SF 4070

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2020 09:22am

A bill for an act
relating to human services; modifying provisions regarding human services hearing
procedures, human services crimes, background studies, and requirements for
licensure; amending Minnesota Statutes 2018, sections 245A.02, subdivision 2c;
245A.50, as amended; 245H.08, subdivisions 4, 5; Minnesota Statutes 2019
Supplement, sections 245A.149; 245A.40, subdivision 7; repealing Minnesota
Statutes 2018, sections 245A.144; 245A.175; Minnesota Rules, parts 2960.3070;
2960.3210.

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

Section 1.

Minnesota Statutes 2018, section 245A.02, subdivision 2c, is amended to read:

Subd. 2c.

Annual or annually; family child care training requirements.

For the
purposes of deleted text begin section deleted text end new text begin sections new text end 245A.50 deleted text begin , subdivisions 1 to 9 deleted text end new text begin and 245A.53 new text end , "annual" or
"annually" means the 12-month period beginning on the license effective date or the annual
anniversary of the effective date and ending on the day prior to the annual anniversary of
the license effective date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 2.

Minnesota Statutes 2019 Supplement, section 245A.149, is amended to read:

245A.149 SUPERVISION OF FAMILY CHILD CARE LICENSE HOLDER'S
OWN CHILD.

(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, new text begin and with the license
holder's consent, new text end an individual may be present in the licensed space, may supervise the
family child care license holder's own child both inside and outside of the licensed space,
and is exempt from the training and supervision requirements of this chapter and Minnesota
Rules, chapter 9502, if the individual:

(1) is related to the license holder new text begin or to the license holder's child new text end , as defined in section
245A.02, subdivision 13 new text begin , or is a household member who the license holder has reported to
the county agency new text end ;

(2) is not a designated caregiver, helper, or substitute for the licensed program;

(3) is involved only in the care of the license holder's own child; and

(4) does not have direct, unsupervised contact with any nonrelative children receiving
services.

(b) If the individual in paragraph (a) is not a household member, the individual is also
exempt from background study requirements under chapter 245C.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 3.

Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 7, is amended
to read:

Subd. 7.

In-service.

(a) A license holder must ensure that the center director, staff
persons, substitutes, and unsupervised volunteers complete in-service training each calendar
year.

(b) The center director and staff persons who work more than 20 hours per week must
complete 24 hours of in-service training each calendar year. Staff persons who work 20
hours or less per week must complete 12 hours of in-service training each calendar year.
Substitutes and unsupervised volunteers must complete the requirements of paragraphs deleted text begin (e)
to (h) deleted text end new text begin (d) to (g) new text end and do not otherwise have a minimum number of hours of training to
complete.

(c) The number of in-service training hours may be prorated for individuals not employed
for an entire year.

(d) Each year, in-service training must include:

(1) the center's procedures for maintaining health and safety according to section 245A.41
and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according
to Minnesota Rules, part 9503.0110;

(2) the reporting responsibilities under section 626.556 and Minnesota Rules, part
9503.0130;

(3) at least one-half hour of training on the standards under section 245A.1435 and on
reducing the risk of sudden unexpected infant death as required under subdivision 5, if
applicable; and

(4) at least one-half hour of training on the risk of abusive head trauma from shaking
infants and young children as required under subdivision 5a, if applicable.

(e) Each year, or when a change is made, whichever is more frequent, in-service training
must be provided on: (1) the center's risk reduction plan under section 245A.66, subdivision
2; and (2) a child's individual child care program plan as required under Minnesota Rules,
part 9503.0065, subpart 3.

(f) At least once every two calendar years, the in-service training must include:

(1) child development and learning training under subdivision 2;

(2) pediatric first aid that meets the requirements of subdivision 3;

(3) pediatric cardiopulmonary resuscitation training that meets the requirements of
subdivision 4;

(4) cultural dynamics training to increase awareness of cultural differences; and

(5) disabilities training to increase awareness of differing abilities of children.

(g) At least once every five years, in-service training must include child passenger
restraint training that meets the requirements of subdivision 6, if applicable.

(h) The remaining hours of the in-service training requirement must be met by completing
training in the following content areas of the Minnesota Knowledge and Competency
Framework:

(1) Content area I: child development and learning;

(2) Content area II: developmentally appropriate learning experiences;

(3) Content area III: relationships with families;

(4) Content area IV: assessment, evaluation, and individualization;

(5) Content area V: historical and contemporary development of early childhood
education;

(6) Content area VI: professionalism;

(7) Content area VII: health, safety, and nutrition; and

(8) Content area VIII: application through clinical experiences.

