participating fiduciary organization must:

(1) provide separate accounts for the immediate deposit of program funds;

(2) establish a process to select participants and describe any priorities for participation;

(3) enter into a family asset agreement with the household to establish the terms of
participation;

(4) provide households with economic literacy education;

(5) provide households with information on early childhood family education;

(6) provide matching deposits for participating households;

(7) coordinate with other related public and private programs; and

(8) establish a process to appeal and mediate disputes.

Subd. 4a.

Financial coaching.

A financial coach shall provide the following to program
participants:

(1) financial education relating to budgeting, debt reduction, asset-specific training, and
financial stability activities;

(2) asset-specific training related to buying a home new text begin or vehicle new text end , acquiring postsecondary
education, or starting or expanding a small business; and

(3) financial stability education and training to improve and sustain financial security.

Subd. 5.

Household eligibility; participation.

(a) To be eligible for state or TANF
matching funds in the family assets for independence initiative, a household must meet the
eligibility requirements of the federal Assets for Independence Act, Public Law 105-285,
in Title IV, section 408 of that act.

(b) Each participating household must sign a family asset agreement that includes the
amount of scheduled deposits into its savings account, the proposed use, and the proposed
savings goal. A participating household must agree to complete an economic literacy training
program.

new text begin (c) new text end Participating households may only deposit money that is derived from household
earned income or from state and federal income tax credits.

Subd. 6.

Withdrawal; matching; permissible uses.

(a) To receive a match, a
participating household must transfer funds withdrawn from a family asset account to its
matching fund custodial account held by the fiscal agent, according to the family asset
agreement. The fiscal agent must determine if the match request is for a permissible use
consistent with the household's family asset agreement.

new text begin (b) new text end The fiscal agent must ensure the household's custodial account contains the applicable
matching funds to match the balance in the household's account, including interest, on at
least a quarterly basis and at the time of an approved withdrawal. Matches must be deleted text begin provided
as follows:
deleted text end

deleted text begin (1) from state grant and TANF funds, deleted text end a deleted text begin matching deleted text end contribution of deleted text begin $1.50 deleted text end new text begin $3 from state
grant or TANF funds new text end for every $1 of funds withdrawn from the family asset account deleted text begin equal
to the lesser of $720 per year or deleted text end new text begin not to exceed new text end a deleted text begin $3,000 deleted text end new text begin $6,000 new text end lifetime limit deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) from nonstate funds, a matching contribution of no less than $1.50 for every $1 of
funds withdrawn from the family asset account equal to the lesser of $720 per year or a
$3,000 lifetime limit.
deleted text end

new text begin (c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for
Independence Act of 1998, and a participating fiduciary organization is awarded a grant
under that act, participating households with that fiduciary organization must be provided
matches as follows:
new text end

new text begin (1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a $3,000 lifetime limit; and
new text end

new text begin (2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a $3,000 lifetime limit.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end Upon receipt of transferred custodial account funds, the fiscal agent must make
a direct payment to the vendor of the goods or services for the permissible use.

Subd. 7.

Program reporting.

The fiscal agent on behalf of each fiduciary organization
participating in a family assets for independence initiative must report quarterly to the
commissioner of human services identifying the participants with accounts, the number of
accounts, the amount of savings and matches for each participant's account, the uses of the
account, and the number of businesses, homes, new text begin vehicles, new text end and educational services paid for
with money from the account, as well as other information that may be required for the
commissioner to administer the program and meet federal TANF reporting requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2018, section 257.0725, is amended to read:

257.0725 ANNUAL REPORT.

The commissioner of human services shall publish an annual report on child maltreatment
and on children in out-of-home placement. The commissioner shall confer with counties,
child welfare organizations, child advocacy organizations, the courts, and other groups on
how to improve the content and utility of the department's annual report. In regard to child
maltreatment, the report shall include the number and kinds of maltreatment reports received
and any other data that the commissioner determines is appropriate to include in a report
on child maltreatment. In regard to children in out-of-home placement, the report shall
include, by county and statewide, information on legal status, living arrangement, age, sex,
race, accumulated length of time in placement, reason for most recent placement, race of
family with whom placed, new text begin school enrollments within seven days of placement pursuant to
section 120A.21, new text end and other information deemed appropriate on all children in out-of-home
placement. Out-of-home placement includes placement in any facility by an authorized
child-placing agency.

