Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 1452

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 03/25/2019 04:31pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12
3.13 3.14 3.15 3.16
3.17

A bill for an act
relating to human services; creating the Office of Ombudsperson for Child Care
Providers; providing appointments; requiring reports; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 245A.

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

Section 1.

new text begin [245A.60] OMBUDSPERSON FOR CHILD CARE PROVIDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Appointment. new text end

new text begin The governor shall appoint an ombudsperson in the
classified service to assist child care providers, including family child care providers and
legal nonlicensed child care providers, with licensing, compliance, and other issues facing
child care providers. The ombudsperson must be selected without regard to the person's
political affiliation. The ombudsperson shall serve a term of two years and may be removed
prior to the end of the term for just cause.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The ombudsperson's duties shall include:
new text end

new text begin (1) addressing all areas of concern to child care providers related to the provision of
child care services, including licensing, correction orders, penalty assessments, complaint
investigations, and other interactions with agency staff;
new text end

new text begin (2) assisting providers with interactions with county licensors and with appealing
correction orders;
new text end

new text begin (3) providing recommendations for child care improvement or child care provider
education;
new text end

new text begin (4) operating a telephone line to answer questions and provide guidance to child care
providers; and
new text end

new text begin (5) assisting child care license applicants.
new text end

new text begin (b) The ombudsperson must report annually by December 31 to the commissioner and
the chairs and ranking minority members of the legislative committees with jurisdiction
over child care on the services provided by the ombudsperson to child care providers,
including the number, types, and locations of child care providers served, and the activities
of the ombudsperson to carry out the duties under this section. The commissioner shall
determine the form of the report and may specify additional reporting requirements.
new text end

new text begin Subd. 3. new text end

new text begin Staff. new text end

new text begin The ombudsperson may appoint and compensate out of available funds
a deputy, confidential secretary, and other employees in the unclassified service as authorized
by law. The ombudsperson and the full-time staff are members of the Minnesota State
Retirement Association. The ombudsperson may delegate to members of the staff any
authority or duties of the office except the duty to formally make recommendations to a
child care provider or reports to the commissioner or the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Access to records. new text end

new text begin (a) The ombudsperson or designee, excluding volunteers,
has access to data of a state agency necessary for the discharge of the ombudsperson's duties,
including records classified as confidential data on individuals or private data on individuals
under chapter 13 or any other law. The ombudsperson's data request must relate to a specific
case and is subject to section 13.03, subdivision 4. If the data concerns an individual, the
ombudsperson or designee shall first obtain the individual's consent. If the individual cannot
consent and has no legal guardian, then access to the data is authorized by this section.
new text end

new text begin (b) On a quarterly basis, each state agency responsible for licensing, regulating, and
enforcing state and federal laws and regulations concerning child care providers must provide
the ombudsperson copies of all correction orders, penalty assessments, and complaint
investigation reports for all child care providers.
new text end

new text begin Subd. 5. new text end

new text begin Independence of action. new text end

new text begin In carrying out the duties under this section, the
ombudsperson shall operate independently of the department and may provide testimony
or make periodic reports to the legislature to address areas of concern and advocate for child
care providers.
new text end

new text begin Subd. 6. new text end

new text begin Civil actions. new text end

new text begin The ombudsperson or designee is not civilly liable for any action
taken under this section if the action was taken in good faith, was within the scope of the
ombudsperson's authority, and did not constitute willful or reckless misconduct.
new text end

new text begin Subd. 7. new text end

new text begin Qualifications. new text end

new text begin The ombudsperson must be a person who has at least five years
of experience providing child care. The ombudsperson must be experienced in dealing with
governmental entities, interpretation of laws and regulations, investigations, record keeping,
report writing, public speaking, and management. A person is not eligible to serve as the
ombudsperson while holding public office and must not have been previously employed
by the Department of Human Services or as a county licensor.
new text end

new text begin Subd. 8. new text end

new text begin Office support. new text end

new text begin The commissioner shall provide the ombudsperson with the
necessary office space, supplies, equipment, and clerical support to effectively perform the
duties under this section.
new text end

new text begin Subd. 9. new text end

new text begin Posting. new text end

new text begin (a) The commissioner shall post on the department's website the address
and telephone number for the office of the ombudsperson. The commissioner shall provide
all child care providers with the address and telephone number of the office. Counties must
provide child care providers with the name, address, and telephone number of the office.
new text end

new text begin (b) The ombudsperson must approve all posting and notice required by the department
and counties under this subdivision.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin $78,000 in fiscal year 2020 and $82,000 in fiscal year 2021 are appropriated from the
general fund to the commissioner of human services for the ombudsperson for child care
providers under Minnesota Statutes, section 245A.60.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end