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SF 2792

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to children; providing incentives to increase 
  1.3             child care services for children with disabilities; 
  1.4             appropriating money; amending Minnesota Statutes 1996, 
  1.5             sections 119B.13, subdivision 3; 119B.19, subdivision 
  1.6             4; and 120.1701, subdivision 5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 119B.13, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [PROVIDER RATE FOR CARE OF CHILDREN WITH 
  1.11  HANDICAPS OR SPECIAL NEEDS.] Counties shall reimburse providers 
  1.12  for the care of children with handicaps or special needs, at a 
  1.13  special rate to be set by the county for care of these children, 
  1.14  subject to the approval of the commissioner.  Counties may 
  1.15  approve rates above the 75th percentile for providers based on 
  1.16  the child's needs.  The commissioner may establish minimum 
  1.17  training standards for providers for whom a special rate is 
  1.18  approved. 
  1.19     Sec. 2.  Minnesota Statutes 1996, section 119B.19, 
  1.20  subdivision 4, is amended to read: 
  1.21     Subd. 4.  [GRANT REQUIREMENTS AND PRIORITY.] Priority for 
  1.22  awarding resource and referral grants shall be given in the 
  1.23  following order: 
  1.24     (1) start up resource and referral programs in areas of the 
  1.25  state where they do not exist; and 
  1.26     (2) improve resource and referral programs. 
  2.1      Resource and referral programs shall meet the following 
  2.2   requirements:  
  2.3      (a) Each program shall identify all existing child care 
  2.4   services through information provided by all relevant public and 
  2.5   private agencies in the areas of service, and shall develop a 
  2.6   resource file of the services which shall be maintained and 
  2.7   updated at least quarterly.  These services must include family 
  2.8   day care homes; public and private day care programs; full-time 
  2.9   and part-time programs; infant, preschool, and extended care 
  2.10  programs; and programs for school age children. 
  2.11     The resource file must include:  the type of program, hours 
  2.12  of program service, ages of children served, fees, location of 
  2.13  the program, eligibility requirements for enrollment, special 
  2.14  needs services, and transportation available to the program.  
  2.15  The file may also include program information and special 
  2.16  program features. 
  2.17     (b) Each resource and referral program shall establish a 
  2.18  referral process which responds to parental need for information 
  2.19  and which fully recognizes confidentiality rights of parents.  
  2.20  The referral process must afford parents maximum access to all 
  2.21  referral information.  This access must include telephone 
  2.22  referral available for no less than 20 hours per week. 
  2.23     Each child care resource and referral agency shall 
  2.24  publicize its services through popular media sources, agencies, 
  2.25  employers, and other appropriate methods. 
  2.26     (c) Each resource and referral program shall maintain 
  2.27  ongoing documentation of requests for service.  All child care 
  2.28  resource and referral agencies must maintain documentation of 
  2.29  the number of calls and contacts to the child care information 
  2.30  and referral agency or component.  A resource and referral 
  2.31  program shall collect and maintain the following information: 
  2.32     (1) ages of children served; 
  2.33     (2) time category of child care request for each child; 
  2.34     (3) special time category, such as nights, weekends, and 
  2.35  swing shift; and 
  2.36     (4) reason that the child care is needed. 
  3.1      (d) Each resource and referral program shall make available 
  3.2   the following information as an educational aid to parents: 
  3.3      (1) information on aspects of evaluating the quality and 
  3.4   suitability of child care services, including licensing 
  3.5   regulation, financial assistance available, child abuse 
  3.6   reporting procedures, appropriate child development information; 
  3.7      (2) information on available parent, early childhood, and 
  3.8   family education programs in the community. 