Sec. 14.

Minnesota Statutes 2018, section 260C.219, is amended to read:

260C.219 AGENCY RESPONSIBILITIES FOR PARENTS AND CHILDREN IN
PLACEMENT.

new text begin Subdivision 1. new text end

new text begin Responsibilities for parents; noncustodial parents. new text end

(a) When a child
is in foster care, the responsible social services agency shall make diligent efforts to identify,
locate, and, where appropriate, offer services to both parents of the child.

deleted text begin (1) deleted text end new text begin (b) new text end The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this deleted text begin clause deleted text end new text begin paragraph new text end may include,
but is not limited to, obtaining information under section 260C.209. If after assessment, the
responsible social services agency determines that a noncustodial or nonadjudicated parent
is willing and capable of providing day-to-day care of the child, the responsible social
services agency may seek authority from the custodial parent or the court to have that parent
assume day-to-day care of the child. If a parent is not an adjudicated parent, the responsible
social services agency shall require the nonadjudicated parent to cooperate with paternity
establishment procedures as part of the case plan.

deleted text begin (2) deleted text end new text begin (c) new text end If, after assessment, the responsible social services agency determines that the
child cannot be in the day-to-day care of either parent, the agency shall:

deleted text begin (i) deleted text end new text begin (1) new text end prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

deleted text begin (ii) deleted text end new text begin (2) new text end provide a parent who is the subject of a background study under section 260C.209
15 days' notice that it intends to use the study to recommend against putting the child with
that parent, and the court shall afford the parent an opportunity to be heard concerning the
study.

The results of a background study of a noncustodial parent shall not be used by the agency
to determine that the parent is incapable of providing day-to-day care of the child unless
the agency reasonably believes that placement of the child into the home of that parent
would endanger the child's health, safety, or welfare.

deleted text begin (3) deleted text end new text begin (d) new text end If, after the provision of services following an out-of-home placement plan under
this deleted text begin section deleted text end new text begin subdivision new text end , the child cannot return to the care of the parent from whom the
child was removed or who had legal custody at the time the child was placed in foster care,
the agency may petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.515, subdivision 4. If paternity has not already been
established, it may be established in the same proceeding in the manner provided for under
chapter 257.

deleted text begin (4) deleted text end new text begin (e) new text end The responsible social services agency may be relieved of the requirement to
locate and offer services to both parents by the juvenile court upon a finding of good cause
after the filing of a petition under section 260C.141.

new text begin Subd. 2. new text end

new text begin Notice to parent or guardian. new text end

deleted text begin (b) deleted text end The responsible social services agency shall
give notice to the parent or guardian of each child in foster care, other than a child in
voluntary foster care for treatment under chapter 260D, of the following information:

(1) that the child's placement in foster care may result in termination of parental rights
or an order permanently placing the child out of the custody of the parent, but only after
notice and a hearing as required under this chapter and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including the
date on which the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed from the
care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of foster care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent legal
placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in foster care.

new text begin Subd. 3. new text end

new text begin Information for a parent considering voluntary placement. new text end

deleted text begin (c) deleted text end The
responsible social services agency shall inform a parent considering voluntary placement
of a child under section 260C.227 of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent who enters
a voluntary placement agreement may at any time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of the receipt of the
request;

(3) evidence gathered during the time the child is voluntarily placed may be used at a
later time as the basis for a petition alleging that the child is in need of protection or services
or as the basis for a petition seeking termination of parental rights or other permanent
placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is in
need of protection or services or a petition seeking the termination of parental rights or other
permanent placement of the child away from the parent, the parent would have the right to
appointment of separate legal counsel and the child would have a right to the appointment
of counsel and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under section
260C.212, subdivision 3, and the effect the time spent in voluntary placement on the
scheduling of a permanent placement determination hearing under sections 260C.503 to
260C.521.

new text begin Subd. 4. new text end

new text begin Medical examinations. new text end

deleted text begin (d) deleted text end When an agency accepts a child for placement, the
agency shall determine whether the child has had a physical examination by or under the
direction of a licensed physician within the 12 months immediately preceding the date when
the child came into the agency's care. If there is documentation that the child has had an
examination within the last 12 months, the agency is responsible for seeing that the child
has another physical examination within one year of the documented examination and
annually in subsequent years. If the agency determines that the child has not had a physical
examination within the 12 months immediately preceding placement, the agency shall ensure
that the child has an examination within 30 days of coming into the agency's care and once
a year in subsequent years.