(i) For purposes of this subdivision, the following terms have the meanings given them.

(1) "Child development and learning training" means training in understanding how
children develop physically, cognitively, emotionally, and socially and learn as part of the
children's family, culture, and community.

(2) "Developmentally appropriate learning experiences" means creating positive learning
experiences, promoting cognitive development, promoting social and emotional development,
promoting physical development, and promoting creative development.

(3) "Relationships with families" means training on building a positive, respectful
relationship with the child's family.

(4) "Assessment, evaluation, and individualization" means training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality.

(5) "Historical and contemporary development of early childhood education" means
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs.

(6) "Professionalism" means training in knowledge, skills, and abilities that promote
ongoing professional development.

(7) "Health, safety, and nutrition" means training in establishing health practices, ensuring
safety, and providing healthy nutrition.

(8) "Application through clinical experiences" means clinical experiences in which a
person applies effective teaching practices using a range of educational programming models.

(j) The license holder must ensure that documentation, as required in subdivision 10,
includes the number of total training hours required to be completed, name of the training,
the Minnesota Knowledge and Competency Framework content area, number of hours
completed, and the director's approval of the training.

(k) In-service training completed by a staff person that is not specific to that child care
center is transferable upon a staff person's change in employment to another child care
program.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2018, section 245A.50, as amended by Laws 2019, First Special
Session chapter 9, article 2, section 53, is amended to read:

245A.50 FAMILY CHILD CARE TRAINING REQUIREMENTS.

Subdivision 1.

Initial training.

(a) License holders, caregivers, deleted text begin and deleted text end substitutes new text begin , and
helpers new text end must comply with the training requirements in this section.

new text begin (b) The license holder, before initial licensure, and a caregiver, before caring for a child,
must complete:
new text end

new text begin (1) the six-hour Supervising for Safety for Family Child Care course that the
commissioner has developed;
new text end

new text begin (2) one of the following options, as required by subdivision 2:
new text end

new text begin (i) two hours in Knowledge and Competency Area I and two hours in Knowledge and
Competency Area II-C; or
new text end

new text begin (ii) four hours in Knowledge and Competency Area II-C; or
new text end

new text begin (iii) one four-hour course in both Knowledge and Competency Area I and Knowledge
and Competency Area II-C;
new text end

new text begin (3) pediatric first aid, as required by subdivision 3;
new text end

new text begin (4) pediatric cardiopulmonary resuscitation, as required by subdivision 4;
new text end

new text begin (5) training in reducing the risk of sudden unexpected infant death and abusive head
trauma, as required by subdivision 5, if applicable; and
new text end

new text begin (6) training in child passenger restraint systems, as required by subdivision 6, if
applicable.
new text end

new text begin (c) Before caring for a child, each substitute must complete:
new text end

new text begin (1) the four-hour Basics of Licensed Family Child Care for Substitutes course that the
commissioner has developed;
new text end

new text begin (2) pediatric first aid, as required by subdivision 3;
new text end

new text begin (3) pediatric cardiopulmonary resuscitation, as required by subdivision 4;
new text end

new text begin (4) training in reducing the risk of sudden unexpected infant death and abusive head
trauma, as required by subdivision 5, if applicable; and
new text end

new text begin (5) training in child passenger restraint systems, as required by subdivision 6, if
applicable.
new text end

new text begin (d) Each helper must complete:
new text end

new text begin (1) training in reducing the risk of sudden unexpected infant death and training in reducing
the risk of abusive head trauma, as required by subdivision 5, if applicable;
new text end

deleted text begin (b) Helpers who assist with care on a regular basis must complete deleted text end new text begin (2) new text end six hours of training
within one year after the date of initial employment deleted text begin . deleted text end new text begin , if the helper assists with care on a
regular basis; and
new text end

new text begin (3) training in child passenger restraint systems, as required by subdivision 6, if
applicable.
new text end

new text begin (e) Before caring for a child or assisting in the care of a child, the license holder must
train each caregiver, substitute, and helper about:
new text end

new text begin (1) the emergency preparedness plan as required under section 245A.51, subdivision 3,
paragraph (b);
new text end

new text begin (2) allergy prevention and response as required under section 245A.51, subdivision 1,
paragraph (b); and
new text end

new text begin (3) the program's policies and procedures as required under section 245A.04, subdivision
14.
new text end

