Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 395-S.F.No. 1581 
           An act relating to human services; setting forth 
          legislative direction for child care services; 
          excluding certain programs from licensing 
          requirements; authorizing a study; ensuring safe, 
          affordable, quality child care; directing the 
          commissioner of human services to provide information 
          to providers and consumers of day care; suspending 
          administrative authority until further consideration 
          by the legislature; indemnifying counties; amending 
          Minnesota Statutes 1984, sections 245.791; 466.01, by 
          adding subdivisions; 466.03, by adding a subdivision; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 245 and 466. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 245.791, is 
amended to read: 
    245.791 [EXCLUSIONS.] 
    Sections 245.781 to 245.812 shall not apply to: 
    (1) Day care or residential care provided by a relative to 
related persons; 
    (2) Day care or residential care provided for a cumulative 
total of less than 30 days in any 12-month period; 
    (3) Day care provided for persons from a single unrelated 
family for any length of time; 
    (4) A home caring for a person placed there by a licensed 
agency for legal adoption, unless the adoption is not completed 
within two years after placement; 
     (5) A licensed hospital whose psychiatric or chemical 
dependency program is located within the hospital; 
     (6) A nursing home, hospital, or boarding care home, 
licensed by the state commissioner of health, except that an 
identifiable unit of such a facility which regularly provides 
care for more than five adults defined as persons in Minnesota 
Statutes, section 245.782, subdivision 2, who are not residents 
or patients of the nursing home, hospital, or boarding care 
home, must be licensed under sections 245.781 to 245.812; 
     (7) A day care or residential program serving any number of 
adults who are not defined as persons under Minnesota Statutes, 
section 245.782, subdivision 2; 
     (8) A sheltered workshop day program, certified by the 
state board of education; 
     (9) A work activity day program, certified by the state 
board of education; 
     (10) A work-wage home providing care for one nonrelated 
child who has reached his sixteenth birthday and who has been 
independently placed for purposes of education or employment; 
     (11) A school under the general supervision of the 
commissioner of education or a local education agency; 
     (12) A residential or day care facility under the direct 
control and supervision of a local education agency or a state 
agency other than the commissioner; 
     (13) Day care provided for periods of no more than three 
hours per day for any person while his relatives are in the same 
building, or can be present in the same building within 30 
minutes; 
    (14) Facilities which in the judgment of the commissioner 
of education are operated for the primary purpose of educating 
children shall be exempt from these rules and regulations except 
insofar as the regulations affect the health and safety of the 
children therein.  The classrooms shall meet the applicable 
standards of the commissioner of public safety and state 
commissioner of health; 
     (15) Programs not located in family or group family day 
care homes and whose primary purpose is to provide activities 
outside the regular school day for children age five and over. 
    Sec. 2.  [245.88] [CITATION.] 
    Sections 3 to 15 may be cited as the "child care services 
act."  The child care services act is to be read in conjunction 
with the public welfare licensing act and with sections 245.83 
to 245.87. 
    Sec. 3.  [245.881] [PURPOSE.] 
    The legislature recognizes that the availability of child 
care is essential to the welfare of the state.  Further, the 
legislature recognizes that the regulation of child care 
services affects the availability of child care.  It is the 
intent of the legislature that child care standards and 
regulatory methods facilitate the availability of safe, 
affordable, quality child care throughout the state. 
    Sec. 4.  [245.882] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 3 to 15. 
    Subd. 2.  [AGENCY.] "Agency" means the county social or 
human service agency governed by the board of county 
commissioners. 
    Subd. 3.  [APPLICANT.] "Applicant" means an applicant for 
licensure as a day care provider under Minnesota Rules, parts 
9545.0315 to 9545.0445. 
    Subd. 4.  [CHILD.] "Child" has the definition given in 
section 245.83, subdivision 3. 
    Subd. 5.  [CHILD CARE SERVICES.] "Child care services" has 
the definition given in section 245.83, subdivision 2. 
    Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
commissioner of human services. 
    Subd. 7.  [DAY CARE.] "Day care" means the care of a child 
outside the child's own home for gain or otherwise, on a regular 
basis, for any part of a 24-hour day. 
    Subd. 8.  [DAY CARE RULE.] "Day care rule" means any rule 
promulgated under section 245.802 to regulate day care as 
defined in this section. 
    Subd. 9.  [CONSUMER.] "Consumer" means a parent who places 
a child in day care. 