new text begin Subd. 5. new text end

new text begin Children reaching age of majority; copies of records. new text end

deleted text begin (e) deleted text end Whether under
state guardianship or not, if a child leaves foster care by reason of having attained the age
of majority under state law, the child must be given at no cost a copy of the child's social
and medical history, as defined in section 259.43, and education report.

new text begin Subd. 6. new text end

new text begin Initial foster care phone call. new text end

new text begin (a) When a child enters foster care or moves to
a new foster care placement, the responsible social services agency should attempt to
coordinate a phone call between the foster parent or facility and the child's parent or legal
guardian to establish a connection and encourage ongoing information sharing between the
child's parent or legal guardian and the foster parent or facility; and to provide an opportunity
to share any information regarding the child, the child's needs, or the child's care that would
facilitate the child's adjustment to the foster home, promote stability, reduce the risk of
trauma, or otherwise improve the quality of the child's care.
new text end

new text begin (b) The responsible social services agency should attempt to coordinate the phone call
in paragraph (a) as soon as practicable after the child arrives at the placement but no later
than 72 hours after the child's placement. If the responsible social services agency determines
that the phone call is not in the child's best interests, or if the agency is unable to identify,
locate, or contact the child's parent or legal guardian despite reasonable efforts, or despite
active efforts if the child is an American Indian child, the agency may delay the phone call
until up to 48 hours after the agency determines that the phone call is in the child's best
interests, or up to 48 hours after the child's parent or legal guardian is located or becomes
available for the phone call. The responsible social services agency is not required to attempt
to coordinate the phone call if placing the phone call poses a danger to the mental or physical
health of the child or foster parent.
new text end

new text begin (c) The responsible social services agency shall document the date and time of the phone
call in paragraph (a), its efforts to coordinate the phone call, its efforts to identify, locate,
or find availability for the child's parent or legal guardian, any determination of whether
the phone call is in the child's best interests, and any reasons that the phone call did not
occur, including any danger to the child's or foster parent's mental or physical health.
new text end

new text begin Subd. 7. new text end

new text begin Prenatal alcohol exposure screening. new text end

new text begin (a) The responsible social services
agency shall coordinate a prenatal alcohol exposure screening for any child who enters
foster care as soon as practicable but no later than 45 days after the removal of the child
from the child's home, if the agency has determined that the child has not previously been
screened or identified as prenatally exposed to alcohol.
new text end

new text begin (b) The responsible social services agency shall ensure that the screening is conducted
in accordance with:
new text end

new text begin (1) existing prenatal alcohol exposure screening best practice guidelines; and
new text end

new text begin (2) the criteria developed and provided to the responsible social services agency by the
statewide organization that focuses solely on prevention and intervention with fetal alcohol
spectrum disorder and that receives funding under the appropriation for fetal alcohol spectrum
disorder in Laws 2007, chapter 147, article 19, section 4, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for children who enter foster care on or
after August 1, 2020, except subdivision 6 is effective for children entering out-of-home
placement or moving between placements on or after November 1, 2020.
new text end

Sec. 15.

Minnesota Statutes 2018, section 524.5-118, is amended to read:

524.5-118 BACKGROUND STUDY.

Subdivision 1.

When required; exception.

(a) The court shall require a background
study under this section:

(1) before the appointment of a guardian or conservator, unless a background study has
been done on the person under this section within the previous deleted text begin two deleted text end new text begin five new text end years; and

(2) once every deleted text begin two deleted text end new text begin five new text end years after the appointment, if the person continues to serve as
a guardian or conservator.

(b) The background study must include:

(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
history data held by the commissioner of human services, and data regarding whether the
person has been a perpetrator of substantiated maltreatment of a vulnerable adult or minor;

(2) criminal history data from deleted text begin the National Criminal Records Repository if the proposed
guardian or conservator has not resided in Minnesota for the previous ten years or if the
Bureau of Criminal Apprehension information received from the commissioner of human
services under subdivision 2, paragraph (b), indicates that the subject is a multistate offender
or that the individual's multistate offender status is undetermined deleted text end new text begin a national criminal history
record check as defined in section 245C.02, subdivision 13c new text end ; and

(3) state licensing agency data if a search of the database or databases of the agencies
listed in subdivision 2a shows that the proposed guardian or conservator has ever held a
professional license directly related to the responsibilities of a professional fiduciary from
an agency listed in subdivision 2a that was conditioned, suspended, revoked, or canceled.

