SF 3310

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/20/2018 01:45pm

A bill for an act
relating to human services; modifying provisions relating to child care licensing;
amending Minnesota Statutes 2016, sections 245A.04, subdivision 9; 245A.14,
by adding a subdivision; 245A.152; 245A.16, subdivision 2.

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

Section 1.

Minnesota Statutes 2016, section 245A.04, subdivision 9, is amended to read:

Subd. 9.

Variances.

new text begin (a) new text end 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.

new text begin (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 end

Sec. 2.

Minnesota Statutes 2016, section 245A.14, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Specialized infant and toddler family child care. new text end

new text begin A group family day care
program licensed as a class D specialized infant and toddler group family day care under
Minnesota Rules, part 9502.0367, may operate as a class B specialized infant and toddler
family day care program on days when only one caregiver is present.
new text end

Sec. 3.

Minnesota Statutes 2016, section 245A.152, is amended to read:

245A.152 CHILD CARE LICENSE HOLDER INSURANCE.

(a) A license holder must provide a written notice to all parents or guardians of all
children to be accepted for care prior to admission stating whether the license holder has
liability insurance. This notice may be incorporated into and provided on the admission
form used by the license holder.

(b) If the license holder has liability insurance:

(1) the license holder shall inform parents in writing that a current certificate of coverage
for insurance is available for inspection to all parents or guardians of children receiving
services and to all parents seeking services from the family child care program;

(2) the notice must provide the parent or guardian with the date of expiration or next
renewal of the policy; and

(3) upon the expiration deleted text begin date deleted text end of the policy new text begin or a change in coverage new text end , the license holder
must provide a new written notice new text begin informing all parents or guardians of children receiving
services of the change and new text end indicating whether the insurance policy has lapsed deleted text begin or whether
the license holder has renewed the policy deleted text end .

deleted text begin If the policy was renewed, the license holder must provide the new expiration date of the
policy in writing to the parents or guardians.
deleted text end

new text begin If a license holder has a continuous insurance policy that renews each year, the license
holder may indicate the policy's renewal date in the initial written notice to parents and
guardians. This initial written notice shall remain valid and no further notices are required
until the insurance coverage changes or the policy lapses.
new text end

(c) If the license holder does not have liability insurance, the license holder must provide
an annual notice, on a form developed and made available by the commissioner, to the
parents or guardians of children in care indicating that the license holder does not carry
liability insurance.

(d) The license holder must notify all parents and guardians in writing immediately of
any change in insurance status.

(e) The license holder must make available upon request the certificate of liability
insurance to the parents of children in care, to the commissioner, and to county licensing
agents.

(f) The license holder must document, with the signature of the parent or guardian, that
the parent or guardian received the notices required by this section.

Sec. 4.

Minnesota Statutes 2016, section 245A.16, subdivision 2, is amended to read:

Subd. 2.

Investigations.

(a) The county or private agency shall conduct timely
investigations of allegations of maltreatment of children or adults in programs for which
the county or private agency is the commissioner's designated representative and record a
disposition of each complaint in accordance with applicable law or rule. The county or
private agency shall conduct similar investigations of allegations of violations of rules
governing licensure of the program.

(b) If an investigation conducted under paragraph (a) results in evidence that the
commissioner should deny an application or suspend, revoke, or make conditional a license,
the county or private agency shall make that recommendation to the commissioner within
ten working days. new text begin If the commissioner's determination differs from the county's
recommendation, the commissioner must, on the notice of the determination, provide the
applicant or license holder with the reasons for the deviation, with specificity and in clear
and plain language.
new text end

new text begin (c) If an investigation conducted under paragraph (a) does not result in evidence that
the commissioner should deny an application or suspend, revoke, or make a conditional
license, and the commissioner's determination differs from the county's determination, the
commissioner must, on the notice of the determination, provide the applicant or license
holder with the reasons for the deviation, with specificity and in clear and plain language.
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. 5. new text begin DIRECTION TO COMMISSIONER; CHILD CARE LICENSING REFORM.
new text end

new text begin (a) By December 31, 2018, the commissioner shall:
new text end

new text begin (1) make enhancements to the department's licensing information lookup Web site that
comply with federal requirements to make program-specific monitoring results available,
including the date of inspections, any violations noted, and how the violation was addressed
by the provider;
new text end

new text begin (2) provide each license holder with a printed copy of the posting guidelines for child
care licensing information; and
new text end

new text begin (3) convene regional meetings with license holders and county licensing agencies to
review the posting guidelines and the enhancements made to the department's licensing
Web site and obtain feedback and recommendations for future enhancements to ensure
accuracy and transparency for license holders and families using or seeking licensed child
care.
new text end

new text begin (b) In the 2019 report to the legislature on the status of child care required under
Minnesota Statutes, section 245A.153, the commissioner shall include the following:
new text end

new text begin (1) a description of the federal and state requirements and any guidelines established
for the posting of child care licensing information and monitoring results;
new text end

new text begin (2) a summary of how the department is engaging licensed child care providers, county
licensing agencies, and families seeking or using child care services to obtain feedback
about the posting guidelines on the department's Web site;
new text end

new text begin (3) a summary of the administrative reform and actions identified by licensed child care
providers through stakeholder meetings that could be implemented without statutory changes
that would reduce the regulatory and administrative burden to license holders;
new text end

new text begin (4) a description of administrative reforms and actions the department has taken in the
prior year or is in the process of implementing; and
new text end

new text begin (5) an evaluation of existing laws, models, and initiatives from other states that have
implemented child care licensing reforms to reduce barriers and unnecessary administrative
burdens for child care providers.
new text end