HF 1915

2nd Engrossment - 94th Legislature (2025 - 2026) Posted on 04/01/2025 12:46pm

A bill for an act
relating to child care; requiring child care centers to use video security cameras
to monitor infants and toddlers; appropriating money; amending Minnesota Statutes
2024, section 142D.23, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 142B.

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

Section 1.

new text begin [142B.68] VIDEO SECURITY CAMERAS IN CHILD CARE CENTERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Facility" means the indoor and outdoor space in which child care is provided that
is owned, leased, or operated by a licensed child care center.
new text end

new text begin (c) "Video security camera" means a video camera or other device that captures or
records video.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for video security cameras. new text end

new text begin (a) By January 1, 2026, a licensed
child care center must have video security cameras to monitor and record infants and toddlers
in public and shared areas of the facility as provided under this subdivision.
new text end

new text begin (b) A licensed child care center must have at least one video security camera in each
room designated for infants or toddlers. The camera must be positioned to provide maximum
visibility of the room. If one camera is not sufficient to view at least 80 percent of the square
footage of the room, the center must place an additional camera or cameras in the room to
achieve maximum visibility of the room.
new text end

new text begin (c) A licensed child care center must have a sufficient number of video security cameras
to provide visibility of all outdoor recreational equipment used by infants or toddlers and
at least 80 percent of the square footage of a fenced-in outdoor space used by infants or
toddlers.
new text end

new text begin (d) The video security cameras must:
new text end

new text begin (1) be turned on and recording at all times the licensed child care center is in operation;
new text end

new text begin (2) record and display the accurate date and time;
new text end

new text begin (3) have a display resolution of 720p or higher; and
new text end

new text begin (4) have a frames per second rate of 15 or higher.
new text end

new text begin Subd. 3. new text end

new text begin Retention and disposal of recordings; access to recordings. new text end

new text begin (a) A licensed
child care center must retain video security camera recordings required under this section
for 60 calendar days after the date of the recording. Except as provided under paragraphs
(b), (c), and (d), a licensed child care center must dispose of video security camera recordings
required under this section after 60 calendar days.
new text end

new text begin (b) A licensed child care center that receives notice from a law enforcement official of
a suspected crime committed against a child at the center may not dispose of any video
security camera recordings required under this section until the law enforcement investigation
of the suspected crime is complete.
new text end

new text begin (c) A licensed child care center must retain video security camera recordings related to
an incident that the center must report to the commissioner under Minnesota Rules, part
9503.0130, for six months from the date of the incident.
new text end

new text begin (d) A licensed child care center may retain video security camera recordings required
under this section to use for training center employees. Any recordings used for training
purposes must redact, as defined under section 13.825, subdivision 1, identifying information
on children shown or heard in the recording, unless a parent or legal guardian has provided
written consent providing that the center may use unredacted recordings of the parent's or
guardian's child.
new text end

new text begin (e) A licensed child care center must adhere to additional requirements issued by the
commissioner regarding the retention and disposal of video security camera recordings
required under this section.
new text end

new text begin (f) A licensed child care center must establish appropriate security safeguards for the
video security camera recordings required under this section, including procedures for
ensuring that the recordings are only accessible to persons whose work assignment reasonably
requires access to the recordings, and are only accessed by those persons for purposes
described in the procedure. All queries and responses, and all actions in which the recordings
are accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained
in the audit trail are subject to the same requirements as the underlying recording under this
section.
new text end

new text begin Subd. 4. new text end

new text begin Dissemination of recordings. new text end

new text begin (a) A licensed child care center may not sell,
share, transmit, or disseminate a video security camera recording required under this section
to any person except as authorized by this section.
new text end

new text begin (b) A child care center must disseminate a video security camera recording required
under this section pursuant to a valid court order, search warrant, or subpoena in a civil,
criminal, or administrative proceeding, including an investigation by the commissioner.
new text end

new text begin (c) A licensed child care center must establish a process by which a parent or legal
guardian may review, but not obtain a copy of, a video security camera recording required
under this section if the parent or guardian provides:
new text end

new text begin (1) documentation of visible marks on a child, such as bruises or swelling that has
persisted for more than 24 hours, or a child's physical impediment, such as a limp that was
not previously present; or
new text end

new text begin (2) documentation from a physician of a child's physical injury.
new text end

