SF 3107

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

  1.1                          A bill for an act
  1.2             relating to human services; legal nonlicensed family 
  1.3             child care; requiring minimal safety standards if 
  1.4             public child care funds are received; proposing coding 
  1.5             for new law in Minnesota Statutes, chapter 245A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [245A.031] [LEGAL NONLICENSED CHILD CARE; 
  1.8   REQUIREMENTS IF RECEIVING PUBLIC CHILD CARE FUNDS.] 
  1.9      Subdivision 1.  [MINIMAL SAFETY STANDARDS REQUIRED.] 
  1.10  Notwithstanding contrary provisions of chapter 119B, financial 
  1.11  assistance through the child care fund under chapter 119B may 
  1.12  only be paid for child care provided by a person who is exempt 
  1.13  from licensure under section 245A.03, subdivision 2, clauses (1) 
  1.14  or (2), or under Laws 1997, chapter 248, section 46, as amended 
  1.15  by Laws 1997, First Special Session chapter 5, section 10, when 
  1.16  the person meets the following conditions: 
  1.17     (1) the person's home must be equipped with a working smoke 
  1.18  detection system; 
  1.19     (2) a background study under section 245A.04, subdivision 
  1.20  3, must be conducted on all persons over the age of 13 living in 
  1.21  the household where the unlicensed care is provided; and 
  1.22     (3) the person must keep immunization records, as specified 
  1.23  in Minnesota Rules, part 9502.0405, subpart 4, item C, on each 
  1.24  child who regularly receives child care services in the home. 
  1.25     Subd. 2.  [CHILD CARE FUND ASSISTANCE PROHIBITED.] If a 
  2.1   person providing unlicensed child care under section 245A.03, 
  2.2   subdivision 2, clause (1) or (2), or under Laws 1997, chapter 
  2.3   248, section 46, as amended by Laws 1997, First Special Session 
  2.4   chapter 5, section 10, does not meet the conditions in 
  2.5   subdivision 1, clauses (1) or (3), or if a background study 
  2.6   conducted under subdivision 1, clause (2), indicates that a 
  2.7   subject would be disqualified from direct contact with children 
  2.8   served by the person if the person was applying to be a licensed 
  2.9   family day care or group family day care provider: 
  2.10     (1) the provisions of Laws 1997, chapter 248, section 46, 
  2.11  as amended by Laws 1997, First Special Session chapter 5, 
  2.12  section 10, shall not apply to the person; and 
  2.13     (2) no financial assistance paid through the child care 
  2.14  fund under chapter 119B shall be paid for any child care 
  2.15  services provided by the person, regardless of whether the 
  2.16  person is registered with the county as a legal nonlicensed 
  2.17  child care provider. 
  2.18     Sec. 2.  [EFFECTIVE DATE.] 
  2.19     Section 1 is effective the day following final enactment.