deleted text begin (c) deleted text end new text begin (f) new text end Training requirements established under this section that must be completed prior
to initial licensure must be satisfied only by a newly licensed child care provider or by a
child care provider who has not held an active child care license in Minnesota in the previous
12 months. A child care provider who voluntarily cancels a license or allows the license to
lapse for a period of less than 12 months and who seeks reinstatement of the lapsed or
canceled license within 12 months of the lapse or cancellation must satisfy the annual,
ongoing training requirements, and is not required to satisfy the training requirements that
must be completed prior to initial licensure. A child care provider who relocates within the
state must (1) satisfy the annual, ongoing training requirements according to the schedules
established in this section and (2) not be required to satisfy the training requirements under
this section that the child care provider completed prior to initial licensure. If a licensed
provider moves to a new county, the new county is prohibited from requiring the provider
to complete any orientation class or training for new providers.

new text begin Subd. 1a. new text end

new text begin Definitions and general provisions. new text end

new text begin (a) For the purposes of this section, the
following terms have the meanings given:
new text end

new text begin (1) "Basics of Family Child Care for Substitutes" means a course that the commissioner
has developed that includes the following topics: preventing and controlling infectious
diseases; administering medication; preventing and responding to allergies; ensuring building
and physical premise safety; handling and storing biological contaminants; preventing and
reporting child abuse and maltreatment; emergency preparedness; and child development;
new text end

new text begin (2) "caregiver" means an adult other than the license holder who supervises children for
a cumulative total of more than 500 hours annually;
new text end

new text begin (3) "helper" means a minor, ages 13 to 17, who assists in caring for children; and
new text end

new text begin (4) "substitute" means an adult who assumes responsibility for a provider for a cumulative
total of not more than 500 hours annually.
new text end

new text begin (b) Notwithstanding other requirements of this section, courses within the identified
Knowledge and Competency Areas that are specific to child care centers or legal nonlicensed
providers do not fulfill the requirements of this section.
new text end

new text begin When the following training expires, it must be retaken no later than the day before the
anniversary of the license holder's license effective date:
new text end

new text begin (1) pediatric first aid;
new text end

new text begin (2) pediatric CPR;
new text end

new text begin (3) accommodating children with disabilities or cultural dynamics;
new text end

new text begin (4) Health and Safety I and Health and Safety II;
new text end

new text begin (5) child passenger restraint systems, if applicable; and
new text end

new text begin (6) Basics of Family Child Care for Substitutes.
new text end

Subd. 2.

Child development and learning and behavior guidance training.

(a) deleted text begin For
purposes of family and group family child care, deleted text end The license holder and each deleted text begin adult deleted text end caregiver
deleted text begin who provides care in the licensed setting for more than 30 days in any 12-month period deleted text end
shall complete deleted text begin and document deleted text end at least four hours of child deleted text begin growth deleted text end new text begin development new text end and learning
and behavior guidance training prior to initial licensure, and before caring for children. deleted text begin For
purposes of this subdivision, "child development and learning training" means training in
understanding how children develop physically, cognitively, emotionally, and socially and
learn as part of the children's family, culture, and community. "Behavior guidance training"
means training in the understanding of the functions of child behavior and strategies for
managing challenging situations. At least two hours of child development and learning or
behavior guidance training must be repeated annually. deleted text end Training curriculum shall be developed
or approved by the commissioner of human services.

(b) Notwithstanding new text begin initial child development training requirements in new text end paragraph (a),
individuals are exempt from this requirement if they:

(1) have taken a three-credit course on early childhood development within the past five
years;

(2) have received a baccalaureate or master's degree in early childhood education or
school-age child care within the past five years;

(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator,
a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special
education teacher, or an elementary teacher with a kindergarten endorsement; or

(4) have received a baccalaureate degree with a Montessori certificate within the past
five years.

new text begin (c) The license holder and each caregiver must complete at least two hours of child
development and learning training or behavior guidance training annually that may be
fulfilled by completing any course in Knowledge and Competency Area I: Child Development
and Learning or Knowledge and Competency Area II-C: Promoting Social and Emotional
Development. The commissioner shall develop or approve training curriculum.
new text end

new text begin (d) A three-credit course about early childhood development meets the requirements of
paragraph (c).
new text end

Subd. 3.

First aid.