(c) If the guardian or conservator is not an individual, the background study must be
done on all individuals currently employed by the proposed guardian or conservator who
will be responsible for exercising powers and duties under the guardianship or
conservatorship.

(d) If the court determines that it would be in the best interests of the ward or protected
person to appoint a guardian or conservator before the background study can be completed,
the court may make the appointment pending the results of the study, however, the
background study must then be completed as soon as reasonably possible after appointment,
no later than 30 days after appointment.

(e) new text begin The fee for background studies conducted under this section is specified in section
245C.10, subdivision 14. new text end The fee for conducting a background study for appointment of a
professional guardian or conservator must be paid by the guardian or conservator. In other
cases, the fee must be paid as follows:

(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes of
section 524.5-502, paragraph (a);

(2) if there is an estate of the ward or protected person, the fee must be paid from the
estate; or

(3) in the case of a guardianship or conservatorship of the person that is not proceeding
in forma pauperis, the court may order that the fee be paid by the guardian or conservator
or by the court.

(f) The requirements of this subdivision do not apply if the guardian or conservator is:

(1) a state agency or county;

(2) a parent or guardian of a proposed ward or protected person who has a developmental
disability, if the parent or guardian has raised the proposed ward or protected person in the
family home until the time the petition is filed, unless counsel appointed for the proposed
ward or protected person under section 524.5-205, paragraph (d); 524.5-304, paragraph (b);
524.5-405, paragraph (a); or 524.5-406, paragraph (b), recommends a background study;
or

(3) a bank with trust powers, bank and trust company, or trust company, organized under
the laws of any state or of the United States and which is regulated by the commissioner of
commerce or a federal regulator.

Subd. 2.

Procedure; criminal history and maltreatment records background
check.

(a) The court shall request the commissioner of human services to complete a
background study under section 245C.32. The request must be accompanied by the applicable
fee and deleted text begin the signed consent of the subject of the study authorizing the release of the data
obtained to the court. If the court is requesting a search of the National Criminal Records
Repository, the request must be accompanied by deleted text end new text begin acknowledgment that the study subject
received a privacy notice required under subdivision 3. The commissioner of human services
shall conduct a national criminal history record check. The study subject shall submit new text end a set
of classifiable fingerprints deleted text begin of the subject of the study deleted text end . The fingerprints must be recorded on
a fingerprint card provided by the commissioner of human services.

(b) The commissioner of human services shall provide the court with criminal history
data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department
of Public Safety, other criminal history data held by the commissioner of human services,
deleted text begin and deleted text end data regarding substantiated maltreatment of vulnerable adults under section 626.557
and substantiated maltreatment of minors under section 626.556 new text begin , and criminal history
information from other states or jurisdictions as indicated from a national criminal history
record check new text end within deleted text begin 15 deleted text end new text begin 20 new text end working days of receipt of a request. If the subject of the study
has been the perpetrator of substantiated maltreatment of a vulnerable adult or minor, the
response must include a copy of the public portion of the investigation memorandum under
section 626.557, subdivision 12b, or the public portion of the investigation memorandum
under section 626.556, subdivision 10f. deleted text begin If the court did not request a search of the National
Criminal Records Repository and information from the Bureau of Criminal Apprehension
indicates that the subject is a multistate offender or that multistate offender status is
undetermined, the response must include this information. The commissioner shall provide
the court with information from the National Criminal Records Repository within three
working days of the commissioner's receipt of the data deleted text end new text begin The commissioner shall provide the
court with information from a review of information according to subdivision 2a if the study
subject provided information indicating current or prior affiliation with a state licensing
agency new text end .

(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if
the commissioner of human services or a county lead agency or lead investigative agency
has information that a person on whom a background study was previously done under this
section has been determined to be a perpetrator of maltreatment of a vulnerable adult or
minor, the commissioner or the county may provide this information to the court that
requested the background study. The commissioner may also provide the court with additional
criminal history or substantiated maltreatment information that becomes available after the
background study is done.

Subd. 2a.

Procedure; state licensing agency data.