  3.9      (e) On or after one year of operation a resource and 
  3.10  referral program shall provide technical assistance to employers 
  3.11  and existing and potential providers of all types of child care 
  3.12  services.  This assistance shall include: 
  3.13     (1) information on all aspects of initiating new child care 
  3.14  services including licensing, zoning, program and budget 
  3.15  development, and assistance in finding information from other 
  3.16  sources; 
  3.17     (2) information and resources which help existing child 
  3.18  care providers to maximize their ability to serve the children 
  3.19  and parents of their community; 
  3.20     (3) dissemination of information on current public issues 
  3.21  affecting the local and state delivery of child care services; 
  3.22     (4) facilitation of communication between existing child 
  3.23  care providers and child-related services in the community 
  3.24  served; 
  3.25     (5) recruitment of licensed providers; and 
  3.26     (6) options, and the benefits available to employers 
  3.27  utilizing the various options, to expand child care services to 
  3.28  employees. 
  3.29     Services prescribed by this section must be designed to 
  3.30  maximize parental choice in the selection of child care and to 
  3.31  facilitate the maintenance and development of child care 
  3.32  services and resources. 
  3.33     (f) Child care resource and referral information must be 
  3.34  provided to all persons requesting services and to all types of 
  3.35  child care providers and employers. 
  3.36     (g) Each resource and referral program shall coordinate 
  4.1   early childhood training for child care providers in that 
  4.2   program's service delivery area.  The resource and referral 
  4.3   program shall convene an early childhood care and education 
  4.4   training advisory committee to assist in the following 
  4.5   activities: 
  4.6      (1) assess the early childhood care and education training 
  4.7   needs of child care center staff and family and group family 
  4.8   child care providers; 
  4.9      (2) coordinate existing early childhood care and education 
  4.10  training; 
  4.11     (3) develop new early childhood care and education training 
  4.12  opportunities; and 
  4.13     (4) publicize all early childhood training classes and 
  4.14  workshops to child care center staff and family and group family 
  4.15  child care providers in the service delivery area. 
  4.16     (h) Public or private entities may apply to the 
  4.17  commissioner for funding.  A local match of up to 25 percent is 
  4.18  required. 
  4.19     (i) Grants for special needs coordinators must be used by 
  4.20  the grantee for assessing the needs of children with 
  4.21  disabilities linking families with services, serving as an 
  4.22  advocate for a child or family to see that the child gets the 
  4.23  necessary services, providing direct services such as modeling 
  4.24  different interventions where necessary, and linking providers 
  4.25  to resources for information and assistance about caring for 
  4.26  children with disabilities. 
  4.27     (j) Grants to develop and provide resources and special 
  4.28  assistance to providers caring for children with disabilities 
  4.29  shall be used by the grantee to:  
  4.30     (1) fund trained personnel to offer advice and assistance 
  4.31  to providers on individual problems; 
  4.32     (2) pay for specialized staff such as behavioral 
  4.33  specialists or specialists in particular disabilities or health 
  4.34  care specialists; 
  4.35     (3) provide staff assistance to a provider; or 
  4.36     (4) provide specialized equipment or adaptations to a site 
  5.1   to accommodate a child with disabilities. 
  5.2      Sec. 3.  Minnesota Statutes 1996, section 120.1701, 
  5.3   subdivision 5, is amended to read: 
  5.4      Subd. 5.  [INTERAGENCY EARLY INTERVENTION COMMITTEES.] (a) 
  5.5   A school district, group of districts, or special education 
  5.6   cooperative, in cooperation with the health and human service 
  5.7   agencies located in the county or counties in which the district 
  5.8   or cooperative is located, shall establish an interagency early 
  5.9   intervention committee for children with disabilities under age 
  5.10  five and their families.  Committees shall include 
  5.11  representatives of local and regional health, education, and 
  5.12  county human service agencies; county boards; school boards; 
  5.13  early childhood family education programs; child care resource 
  5.14  and referral programs; child care providers; parents of young 
  5.15  children with disabilities under age 12; current service 
  5.16  providers; and may also include representatives from other 
  5.17  private or public agencies such as family service 
  5.18  collaboratives.  The committee shall elect a chair from among 
  5.19  its members and shall meet at least quarterly. 