(a) deleted text begin When children are present 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 home who has been trained in first aid. deleted text end new text begin The license holder must complete pediatric
first aid training before licensure. Each caregiver and substitute must complete pediatric
first aid training before caring for children. new text end 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 deleted text begin and deleted text end new text begin . new text end Persons qualified to provide first aid training include individuals approved
as first aid instructors. deleted text begin First aid training must be repeated every two years.
deleted text end

(b) deleted 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. deleted text end new text begin The license holder, each caregiver, and each substitute must
complete additional pediatric first aid training every two years.
new text end

(c) Video training reviewed and approved by the county licensing agency satisfies the
training requirement of this subdivision.

Subd. 4.

Cardiopulmonary resuscitation new text begin (CPR) new text end .

(a) deleted text begin When children are present in a
family child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at
least one caregiver must be present in the home who has been trained in cardiopulmonary
resuscitation (CPR), including CPR techniques for infants and children, 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 two years, and must be
documented in the caregiver's records. deleted text end new text begin The family child care license holder must complete
pediatric cardiopulmonary resuscitation (CPR) training prior to licensure. Caregivers and
substitutes must complete pediatric CPR training prior to caring for children. Training that
license holders, caregivers, or substitutes have completed during the previous two years
fulfills this requirement.
new text end

(b) deleted text begin 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. deleted text end new text begin The CPR training must be provided by an individual certified to
provide CPR instruction.
new text end

(c) deleted text begin Persons providing CPR training must use CPR training that has been developed deleted text end new text begin The
pediatric CPR training must new text end :

deleted text begin (1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or
deleted text end

deleted text begin (2) using nationally recognized, evidence-based guidelines for CPR training and
incorporates psychomotor skills to support the instruction.
deleted text end

new text begin (1) include CPR techniques for infants and children and the treatment of obstructed
airways;
new text end

new text begin (2) include instruction, hands-on practice, and an in-person observed skills assessment
under a CPR instructor's direct supervision; and
new text end

new text begin (3) be developed by the American Heart Association, the American Red Cross, or another
organization that uses nationally recognized, evidence-based guidelines for CPR.
new text end

new text begin (d) License holders, caregivers, and substitutes must complete pediatric CPR training
at least once every two years.
new text end

Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

(a)
new text begin Prior to caring for infants, the license holder must complete training about reducing the risk
of sudden unexpected infant death. new text end License holders must deleted text begin document deleted text end new text begin ensure new text end that before deleted text begin staff
persons, deleted text end caregivers, new text begin substitutes, new text end and helpers assist in the care of infants, they are instructed
on the standards in section 245A.1435 and receive training on reducing the risk of sudden
unexpected infant death.

new text begin (b) Prior to caring for infants and children under school age, the license holder must
complete training about reducing the risk of abusive head trauma. new text end In addition, license holders
must deleted text begin document deleted text end new text begin ensure new text end that before deleted text begin staff persons, deleted text end caregivers, new text begin substitutes, new text end and helpers assist
in the care of infants and children under school age, they receive training on reducing the
risk of abusive head trauma deleted text begin from shaking infants and young children. The training in this
subdivision may be provided as initial training under subdivision 1 or ongoing annual
training under subdivision 7 deleted text end .

deleted text begin (b) deleted text end new text begin (c) new text end Sudden unexpected infant death reduction training required under this subdivision
must, at a minimum, address the risk factors related to sudden unexpected infant death,
means of reducing the risk of sudden unexpected infant death in child care, and license
holder communication with parents regarding reducing the risk of sudden unexpected infant
death.

deleted text begin (c) deleted text end new text begin (d) new text end Abusive head trauma training required under this subdivision must, at a minimum,
address the risk factors related to shaking infants and young children, means of reducing
the risk of abusive head trauma in child care, and license holder communication with parents
regarding reducing the risk of abusive head trauma.

deleted text begin (d) deleted text end new text begin (e) new text end Training for family and group family child care providers must be developed by
the commissioner deleted text begin in conjunction with the Minnesota Sudden Infant Death Center deleted text end and
approved by the Minnesota Center for Professional Development. Sudden unexpected infant
death reduction training and abusive head trauma training may be provided in a single course
of no more than two hours in length.

deleted text begin (e) deleted text end new text begin (f) new text end Sudden unexpected infant death reduction training and abusive head trauma
training required under this subdivision must be completed in person or as allowed under
subdivision 10, clause (1) or (2), at least once every two years. On the years when the license
holder deleted text begin is deleted text end new text begin , caregiver, substitute, and helper are new text end not receiving training in person or as allowed
under subdivision 10, clause (1) or (2), the license holder new text begin , caregiver, substitute, and helper new text end
must receive sudden unexpected infant death reduction training and abusive head trauma
training through a video of no more than one hour in length. The video must be developed
or approved by the commissioner.

deleted text begin (f) deleted text end new text begin (g) new text end An individual who is related to the license holder new text begin or the license holder's child, new text end as
defined in section 245A.02, subdivision 13, and who is involved only in the care of the
license holder's own infant or child under school age and who is not designated to be a
caregiver, helper, or substitute, as defined in Minnesota Rules, part 9502.0315, for the
licensed program, is exempt from the sudden unexpected infant death and abusive head
trauma training.

