HF 2863

as introduced - 94th Legislature (2025 - 2026) Posted on 06/03/2025 10:21am

A bill for an act
relating to child care; correcting cross-references in the definition of child care
background study subject; amending Minnesota Statutes 2024, section 245C.02,
subdivision 6a.

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

Section 1.

Minnesota Statutes 2024, section 245C.02, subdivision 6a, is amended to read:

Subd. 6a.

Child care background study subject.

(a) "Child care background study
subject" means an individual who is affiliated with a licensed child care center, certified
license-exempt child care center, licensed family child care program, or legal nonlicensed
child care provider authorized under chapter 142E, and who is:

(1) employed by a child care provider for compensation;

(2) assisting in the care of a child for a child care provider;

(3) a person applying for licensure, certification, or enrollment;

(4) a controlling individual as defined in section 245A.02, subdivision 5a;

(5) an individual 13 years of age or older who lives in the household where the licensed
program will be provided and who is not receiving licensed services from the program;

(6) an individual ten to 12 years of age who lives in the household where the licensed
services will be provided when the commissioner has reasonable cause as defined in section
245C.02, subdivision 15;

(7) an individual who, without providing direct contact services at a licensed program,
certified program, or program authorized under chapter 142E, may have unsupervised access
to a child receiving services from a program when the commissioner has reasonable cause
as defined in section 245C.02, subdivision 15;

(8) a volunteer, contractor providing services for hire in the program, prospective
employee, or other individual who has unsupervised physical access to a child served by a
program and who is not under supervision by an individual listed in clause (1) or (5),
regardless of whether the individual provides program services; or

(9) an authorized agent in a license-exempt certified child care center as defined in
section 142C.01, subdivision 3.

(b) Notwithstanding paragraph (a), an individual who is providing services that are not
part of the child care program is not required to have a background study if:

(1) the child receiving services is signed out of the child care program for the duration
that the services are provided;

(2) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
142E has obtained advanced written permission from the parent authorizing the child to
receive the services, which is maintained in the child's record;

(3) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
deleted text begin 119B deleted text end new text begin 142E new text end maintains documentation on site that identifies the individual service provider
and the services being provided; and

(4) the licensed child care center, certified license-exempt child care center, licensed
family child care program, or legal nonlicensed child care provider authorized under chapter
deleted text begin 119B deleted text end new text begin 142E new text end ensures that the service provider does not have unsupervised access to a child
not receiving the provider's services.