  5.20     (b) The committee shall develop and implement interagency 
  5.21  policies and procedures concerning the following ongoing duties: 
  5.22     (1) develop public awareness systems designed to inform 
  5.23  potential recipient families of available programs and services; 
  5.24     (2) implement interagency child find systems designed to 
  5.25  actively seek out, identify, and refer infants and young 
  5.26  children with, or at risk of, disabilities and their families; 
  5.27     (3) establish and evaluate the identification, referral, 
  5.28  child and family assessment systems, procedural safeguard 
  5.29  process, and community learning systems to recommend, where 
  5.30  necessary, alterations and improvements; 
  5.31     (4) assure the development of individualized family service 
  5.32  plans for all eligible infants and toddlers with disabilities 
  5.33  from birth through age two, and their families, and individual 
  5.34  education plans and individual service plans when necessary to 
  5.35  appropriately serve children with disabilities, age three and 
  5.36  older, and their families and recommend assignment of financial 
  6.1   responsibilities to the appropriate agencies.  Agencies are 
  6.2   encouraged to develop individual family service plans for 
  6.3   children with disabilities, age three and older; 
  6.4      (5) implement a process for assuring that services involve 
  6.5   cooperating agencies at all steps leading to individualized 
  6.6   programs; 
  6.7      (6) facilitate the development of a transitional plan if a 
  6.8   service provider is not recommended to continue to provide 
  6.9   services; 
  6.10     (7) identify the current services and funding being 
  6.11  provided within the community for children with disabilities 
  6.12  under age five and their families; 
  6.13     (8) develop a plan for the allocation and expenditure of 
  6.14  additional state and federal early intervention funds under 
  6.15  United States Code, title 20, section 1471 et seq., (Part H, 
  6.16  Public Law Number 102-119) and United States Code, title 20, 
  6.17  section 631, et seq., (Chapter I, Public Law Number 89-313); and 
  6.18     (9) develop a policy that is consistent with section 13.05, 
  6.19  subdivision 9, and federal law to enable a member of an 
  6.20  interagency early intervention committee to allow another member 
  6.21  access to data classified as not public.; and 
  6.22     (10) identify the child care services available in the 
  6.23  community for children with disabilities and facilitate a 
  6.24  process for the integration and coordination of child care 
  6.25  services with other services provided to children with 
  6.26  disabilities. 
  6.27     (c) The local committee shall also: 
  6.28     (1) participate in needs assessments and program planning 
  6.29  activities conducted by local social service, health and 
  6.30  education agencies for young children with disabilities and 
  6.31  their families; 
  6.32     (2) review and comment on the early intervention section of 
  6.33  the total special education system for the district, the county 
  6.34  social service plan, the section or sections of the community 
  6.35  health services plan that address needs of and service 
  6.36  activities targeted to children with special health care needs, 
  7.1   and the section of the maternal and child health special project 
  7.2   grants that address needs of and service activities targeted to 
  7.3   children with chronic illness and disabilities; and 
  7.4      (3) prepare a yearly summary on the progress of the 
  7.5   community in serving young children with disabilities, and their 
  7.6   families, including the expenditure of funds, the identification 
  7.7   of unmet service needs identified on the individual family 
  7.8   services plan and other individualized plans, and local, state, 
  7.9   and federal policies impeding the implementation of this section.
  7.10     (d) The summary must be organized following a format 
  7.11  prescribed by the commissioner of the state lead agency and must 
  7.12  be submitted to each of the local agencies and to the state 
  7.13  interagency coordinating council by October 1 of each year. 
  7.14     The departments of children, families, and learning, 
  7.15  health, and human services must provide assistance to the local 
  7.16  agencies in developing cooperative plans for providing services. 
  7.17     Sec. 4.  [APPROPRIATION.] 
  7.18     $....... is appropriated to the department of children, 
  7.19  families, and learning for the grants to fund special needs 
  7.20  coordinators and to develop resources for providers caring for 
  7.21  children with disabilities.  Any funds appropriated under this 
  7.22  section are available until expended.