(a) The court shall request the
commissioner of human services to provide the court within 25 working days of receipt of
the request with licensing agency data for licenses directly related to the responsibilities of
a professional fiduciary new text begin if the study subject indicates current or prior affiliation new text end from the
following agencies in Minnesota:

(1) Lawyers Responsibility Board;

(2) State Board of Accountancy;

(3) Board of Social Work;

(4) Board of Psychology;

(5) Board of Nursing;

(6) Board of Medical Practice;

(7) Department of Education;

(8) Department of Commerce;

(9) Board of Chiropractic Examiners;

(10) Board of Dentistry;

(11) Board of Marriage and Family Therapy;

(12) Department of Human Services; deleted text begin and
deleted text end

(13) Peace Officer Standards and Training (POST) Board deleted text begin . deleted text end new text begin ; and
new text end

new text begin (14) Professional Educator Licensing and Standards Board.
new text end

(b) The commissioner shall enter into agreements with these agencies to provide deleted text begin for deleted text end new text begin the
commissioner with new text end electronic access to the relevant licensing data deleted text begin by the commissioner deleted text end new text begin ,
and to provide the commissioner with a quarterly list of new sanctions issued by the agency new text end .

(c) The commissioner shall provide to the court the electronically available data
maintained in the agency's database, including whether the proposed guardian or conservator
is or has been licensed by the agency, and if the licensing agency database indicates a
disciplinary action or a sanction against the individual's license, including a condition,
suspension, revocation, or cancellation.

(d) If the proposed guardian or conservator has resided in a state other than Minnesota
in the previous ten years, licensing agency data under this section shall also include the
licensing agency data from any other state where the proposed guardian or conservator
reported to have resided during the previous ten years new text begin if the study subject indicates current
or prior affiliation new text end . If the proposed guardian or conservator has or has had a professional
license in another state that is directly related to the responsibilities of a professional fiduciary
from one of the agencies listed under paragraph (a), state licensing agency data shall also
include data from the relevant licensing agency of that state.

(e) The commissioner is not required to repeat a search for Minnesota or out-of-state
licensing data on an individual if the commissioner has provided this information to the
court within the prior deleted text begin two deleted text end new text begin five new text end years.

(f) deleted text begin If an individual has continuously resided in Minnesota since a previous background
deleted text end deleted text begin study under this section was completed, the commissioner is not required to repeat a search
deleted text end deleted text begin for records in another state. deleted text end new text begin The commissioner shall review the information in paragraph
(c) at least once every four months to determine if an individual who has been studied within
the previous five years:
new text end

new text begin (1) has new disciplinary action or sanction against the individual's license; or
new text end

new text begin (2) did not disclose a prior or current affiliation with a Minnesota licensing agency.
new text end

new text begin (g) If the commissioner's review in paragraph (f) identifies new information, the
commissioner shall provide any new information to the court.
new text end

Subd. 3.

deleted text begin Form deleted text end new text begin Forms and systems new text end .

new text begin The court must provide the study subject with a
privacy notice that complies with section 245C.05, subdivision 2c. new text end The commissioner of
human services shall deleted text begin develop a form to be used for requesting deleted text end new text begin use the NETStudy 2.0 system
to conduct new text end a background study under this section deleted text begin , which must include: deleted text end new text begin .
new text end

deleted text begin (1) a notification to the subject of the study that the court will request the commissioner
to perform a background study under this section;
deleted text end

deleted text begin (2) a notification to the subject of the rights in subdivision 4; and
deleted text end

deleted text begin (3) a signed consent to conduct the background study.
deleted text end

Subd. 4.

Rights.

The court shall notify the subject of a background study that the subject
has the following rights:

(1) the right to be informed that the court will request a background study on the subject
for the purpose of determining whether the person's appointment or continued appointment
is in the best interests of the ward or protected person;

(2) the right to be informed of the results of the study and to obtain from the court a
copy of the results; and

(3) the right to challenge the accuracy and completeness of information contained in the
results under section 13.04, subdivision 4, except to the extent precluded by section 256.045,
subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021.
new text end

Sec. 16.

Laws 2016, chapter 189, article 15, section 29, is amended to read:

Sec. 29. DIRECTION TO COMMISSIONERS; INCOME AND ASSET EXCLUSION.

