SF 3698

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/10/2020 08:28am

A bill for an act
relating to child care; establishing exemption from personal liability for family
day care inspectors; removing exception for counties to be liable for claims at
family day care where county had actual knowledge of risk that led to claims;
requiring counties to use uniform family child care variance application; directing
the commissioner of human services to issue a uniform variance application
developed by the Family Child Care Task Force for family day care providers;
amending Minnesota Statutes 2018, sections 245A.04, subdivision 9; 466.03,
subdivision 6d.

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

Section 1.

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 for variance
requests by family child care license holders.
new text end

Sec. 2.

Minnesota Statutes 2018, section 466.03, subdivision 6d, is amended to read:

Subd. 6d.

Licensing of providers.

A claim against a municipality based on the failure
of a provider to meet the standards needed for a license to operate a day care facility under
chapter 245A for children deleted text begin , unless the municipality had actual knowledge of a failure to meet
licensing standards that resulted in a dangerous condition that foreseeably threatened the
plaintiff deleted text end . A municipality shall be immune from liability for a claim arising out of a provider's
use of a swimming pool located at a family day care or group family day care home under
section 245A.14, subdivision deleted text begin 10 deleted text end new text begin 11 new text end deleted text begin , unless the municipality had actual knowledge of a
provider's failure to meet the licensing standards under section 245A.14, subdivision 10,
paragraph (a), clauses (1) to (3), that resulted in a dangerous condition that foreseeably
threatened the plaintiff deleted text end . new text begin An officer or employee of a municipality shall be immune from
liability for a claim based on the failure of a provider to meet the necessary standards for a
license to operate a day care facility for children under chapter 245A, unless the officer or
employee is found guilty of malfeasance in office, willful neglect of duty, or bad faith.
new text end

Sec. 3. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; UNIFORM
FAMILY CHILD CARE VARIANCE APPLICATION FORM.
new text end

new text begin By October 1, 2020, the commissioner of human services shall issue to counties the
uniform application form for family child care variance requests developed by the Family
Child Care Task Force. The commissioner shall also issue any necessary training or guidance
for counties to use the form. The Family Child Care Task Force shall develop the uniform
application form and provide the form to the commissioner no later than September 1, 2020.
new text end