Subd. 6.

Child passenger restraint systems; training requirement.

deleted text begin (a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.
deleted text end

deleted text begin (b) Family and group family child care programs licensed by the Department of Human
Services that serve a child or children under nine years of age must document training that
fulfills the requirements in this subdivision.
deleted text end

new text begin (a) new text end (1) deleted text begin Before deleted text end A license holder, deleted text begin staff person, caregiver, or helper transports deleted text end new text begin caregiver,
substitute, or helper may transport new text end a child or children deleted text begin under age nine deleted text end in a motor vehicle deleted text begin , deleted text end new text begin . new text end
The deleted text begin person placing the deleted text end new text begin license holder must ensure that any person who places a new text end child deleted text begin or
children deleted text end new text begin under age eight new text end in a passenger restraint deleted text begin must deleted text end new text begin has new text end satisfactorily deleted text begin complete deleted text end new text begin completed new text end
training on the proper use and installation of child restraint systems in motor vehicles.
Training completed under this subdivision may be used to meet initial training under
subdivision 1 or ongoing training under subdivision 7.

(2) Training required under this subdivision must be deleted text begin at least one hour in length, completed
at initial training, and deleted text end repeated at least once every five years.

new text begin (3) new text end At a minimum, the training must address the proper use of child restraint systems
based on the child's size, weight, and age, and the proper installation of a car seat or booster
seat in the motor vehicle used by the license holder to transport the child or children.

deleted text begin (3) deleted text end new text begin (4) new text end Training under this subdivision must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public Safety
website or by contacting the agency.

deleted text begin (c) deleted text end new text begin (b) new text end Child care providers that only transport school-age children as defined in section
245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.

Subd. 7.

new text begin Ongoing new text end training requirements for family and group family child care new text begin
license holders and caregivers new text end .

deleted text begin For purposes of family and group family child care, deleted text end new text begin (a) new text end
The license holder and each deleted text begin primary deleted text end caregiver must complete 16 hours of ongoing training
each year. deleted text begin For purposes of this subdivision, a primary caregiver is an adult caregiver who
provides services in the licensed setting for more than 30 days in any 12-month period.
Repeat of topical training requirements in subdivisions 2 to 8 shall count toward the annual
16-hour training requirement.
deleted text end

new text begin (b) The license holder and caregiver must annually complete ongoing training as follows:
new text end

new text begin (1) a two-hour course in child development and learning or behavior guidance, as required
by subdivision 2;
new text end

new text begin (2) a two-hour course in active supervision that the license holder and caregiver may
fulfill by any course in Knowledge and Competency Area VII-A: Establishing Healthy
Practices or Knowledge and Competency Area VII-B: Ensuring Safety; and
new text end

new text begin (3) ongoing training in reducing the risk of sudden unexpected infant death and abusive
head trauma, as required under subdivision 5, if applicable.
new text end

new text begin (c) At least once every two years, the license holder and caregiver must complete ongoing
training as follows:
new text end

new text begin (1) training in pediatric first aid, as required under subdivision 3;
new text end

new text begin (2) training in pediatric cardiopulmonary resuscitation, as required under subdivision 4;
and
new text end

new text begin (3) a two-hour course about accommodating children with disabilities or about cultural
dynamics that the license holder or caregiver may fulfill by completing any course in
Knowledge and Competency Area III: Relationships with Families.
new text end

new text begin (d) At least once every five years, the license holder and caregiver must complete ongoing
training as follows:
new text end

new text begin (1) two-hour courses: Health and Safety I and Health and Safety II; and
new text end

new text begin (2) ongoing training in child passenger restraint systems, as required under subdivision
6, if applicable.
new text end

new text begin (e) new text end Additional ongoing training subjects to meet the annual 16-hour training requirement
must be selected from deleted text begin the following areas deleted text end new text begin training in the following content areas of the
Minnesota Knowledge and Competency Framework new text end :

