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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1991 

                        CHAPTER 142-H.F.No. 808 
           An act relating to child care; permitting variances 
          from certain staffing requirements for parent 
          cooperative programs; authorizing biennial licensing 
          reviews for family day care; amending Minnesota 
          Statutes 1990, sections 245A.02, by adding a 
          subdivision; 245A.14, subdivision 6; and 245A.16, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 245A.02, is 
amended by adding a subdivision to read: 
    Subd. 10a.  [PARENT COOPERATIVE.] "Parent cooperative" 
means a nonprofit group child care program that is governed by a 
board that meets regularly and makes all continuing operational 
decisions about the program.  At least 70 percent of the board 
membership must be parent-users of the program. 
    Sec. 2.  Minnesota Statutes 1990, section 245A.14, 
subdivision 6, is amended to read: 
    Subd. 6.  [DROP-IN CHILD CARE PROGRAMS.] Except as 
expressly set forth in this subdivision, drop-in child care 
programs must be licensed as a drop-in program under the rules 
governing child care programs operated in a center.  Drop-in 
child care programs are exempt from the requirements in 
Minnesota Rules, parts 9503.0040; 9503.0045, subpart 1, items F 
and G; 9503.0050, subpart 6, except for children less than 2-1/2 
years old; one-half the requirements of 9503.0060, subpart 4, 
item A, subitems (2), (5), and (8), subpart 5, item A, subitems 
(2), (3), and (7), and subpart 6, item A, subitems (3) and (6); 
9503.0070; and 9503.0090, subpart 2.  A drop-in child care 
program must be operated under the supervision of a person 
qualified as a director and a teacher.  A drop-in child care 
program must have at least two persons on staff whenever the 
program is operating, except that the commissioner may permit 
variances from this requirement under specified circumstances 
for parent cooperative programs, as long as all other 
staff-to-child ratios are met.  A drop-in child care program 
must maintain a minimum staff ratio for children age 2-1/2 or 
greater of one staff person for each ten children, except that 
there must be at least two persons on staff whenever the program 
is operating.  If the program has additional staff who are on 
call as a mandatory condition of their employment, the 
minimum child-to-staff ratio may be exceeded only for children 
age 2-1/2 or greater, by a maximum of four children, for no more 
than 20 minutes while additional staff are in transit.  The 
minimum staff-to-child ratio for infants up to 16 months of age 
is one staff person for every four infants.  The minimum 
staff-to-child ratio for children age 17 months to 30 months is 
one staff for every seven children.  In drop-in care programs 
that serve both infants and older children, children up to age 
2-1/2 may be supervised by assistant teachers, as long as other 
staff are present in appropriate ratios.  The minimum staff 
distribution pattern for a drop-in child care program serving 
children age 2-1/2 or greater is:  the first staff member must 
be a teacher; the second, third, and fourth staff members must 
have at least the qualifications of a child care aide; the fifth 
staff member must have at least the qualifications of an 
assistant teacher; the sixth, seventh, and eighth staff members 
must have at least the qualifications of a child care aide; and 
the ninth staff person must have at least the qualifications of 
an assistant teacher.  The commissioner by rule may require that 
a drop-in child care program serving children less than 2-1/2 
years of age serve these children in an area separated from 
older children and may permit children age 2-1/2 and older to be 
cared for in the same child care group. 
     Sec. 3.  Minnesota Statutes 1990, section 245A.16, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DELEGATION OF AUTHORITY TO AGENCIES.] (a) 
County agencies and private agencies that have been designated 
or licensed by the commissioner to perform licensing functions 
and activities under section 245A.04, to recommend denial of 
applicants under section 245A.05, to issue correction orders and 
recommend fines under section 245A.06, or to recommend 
suspending, revoking, and making licenses probationary under 
section 245A.07, shall comply with rules and directives of the 
commissioner governing those functions and with this section. 
    (b) By January 1, 1991, the commissioner shall study and 
make recommendations to the legislature regarding the licensing 
and provision of support services to child foster homes.  In 
developing the recommendations, the commissioner shall consult 
licensed private agencies, county agencies, and licensed foster 
home providers. 
    (c) For family day care programs, the commissioner may 
authorize licensing reviews every two years after a licensee has 
had at least one annual review. 
    Presented to the governor May 20, 1991 
    Signed by the governor May 22, 1991, 5:42 p.m.