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Minnesota Legislature

Office of the Revisor of Statutes

SF 2549

as introduced - 91st Legislature (2019 - 2020) Posted on 03/18/2019 02:05pm

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

Current Version - as introduced

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A bill for an act
relating to human services; establishing a child care advisory working group;
modifying child care assistance program requirements; providing directions to the
commissioner; requiring a report; amending Minnesota Statutes 2018, sections
119B.02, subdivision 3, by adding a subdivision; 119B.025, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 245A.

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

Section 1.

Minnesota Statutes 2018, section 119B.02, subdivision 3, is amended to read:


Subd. 3.

Supervision of countiesnew text begin and providersnew text end.

new text begin(a) new text endThe commissioner shall supervise
child care programs administered by the counties through standard-setting, technical
assistance to the counties, approval of county child care fund plans, and distribution of
public money for services. The commissioner shall provide training and other support
services to assist counties in planning for and implementing child care assistance programs.
The commissioner shall adopt rules under chapter 14 that establish minimum administrative
standards for the provision of child care services by county boards of commissioners.

new text begin (b) The commissioner shall:
new text end

new text begin (1) provide technical assistance and training to support child care providers to ensure
proper billing and attendance records are submitted for reimbursement under this chapter;
and
new text end

new text begin (2) ensure that the training and technical assistance provided to child care providers is
linguistically and culturally accessible.
new text end

Sec. 2.

Minnesota Statutes 2018, section 119B.02, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Child care capacity and attendance. new text end

new text begin By January 1, 2020, the commissioner
shall develop an electronic system for counties and providers to use to track the child care
provider's authorizations under this chapter to ensure that attendance reported for billing
purposes under this chapter does not exceed authorized care capacity.
new text end

Sec. 3.

Minnesota Statutes 2018, section 119B.025, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Information to applicants; child care fraud. new text end

new text begin At the time of initial application
and at redetermination the county must provide written notice to the applicant or participant
listing the activities that constitute child care fraud and the consequences of committing
child care fraud. An applicant or participant shall acknowledge receipt of the child care
fraud notice in writing.
new text end

Sec. 4.

new text begin [245A.154] CHILD CARE ADVISORY WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; Membership. new text end

new text begin (a) A working group to advise the
Department of Human Services on child care licensing policy is established.
new text end

new text begin (b) The working group shall include 19 members as follows:
new text end

new text begin (1) two members of the house of representatives, one member appointed by the speaker
of the house and one member appointed by the minority leader of the house of
representatives;
new text end

new text begin (2) two members of the senate, one member appointed by the senate majority leader and
one member appointed by the senate minority leader;
new text end

new text begin (3) the commissioner of human services or a designee;
new text end

new text begin (4) two representatives from county social services agencies, appointed by the governor;
new text end

new text begin (5) two parents, appointed by the governor, of children served in licensed child care
centers, one from within the seven-county metropolitan area as defined in section 473.121,
subdivision 2, and one from outside the seven-county metropolitan area;
new text end

new text begin (6) two parents, appointed by the governor, of children served in licensed family or
group family day care programs, one from within the seven-county metropolitan area as
defined in section 473.121, subdivision 2, and one from outside the seven-county
metropolitan area;
new text end

new text begin (7) two teachers, appointed by the governor, who are employed at licensed child care
centers, one from a center within the seven-county metropolitan area as defined in section
473.121, subdivision 2, and one from a center outside the seven-county metropolitan area;
new text end

new text begin (8) two caregivers, appointed by the governor, who are employed at licensed family or
group family day care programs, one from a program within the seven-county metropolitan
area as defined in section 473.121, subdivision 2, and one from a program outside the
seven-county metropolitan area;
new text end

new text begin (9) two licensed child care providers, appointed by the governor, one from a center
within the seven-county metropolitan area as defined in section 473.121, subdivision 2, and
one from a center outside the seven-county metropolitan area; and
new text end

new text begin (10) two licensed family or group family day care providers, appointed by the governor,
one from within the seven-county metropolitan area as defined in section 473.121, subdivision
2, and one from outside the seven-county metropolitan area.
new text end

new text begin (c) The appointing authorities under this subdivision shall, if possible, ensure that the
working group's membership reflects the diversity of the families participating in child care
assistance programs.
new text end

new text begin (d) The appointing authorities under this subdivision must complete their appointments
no later than July 1, 2019.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The working group must:
new text end

new text begin (1) make recommendations on improving child care licensing processes;
new text end

new text begin (2) assess the cost implications of current licensing standards and any proposed licensing
changes, and assess whether current child care assistance program reimbursement rates
adequately cover the costs of regulatory compliance;
new text end

new text begin (3) clarify teacher and caregiver qualifications under Minnesota Rules, chapters 9502
and 9503, including requirements related to transferable credits;
new text end

new text begin (4) conduct a survey of licensed child care providers about licensing requirements and
the licensing process;
new text end

new text begin (5) identify licensing requirements that have led to the closure of new child care programs
and recommend business development and technical assistance resources to promote provider
recruitment and retention; and
new text end

new text begin (6) consider creating specific licensing requirements for child care settings located in
rural Minnesota in order to address barriers to finding quality teachers and caregivers.
new text end

new text begin (b) The working group shall consult with stakeholders and the public as necessary as
the working group reviews and carries out the responsibilities listed under paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of human services or a designee shall convene
the first meeting of the working group no later than August 1, 2019. The commissioner or
a designee shall serve as the chair of the working group. Meetings of the working group are
open to the public and subject to the Minnesota Open Meeting Law under chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Compensation. new text end

new text begin Members of the working group shall receive compensation
according to section 15.059, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The Department of Human Services shall provide
administrative support for the working group and arrange for meeting space.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin No later than February 1, 2020, the working group shall provide
recommendations and proposed legislation related to child care licensing requirements and
processes, appeal rights and processes, teacher qualifications, and teacher licensing
requirements for rural Minnesota settings to the chairs and ranking minority members of
the legislative committees with jurisdiction over human services.
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 beginDIRECTION TO COMMISSIONER.
new text end

new text begin (a) The commissioner of human services shall:
new text end

new text begin (1) develop equity and implicit bias training for state and county child care licensors
and require all licensors to receive this training within 30 days of initial hiring and once
every two years thereafter. The training must be offered at no cost to the lead agencies or
licensors;
new text end

new text begin (2) actively recruit child care licensors to more accurately reflect the racial and ethnic
diversity of families participating in child care assistance programs;
new text end

new text begin (3) create an accountability process for child care providers to submit complaints about
a licensor;
new text end

new text begin (4) hire an equity coordinator to serve in the Office of Inspector General using existing
funds. The equity coordinator's responsibilities include:
new text end

new text begin (i) developing and maintaining the Office of Inspector General's internal equity initiatives
and community engagement strategies;
new text end

new text begin (ii) advising management and staff on developing an equitable and inclusive
organizational culture, and inclusive and culturally sensitive processes, policies, and practices;
new text end

new text begin (iii) conducting an annual audit to assess the success of efforts to improve equity and
inclusiveness across the department; and
new text end

new text begin (iv) working with other equity leaders within the department, including the community
relations director and the Office for Equity, Performance and Development; and
new text end

new text begin (5) reorganize the department to remove the licensing function from the Office of
Inspector General and move it to another division of the department.
new text end

new text begin (b) The commissioner shall report to the chairs and ranking minority members of the
legislative committees with jurisdiction over human services on the implementation of the
directions under paragraph (a) by January 1, 2020.
new text end