(a) The commissioner of human services shall not count payments made to families by
the income and child development in the first three years of life demonstration project as
income or assets for purposes of determining or redetermining eligibility for child care
assistance programs under Minnesota Statutes, chapter 119B; the Minnesota family
investment program, work benefit program, or diversionary work program under Minnesota
Statutes, chapter 256J, during the duration of the demonstration.

(b) The commissioner of human services shall not count payments made to families by
the income and child development in the first three years of life demonstration project as
income for purposes of determining or redetermining eligibility for medical assistance under
Minnesota Statutes, chapter 256B, and MinnesotaCare under Minnesota Statutes, chapter
256L.

(c) For the purposes of this section, "income and child development in the first three
years of life demonstration project" means a demonstration project funded by the United
States Department of Health and Human Services National Institutes of Health to evaluate
whether the unconditional cash payments have a causal effect on the cognitive,
socioemotional, and brain development of infants and toddlers.

(d) This section shall only be implemented if Minnesota is chosen as a site for the child
development in the first three years of life demonstration project, and expires January 1,
deleted text begin 2022 deleted text end new text begin 2026 new text end .

(e) The commissioner of human services shall provide a report to the chairs and ranking
minority members of the legislative committees having jurisdiction over human services
issues by January 1, deleted text begin 2023 deleted text end new text begin 2027 new text end , informing the legislature on the progress and outcomes of
the demonstration under this section.

Sec. 17.

Laws 2017, First Special Session chapter 6, article 7, section 33, subdivision 2,
is amended to read:

Subd. 2.

Pilot design and goals.

The pilot will establish deleted text begin five deleted text end key developmental milestone
markers from birth to age eight. deleted text begin Enrollees in the deleted text end Pilot new text begin program participants new text end will be
developmentally assessed and tracked by a technology solution that tracks developmental
milestones along the established developmental continuum. If a deleted text begin child's deleted text end new text begin pilot program
participant's new text end progress falls below established milestones deleted text begin and the weighted scoring deleted text end , the
coordinated service system will focus on identified areas of concern deleted text begin , mobilize appropriate
supportive services, deleted text end and offer new text begin referrals or new text end services to deleted text begin identified children and their families deleted text end new text begin
pilot program participants 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. 18.

Laws 2017, First Special Session chapter 6, article 7, section 33, subdivision 3,
is amended to read:

Subd. 3.

Program participants in deleted text begin phase 1 deleted text end target population.

Pilot program participants
must new text begin opt in and provide parental or guardian consent to participate and be enrolled or engaged
in one or more of the following new text end :

(1) deleted text begin be enrolled in deleted text end a Women's Infant & Children (WIC) program;

(2) deleted text begin be participating in deleted text end a family home visiting program deleted text begin , deleted text end or deleted text begin nurse family practice, or
Healthy Families America (HFA) deleted text end new text begin Follow Along Program new text end ;

(3) deleted text begin be children and families qualifying for and participating in early language learners
(ELL) in the school district in which they reside; and deleted text end new text begin a school's early childhood screening;
or
new text end

(4) deleted text begin opt in and provide parental consent to participate in the pilot project deleted text end new text begin any other Dakota
County or school program that is determined as useful for identifying children at risk of
falling below established guidelines 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. 19. new text begin DIRECTION TO COMMISSIONER; INITIAL FOSTER CARE PHONE
CALL TRAINING.
new text end

new text begin By August 1, 2020, the commissioner of human services shall issue written guidance to
county social services agencies, foster parents, and facilities to fully implement the initial
foster care phone call procedures in Minnesota Statutes, section 260C.219, subdivision 6.
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. 20. new text begin DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
UNIFORM FAMILY CHILD CARE VARIANCE APPLICATION FORM
DEVELOPED BY THE COMMISSIONER.
new text end

new text begin By October 1, 2020, the commissioner of human services, after consultation with county
licensors and family child care providers, including those serving on the Family Child Care
Task Force, shall issue to counties a uniform application form for family child care variance
requests. The commissioner shall also issue any necessary training or guidance for counties
to use the form.
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 THE COMMISSIONER; EVALUATION OF
CONTINUOUS LICENSES.
new text end

new text begin By January 1, 2021, the commissioner of human services shall consult with family child
care license holders and county agencies to determine whether family child care licenses
should automatically renew instead of requiring license holders to reapply for licensure. If
the commissioner determines that family child care licenses should automatically renew,
the commissioner must propose legislation for the 2021 legislative session to make the
required amendments to statute and administrative rules, as necessary.
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