new text begin (d) An employee of a licensed child care center who is the subject of proposed disciplinary
action by the center based upon evidence obtained by a video security camera must be given
access to that evidence for purposes of defending against the proposed action. An employee
who obtains a recording or a copy of the recording must treat the recording or copy
confidentially and must not further disseminate it to any other person except as required
under law. The employee must not keep the recording or copy or a portion of the recording
or copy after it is no longer needed for purposes of defending against a proposed action.
new text end

new text begin Subd. 5. new text end

new text begin Hold harmless. new text end

new text begin (a) The commissioner may not issue a fix-it ticket, correction
order, or order of conditional license against a child care center license holder for a licensing
violation that does not imminently endanger the health or safety of the children served by
the center, if the only source of evidence for the violation is video security camera recordings
reviewed as part of an investigation under subdivision 4, paragraph (b). This paragraph
expires upon implementation of the child care weighted risk system under section 142B.171.
The commissioner shall notify the revisor of statutes when the system has been implemented.
new text end

new text begin (b) Upon implementation of the child care weighted risk system under section 142B.171,
the commissioner may not take a licensing action against a child care center license holder
for a violation that counts as 6.5 or below for a child care center in the weighted risk system,
if the only source of evidence for the violation is video security camera recordings reviewed
as part of an investigation under subdivision 4, paragraph (b).
new text end

new text begin Subd. 6. new text end

new text begin Written policy required. new text end

new text begin A licensed child care center must have a written
policy on the center's use of video security cameras that includes the following:
new text end

new text begin (1) the days and times the video security cameras in the facility are in use;
new text end

new text begin (2) the locations of all areas monitored by video security cameras in the facility;
new text end

new text begin (3) the center's retention and disposal policies and procedures for the video security
camera recordings required under this section;
new text end

new text begin (4) the center's policies governing access to the video security camera recordings required
under this section; and
new text end

new text begin (5) the center's security safeguards and procedures regarding employee access to the
recordings.
new text end

new text begin Subd. 7. new text end

new text begin Notices. new text end

new text begin (a) A licensed child care center must notify all parents and legal
guardians who apply to enroll or enroll a child in the center about the use of video security
cameras in the facility. At the time of a child's enrollment, the center must provide parents
and legal guardians with the video security camera policy required under subdivision 6.
new text end

new text begin (b) A licensed child care center must post a sign at each facility entrance accessible to
visitors that states: "Video security cameras are present to record persons and activities."
new text end

new text begin Subd. 8. new text end

new text begin Data practices. new text end

new text begin Video footage collected or maintained by the commissioner
under this section is classified as welfare data under section 13.46.
new text end

new text begin Subd. 9. new text end

new text begin Annual audit. new text end

new text begin The commissioner must conduct, as part of the annual licensing
inspection required under this chapter, an audit to determine whether the center's use of
video security cameras complies with the requirements of this section, including but not
limited to all requirements in subdivision 3.
new text end

Sec. 2.

Minnesota Statutes 2024, section 142D.23, subdivision 3, is amended to read:

Subd. 3.

Eligible uses of money.

Grantees must use money received under this section,
either directly or through grants to eligible child care providers, for one or more of the
following purposes:

(1) the purchase of computers or mobile devices for use in business management;

(2) access to the Internet through the provision of necessary hardware such as routers
or modems or by covering the costs of monthly fees for Internet access;

(3) covering the costs of subscription to child care management software;

(4) covering the costs of training in the use of technology for business management
purposes; deleted text begin or
deleted text end

new text begin (5) covering the costs of video security cameras and related training required for licensed
child care centers under section 142B.68; or
new text end

deleted text begin (5) deleted text end new text begin (6) new text end other services as determined by the commissioner.

Sec. 3. new text begin APPROPRIATION; CHILD CARE PROVIDER ACCESS TO
TECHNOLOGY GRANTS.
new text end

new text begin $250,000 in fiscal year 2026 and $250,000 in fiscal year 2027 are appropriated from the
general fund to the commissioner of children, youth, and families for the child care provider
access to technology grants program under Minnesota Statutes, section 142D.23, subdivision
3, clause (5). The base for this appropriation is $250,000 in fiscal year 2028 and beyond.
Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for
administrative costs under this paragraph is $0.
new text end