    Subd. 10.  [DEPARTMENT.] "Department" means the department 
of human services. 
    Subd. 11.  [PARENT.] "Parent" means a person who has the 
legal responsibility for a child such as the child's mother, 
father, or legally appointed guardian. 
    Subd. 12.  [PROVIDER.] "Provider" means the day care 
license holder and primary caregiver in a family or group family 
facility. 
    Sec. 5.  [245.883] [RULES.] 
    Rules for family day care and group family day care homes 
must be adopted in consultation with representatives of counties 
and with families who reflect the diversity of families who use 
day care, including families from urban, suburban, and rural 
communities, and with representatives of those who operate day 
care homes in urban, suburban, and rural communities.  In 
addition, the commissioner shall: 
    (1) summarize day care rules in language understandable to 
the general public and provide a copy of each rule and its 
summary to each agency and provider; 
    (2) develop and distribute to providers and applicants 
information, in language understandable to the general public, 
that: 
    (i) describes services offered to applicants by the 
department under section 245.783, subdivision 1; 
    (ii) summarizes procedures for appealing a denial, 
revocation, suspension, or nonrenewal of license as set forth in 
section 245.801 and in rules promulgated by the commissioner; 
    (iii) explains penalties for failure to license a day care 
facility or failure to take corrective action as set forth in 
section 245.803; and 
    (iv) explains the necessity of maintaining and providing 
access to records as set forth in section 245.804; 
    (3) provide an information service to consumers and 
providers that interprets day care rules; 
    (4) ensure that day care rules are interpreted uniformly 
throughout the state by providing information, training, and 
technical assistance to licensing agencies prior to implementing 
a day care rule or any revision to a day care rule, and by 
developing and implementing certification standards and 
reviewing annually each county agency for compliance with 
certification standards; and 
    (5) conduct a thorough review of the relevant professional 
literature, identify objectively validated predictors of service 
outcomes, and incorporate these predictors in rules adopted 
under this section, to the extent feasible and appropriate. 
    Sec. 6.  [245.884] [STANDARDS AND REGULATORY METHODS.] 
    In writing and enforcing day care rules, the commissioner 
shall identify, and when feasible and appropriate, incorporate 
objectively validated indicators of quality day care; methods 
for establishing child/staff ratios that take into consideration 
the age distribution of children in day care; and methods for 
establishing safety standards for day care facilities that take 
into consideration the findings of empirical studies of fire 
detection factors, fire spread factors, and evacuation of day 
care homes in case of fire.  The commissioner shall provide an 
information service that will interpret day care rules and 
provide assistance to consumers and providers.  To the extent 
feasible and appropriate, the commissioner shall identify and 
incorporate alternative methods of day care regulation that: 
    (1) increase the variety of day care available to consumers 
by expanding the types and categories of licensure, including 
the use of conditional and restricted licenses; 
    (2) establish a substantial compliance standard rather than 
a full or absolute compliance standard; 
    (3) include providers, consumers, advocacy groups, and 
experts in relevant professional fields in establishing weighted 
values that describe the relative importance of compliance with 
each provision of a day care rule; 
     (4) incorporate the use of national accreditation as a 
partial substitute for state licensing; 
    (5) when appropriate, incorporate performance standards in 
place of specification standards to allow flexibility in 
regulation; 
    (6) set minimum standards for safety, sanitation, and 
meeting the developmental needs of children; and 
    (7) use graded licenses as a means of informing consumers 
about the quality of day care delivered by a provider. 
    Sec. 7.  [REPORT.] 
    By January 1, 1987, the commissioner shall submit to the 
health and human services committees of the legislature a report 
on the activities and progress undertaken in implementing 
sections 5 and 6. 
    Sec. 8.  [ACTIONS SUSPENDED.] 
    Until July 1, 1987, the commissioner shall adopt no 
additional rules governing family day care and group family day 
care except those for which notice was published in the State 
Register on January 27, 1986. 
    Sec. 9.  [CONDITIONAL LICENSE.] 
    Until July 1, 1987, no provider or applicant is required to 
spend more than $100 to meet fire safety rules in excess of 
those required to meet Group "R" occupancies under the Uniform 
Building Code, chapter 12, as incorporated by reference in 
Minnesota Rules, part 1305.0100. 