(1) new text begin Content area I: new text end child development and learning new text begin , including new text end training deleted text begin under subdivision
2, paragraph (a) deleted text end new text begin in understanding how a child develops physically, cognitively, emotionally,
and socially, and how a child learns as part of the child's family, culture, and community new text end ;

(2) new text begin Content area II: new text end developmentally appropriate learning experiences, including training
in creating positive learning experiences, promoting cognitive development, promoting
social and emotional development, promoting physical development, promoting creative
development; and behavior guidance;

(3) new text begin Content area III: new text end relationships with families, including training in building a positive,
respectful relationship with the child's family;

(4) new text begin Content area IV: new text end assessment, evaluation, and individualization, including training
in observing, recording, and assessing development; assessing and using information to
plan; and assessing and using information to enhance and maintain program quality;

(5) new text begin Content area V: new text end historical and contemporary development of early childhood
education, including training in past and current practices in early childhood education and
how current events and issues affect children, families, and programs;

(6) new text begin Content area VI: new text end professionalism, including training in knowledge, skills, and abilities
that promote ongoing professional development; and

(7) new text begin Content area VII: new text end health, safety, and nutrition, including training in establishing
healthy practices; ensuring safety; and providing healthy nutrition.

Subd. 8.

deleted text begin Other required deleted text end new text begin Ongoing new text end training requirements new text begin for substitutes and
helpers new text end .

deleted text begin (a) The training required of family and group family child care providers and staff
must include training in the cultural dynamics of early childhood development and child
care. The cultural dynamics and disabilities training and skills development of child care
providers must be designed to achieve outcomes for providers of child care that include,
but are not limited to:
deleted text end

deleted text begin (1) an understanding and support of the importance of culture and differences in ability
in children's identity development;
deleted text end

deleted text begin (2) understanding the importance of awareness of cultural differences and similarities
in working with children and their families;
deleted text end

deleted text begin (3) understanding and support of the needs of families and children with differences in
ability;
deleted text end

deleted text begin (4) developing skills to help children develop unbiased attitudes about cultural differences
and differences in ability;
deleted text end

deleted text begin (5) developing skills in culturally appropriate caregiving; and
deleted text end

deleted text begin (6) developing skills in appropriate caregiving for children of different abilities.
deleted text end

deleted text begin The commissioner shall approve the curriculum for cultural dynamics and disability
training.
deleted text end

deleted text begin (b) The provider must meet the training requirement in section 245A.14, subdivision
11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child care
or group family child care home to use the swimming pool located at the home.
deleted text end

new text begin (a) Each substitute must complete ongoing training adhering to the following schedule:
new text end

new text begin (1) annually: training in reducing the risk of sudden unexpected infant death and abusive
head trauma, as required under subdivision 5, if applicable;
new text end

new text begin (2) at least once every two years: training in pediatric first aid, as required under
subdivision 3, and training in pediatric cardiopulmonary resuscitation, as required under
subdivision 4;
new text end

new text begin (3) at least once every three years: the four-hour Basics of Licensed Family Child Care
for Substitutes course; and
new text end

new text begin (4) at least once every five years: training in child passenger restraint systems, as required
under subdivision 6, if applicable.
new text end

new text begin (b) Each helper must annually complete training in reducing the risk of sudden unexpected
infant death and abusive head trauma, as required under subdivision 5, if applicable.
new text end

deleted text begin Subd. 9. deleted text end

deleted text begin Supervising for safety; training requirement. deleted text end

deleted text begin (a) Before initial licensure and
before caring for a child, all family child care license holders and each adult caregiver who
provides care in the licensed family child care home for more than 30 days in any 12-month
period shall complete and document the completion of the six-hour Supervising for Safety
for Family Child Care course developed by the commissioner.
deleted text end

deleted text begin (b) The family child care license holder and each adult caregiver who provides care in
the licensed family child care home for more than 30 days in any 12-month period shall
complete and document:
deleted text end

deleted text begin (1) the annual completion of a two-hour active supervision course developed by the
commissioner; and
deleted text end

deleted text begin (2) the completion at least once every five years of the two-hour courses Health and
Safety I and Health and Safety II. A license holder's or adult caregiver's completion of either
training in a given year meets the annual active supervision training requirement in clause
(1).
deleted text end

Subd. 10.

Approved training.

County licensing staff must accept training approved by
the Minnesota Center for Professional Development, including:

(1) face-to-face or classroom training;

(2) online training; and

(3) relationship-based professional development, such as mentoring, coaching, and
consulting.

