SF 2883

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying child care licensing provisions; amending
Minnesota Statutes 2005 Supplement, section 245A.14, subdivisions 4, 12, 13.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 4,
is amended to read:

Subd. 4.

Special family day care homes.

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

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

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

(c) the license holder is a church or religious organization; deleted text begin or
deleted text end

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

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

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

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

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

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

new text begin (5) the program is in compliance with local zoning regulations;
new text end

new text begin (6) the program is in compliance with the applicable fire code as follows:
new text end

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

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

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

Sec. 2.

Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 12, is
amended to read:

Subd. 12.

First aid training requirements.

Notwithstanding Minnesota Rules, part
9503.0035, subpart 2, when children are present in a family child care home governed
by Minnesota Rules, parts 9502.0315 to 9502.0445, or a child care center governed by
Minnesota Rules, parts 9503.0005 to 9503.0170, at least one staff person must be present
in the center or home who has been trained in first aid. The first aid training must have
been provided by an individual approved to provide first aid instruction. First aid training
may be less than eight hours and persons qualified to provide first aid training shall include
individuals approved as first aid instructors. new text begin 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. Video training
reviewed and approved by the county licensing agency may be used to satisfy the family
child care training requirement of this subdivision.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 13, is
amended to read:

Subd. 13.

Cardiopulmonary resuscitation training.

(a) When children are present
in a child care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, or 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 center or home who has been trained
in cardiopulmonary resuscitation (CPR) and in the treatment of obstructed airways.
The CPR training must have been provided by an individual approved to provide CPR
instruction, must be repeated at least once every three years, and must be documented in
the staff person's records.

(b) Notwithstanding Minnesota Rules, part 9503.0035, subpart 3, item A,
cardiopulmonary resuscitation training may be provided for less than four hours.

(c) Notwithstanding Minnesota Rules, part 9503.0035, subpart 3, item C, persons
qualified to provide cardiopulmonary resuscitation training shall include individuals
approved as cardiopulmonary resuscitation instructors.

new text begin (d) 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.
new text end

new text begin (e) Video training reviewed and approved by the county licensing agency satisfies
the family child care training requirement of this subdivision.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

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