    When the commissioner determines that an applicant or 
provider would be required to spend over $100 for physical 
changes to ensure fire safety, the commissioner may issue a 
conditional license when all of the following conditions have 
been met: 
    (a) The commissioner shall notify the provider or applicant 
in writing of the fire safety deficiencies. 
    (b) The commissioner shall notify the provider or applicant 
in writing of alternative compliance standards that would 
correct deficiencies, if available. 
    (c) The provider or applicant agrees in writing to notify 
each parent, on a form prescribed by the commissioner that 
requires the signature of the parent, of the fire safety 
deficiencies and the existence of the conditional license. 
    Sec. 10.  [245.885] [REGULATION BY LOCAL GOVERNMENT.] 
    The authority of local units of government to establish 
requirements for day care facilities is limited by Minnesota 
Statutes, section 299F.011, subdivision 4a, clauses (1) and (2). 
    Sec. 11.  [STUDY OF CHILD CARE.] 
    Subdivision 1.  [TASK FORCE.] The commissioner shall 
establish a task force under the auspices of the council on 
children, youth, and families to study child care services.  The 
task force must include elected representatives from rural and 
urban counties, the legislature, rural and urban providers and 
consumers, advocacy groups, and appropriate state agencies. 
    Subd. 2.  [FOCUS OF STUDY.] The task force shall consider 
at least the following matters related to day care: 
    (1) availability of liability insurance for providers; 
    (2) administration of the federal department of agriculture 
child care food program, including guidelines for administering 
the program in a manner that minimizes financial burdens on 
providers; 
    (3) identification of objectively validated indicators of 
quality day care; 
    (4) methods for establishing child/staff ratios that take 
into consideration the age distribution of children in day care; 
    (5) methods for establishing safety standards for day care 
facilities that consider the findings of empirical studies of 
fire detection factors, fire spread factors, and evacuation of 
day care homes in case of fire; and 
    (6) alternative methods of day care regulation that 
increase the variety of day care available to consumers and 
increase the types and categories of licensure, including 
conditional and restricted licenses. 
    Subd. 3.  [REPORT ON STUDY OF CHILD CARE.] By January 1, 
1987, the council on children, youth, and families shall submit 
to the health and human services committees of the legislature a 
report containing the findings and recommendations of the task 
force and proposals for legislative action.  To the extent 
possible, the task force shall use existing research and 
published information in conducting the study and compiling the 
report. 
    Subd. 4.  [ASSISTANCE TO THE TASK FORCE.] At the request of 
the council on children, youth, and families, state agencies and 
legislative research offices shall provide assistance to the 
task force. 
    Sec. 12.  Minnesota Statutes 1984, section 466.01, is 
amended by adding a subdivision to read: 
    Subd. 4.  For the purposes of sections 466.01 to 466.15, 
"day care facility" has the meaning given it in section 245.782, 
subdivision 5. 
    Sec. 13.  Minnesota Statutes 1984, section 466.01, is 
amended by adding a subdivision to read: 
    Subd. 5.  For the purposes of sections 466.01 to 466.15, 
"provider" has the meaning given it in section 4, subdivision 12.
    Sec. 14.  Minnesota Statutes 1984, section 466.03, is 
amended by adding a subdivision to read: 
    Subd. 6d.  [LICENSING OF PROVIDERS.] A claim against a 
municipality based on the failure of a provider to meet the 
standards needed for a license to operate a day care facility, 
as defined in section 245.782, subdivision 5, for children, 
unless the municipality had actual knowledge of a failure to 
meet licensing standards that resulted in a dangerous condition 
that foreseeably threatened the plaintiff. 
    Sec. 15.  [466.131] [INDEMNIFICATION BY STATE.] 
    Until July 1, 1987, a municipality is an employee of the 
state for purposes of the indemnification provisions of section 
3.736, subdivision 9, when the municipality is required by the 
public welfare licensing act and rules promulgated under it to 
inspect or investigate a provider.  After July 1, 1987, a 
municipality is an employee of the state for purposes of the 
indemnification provisions of section 3.736, subdivision 9, when 
the municipality is required by the public welfare licensing act 
and rules adopted under it to inspect or investigate a provider, 
and the municipality has been duly certified under standards for 
certification developed by the commissioner of human services. 
    Sec. 16.  [EFFECTIVE DATE.] 
    Sections 1 to 15 are effective the day following final 
enactment. 
    Sec. 17.  [SUNSET.] 
    The changes made in section 1 are repealed effective June 
30, 1987. 
    Approved March 21, 1986