HF 656

as introduced - 94th Legislature (2025 - 2026) Posted on 03/11/2025 12:11pm

A bill for an act
relating to child care licensing; allowing variances to licensed capacity; amending
Minnesota Statutes 2024, section 142B.10, subdivision 16.

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

Section 1.

Minnesota Statutes 2024, section 142B.10, subdivision 16, is amended to read:

Subd. 16.

Variances.

(a) The commissioner may grant variances to rules that do not
affect the health or safety of persons in a licensed program if the following conditions are
met:

(1) the variance must be requested by an applicant or license holder on a form and in a
manner prescribed by the commissioner;

(2) the request for a variance must include the reasons that the applicant or license holder
cannot comply with a requirement as stated in the rule and the alternative equivalent measures
that the applicant or license holder will follow to comply with the intent of the rule; and

(3) the request must state the period of time for which the variance is requested.

The commissioner may grant a permanent variance when conditions under which the variance
is requested do not affect the health or safety of persons being served by the licensed program,
nor compromise the qualifications of staff to provide services. The permanent variance shall
expire as soon as the conditions that warranted the variance are modified in any way. Any
applicant or license holder must inform the commissioner of any changes or modifications
that have occurred in the conditions that warranted the permanent variance. Failure to advise
the commissioner shall result in revocation of the permanent variance and may be cause for
other sanctions under sections 142B.17 and 142B.18.

The commissioner's decision to grant or deny a variance request is final and not subject to
appeal under the provisions of chapter 14.

(b) The commissioner shall consider variances for child care center staff qualification
requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
the health and safety of children served by the center. A variance request must be submitted
to the commissioner in accordance with paragraph (a) and must include a plan for the staff
person to gain additional experience, education, or training, as requested by the commissioner.
When reviewing a variance request under this section, the commissioner shall consider the
staff person's level of professional development, including but not limited to steps completed
on the Minnesota career lattice.

new text begin (c) The commissioner shall consider a variance for a child care center's licensed capacity
limit if the center's indoor space is within 100 square feet of what would be required for
maximum enrollment in the center based on the center's number and qualifications of staff.
A variance request must be submitted to the commissioner in accordance with paragraph
(a).
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Counties shall use a uniform application form developed by the commissioner
for variance requests by family child care license holders.