Subd. 11.

Provider training.

New and increased training requirements under this section
must not be imposed on providers until the commissioner establishes statewide accessibility
to the required provider training.

new text begin Subd. 12. new text end

new text begin Documentation. new text end

new text begin The license holder must document the date, title, and event
ID from Develop, if applicable, of a completed training required by this section for the
license holder and each caregiver, substitute, and helper.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2020.
new text end

Sec. 5.

Minnesota Statutes 2018, section 245H.08, subdivision 4, is amended to read:

Subd. 4.

Maximum group size.

(a) For a child six weeks old through 16 months old,
the maximum group size shall be no more than eight children.

(b) For a child 16 months old through 33 months old, the maximum group size shall be
no more than 14 children.

(c) For a child 33 months old through prekindergarten, a maximum group size shall be
no more than 20 children.

(d) For a child in kindergarten through 13 years old, a maximum group size shall be no
more than 30 children.

(e) The maximum group size applies at all times except during group activity coordination
time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and
special activity including a film, guest speaker, indoor large muscle activity, or holiday
program.

new text begin (f) Notwithstanding paragraph (d), a certified center may continue to serve a child older
than 13 years if one of the following conditions is true:
new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
new text end

new text begin (2) the certified center serves children in a middle-school-only program, defined as
grades 6 through 8.
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. 6.

Minnesota Statutes 2018, section 245H.08, subdivision 5, is amended to read:

Subd. 5.

Ratios.

(a) The minimally acceptable staff-to-child ratios are:

six weeks old through 16 months old	1:4
16 months old through 33 months old	1:7
33 months old through prekindergarten	1:10
kindergarten through 13 years old	1:15

(b) Kindergarten includes a child of sufficient age to have attended the first day of
kindergarten or who is eligible to enter kindergarten within the next four months.

(c) For mixed groups, the ratio for the age group of the youngest child applies.

new text begin (d) Notwithstanding paragraph (a), a certified center may continue to serve a child older
than 13 years if one of the following conditions is true:
new text end

new text begin (1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
new text end

new text begin (2) the certified center serves children in a middle-school-only program, defined as
grades 6 through 8.
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. 7. new text begin DIRECTION TO THE COMMISSIONER; EVALUATION OF
CONTINUOUS LICENSES.
new text end

new text begin By January 1, 2021, the commissioner of human services shall consult with family child
care license holders and county agencies to determine whether family child care licenses
should automatically renew instead of requiring license holders to reapply for licensure. If
the commissioner determines that family child care licenses should automatically renew,
the commissioner must propose legislation for the 2021 legislative session to make the
required amendments to statute and administrative rules, as necessary.
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. 8. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2018, sections 245A.144; and 245A.175, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2960.3070; and 2960.3210, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-7406

245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers that care for infants or children through five years of age must document that before staff persons and caregivers assist in the care of infants or children through five years of age, they are instructed on the standards in section 245A.1435 and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. This section does not apply to emergency relative placement under section 245A.035. The training on reducing the risk of sudden unexpected infant death and abusive head trauma may be provided as:

(1) orientation training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must be completed at least once every five years. At a minimum, the training must address the risk factors related to sudden unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma.

(c) Training for child foster care providers must be approved by the county or private licensing agency that is responsible for monitoring the child foster care provider under section 245A.16. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070.

245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settings, and all staff providing care in foster residence settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the foster family license holder and caregivers, and foster residence staff must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. Short-term substitute caregivers are exempt from these requirements. Training curriculum shall be approved by the commissioner of human services.

Repealed Minnesota Rule: 20-7406

2960.3070 FOSTER PARENT TRAINING.

Subpart 1.

Orientation.

A nonrelative foster parent must complete a minimum of six hours of orientation before admitting a foster child. Orientation is required for relative foster parents who will be licensed as a child's foster parents. Orientation for relatives must be completed within 30 days following the initial placement. The foster parent's orientation must include items A to E:

A.

emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of alarms and equipment;

B.

relevant laws and rules, including, but not limited to, chapter 9560; Minnesota Statutes, chapters 245A, 260, and 260C; and Minnesota Statutes, section 626.556; and legal issues and reporting requirements;

C.

cultural diversity, gender sensitivity, culturally specific services, cultural competence, and information about discrimination and racial bias issues to ensure that caregivers will be culturally competent to care for foster children according to Minnesota Statutes, section 260C.212, subdivision 11;

D.

information about the role and responsibilities of the foster parent in the development and implementation of the case plan and in court and administrative reviews of the child's placement; and

E.

requirements of the licensing agency.

Subp. 2.

In-service training.

Each foster parent must complete a minimum of 12 hours of training per year in one or more of the areas in this subpart or in other areas as agreed upon by the licensing agency and the foster parent. If the foster parent has not completed the required annual training at the time of relicensure and does not show good cause why the training was not completed, the foster parent may not accept new foster children until the training is completed. The nonexclusive list of topics in items A to Z provides examples of in-service training topics that could be useful to a foster parent:

A.

cultural competence and transcultural placements;

B.

adoption and permanency;

C.

crisis intervention, including suicide prevention;

D.

sexual offender behaviors;

E.

children's psychological, spiritual, cultural, sexual, emotional, intellectual, and social development;

F.

legal issues including liability;

G.

foster family relationships with placing agencies and other service providers;

H.

first aid and life-sustaining treatment such as cardiopulmonary resuscitation;

I.

preparing foster children for independent living;

J.

parenting children who suffered physical, emotional, or sexual abuse or domestic violence;

K.

chemical dependency, and signs or symptoms of alcohol and drug abuse;

L.

mental health and emotional disturbance issues;

M.

Americans with Disabilities Act and Individuals With Disabilities Education Act;

N.

caring for children with disabilities and disability-related issues regarding developmental disabilities, emotional and behavioral disorders, and specific learning disabilities;

O.

privacy issues of foster children;

P.

physical and nonphysical behavior guidance, crisis de-escalation, and discipline techniques, including how to handle aggression for specific age groups and specific issues such as developmental disabilities, chemical dependency, emotional disturbances, learning disabilities, and past abuse;

Q.

birth families and reunification;

R.

effects of foster care on foster families;

S.

home safety;

T.

emergency procedures;

U.

child and family wellness;

V.

sexual orientation;

W.

disability bias and discrimination;

X.

management of sexual perpetration, violence, bullying, and exploitative behaviors;

Y.

medical technology-dependent or medically fragile conditions; and

Z.

separation, loss, and attachment.

Subp. 3.

Medical equipment training.

Foster parents who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.

2960.3210 STAFF TRAINING REQUIREMENTS.

Subpart 1.

Orientation.

The license holder must ensure that all staff attend and successfully complete at least six hours of orientation training before having unsupervised contact with foster children. The number of hours of orientation training are not counted as part of the hours of annual training. Orientation training must include at least the topics in items A to F:

A.

emergency procedures, including evacuation routes, emergency telephone numbers, severe storm and tornado procedures, and location of facility alarms and equipment;

B.

relevant statutes and administrative rules and legal issues, including reporting requirements for abuse and neglect specified in Minnesota Statutes, sections 626.556 and 626.557, and other reporting requirements based on the ages of the children;

C.

cultural diversity and gender sensitivity, culturally specific services, and information about discrimination and racial bias issues to ensure that caregivers have cultural sensitivity and will be culturally competent to care for children according to Minnesota Statutes, section 260C.212, subdivision 11;

D.

general and special needs, including disability needs, of children and families served;

E.

operational policies and procedures of the license holder; and

F.

data practices regulations and issues.

Subp. 2.

Personnel training.

The license holder must provide training for staff that is modified annually to meet the current needs of individual staff persons. The license holder must develop an annual training plan for employees that addresses items A to C.

A.

Full-time and part-time direct care staff and volunteers must have sufficient training to accomplish their duties. To determine the type and amount of training an employee needs, the license holder must consider the foster care program's target population, services the program delivers, and outcomes expected from the services, as well as the employee's position description, tasks to be performed, and the performance indicators for the position. The license holder and staff who care for children who rely on medical equipment to sustain life or monitor a medical condition must meet the requirements of Minnesota Statutes, section 245A.155.

B.

Full-time staff who have direct contact with children must complete at least 18 hours of in-service training per year. One-half of the training must be skill development training. Other foster home staff and volunteers must complete in-service training requirements consistent with their duties.

C.

Part-time direct care staff must receive sufficient training to competently care for children. The amount of training must be provided at least at a ratio of one hour of training for each 60 hours worked, up to 18 hours of training per part-time employee per year.

Subp. 3.

Documentation of training.

The license holder must document the date and number of hours of orientation and in-service training completed by each staff person in each topic area and the name of the entity that provided the training.