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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 158-H.F.No. 1246 
                  An act relating to child care; requiring child care 
                  for school age children not operated by a school to be 
                  licensed; changing the definition of toddler and 
                  preschooler for family day care programs serving 
                  siblings; appropriating money; amending Minnesota 
                  Statutes 1994, sections 245A.02, by adding 
                  subdivisions; 245A.03, subdivision 2; 245A.10; and 
                  245A.14, subdivision 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 245A.02, is 
        amended by adding a subdivision to read: 
           Subd. 16.  [SCHOOL AGE CHILD.] "School age child" means a 
        child who is at least of sufficient age to have attended the 
        first day of kindergarten, or is eligible to enter kindergarten 
        within the next four months, but is younger than 13 years of age.
           Sec. 2.  Minnesota Statutes 1994, section 245A.02, is 
        amended by adding a subdivision to read: 
           Subd. 17.  [SCHOOL AGE CHILD CARE PROGRAM.] "School age 
        child care program" means a nonresidential program serving more 
        than ten children with the primary purpose of providing child 
        care for school age children.  School age child care program 
        does not include programs such as scouting, boys clubs, girls 
        clubs, nor sports or art programs. 
           Sec. 3.  Minnesota Statutes 1994, section 245A.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 
        245A.16 do not apply to: 
           (1) residential or nonresidential programs that are 
        provided to a person by an individual who is related unless the 
        residential program is a foster care placement made by a local 
        social services agency or a licensed child-placing agency, 
        except as provided in subdivision 2a; 
           (2) nonresidential programs that are provided by an 
        unrelated individual to persons from a single related family; 
           (3) residential or nonresidential programs that are 
        provided to adults who do not abuse chemicals or who do not have 
        a chemical dependency, a mental illness, mental retardation or a 
        related condition, a functional impairment, or a physical 
        handicap; 
           (4) sheltered workshops or work activity programs that are 
        certified by the commissioner of economic security; 
           (5) programs for children enrolled in kindergarten to the 
        12th grade and prekindergarten special education in a school as 
        defined in section 120.101, subdivision 4, and programs serving 
        children in combined special education and regular 
        prekindergarten programs that are operated or assisted by the 
        commissioner of education; 
           (6) nonresidential programs primarily for children that 
        provide care or supervision, without charge for ten or fewer 
        days a year, and for periods of less than three hours a day 
        while the child's parent or legal guardian is in the same 
        building as the nonresidential program or present within another 
        building that is directly contiguous to the building in which 
        the nonresidential program is located; 
           (7) nursing homes or hospitals licensed by the commissioner 
        of health except as specified under section 245A.02; 
           (8) board and lodge facilities licensed by the commissioner 
        of health that provide services for five or more persons whose 
        primary diagnosis is mental illness who have refused an 
        appropriate residential program offered by a county agency.  
        This exclusion expires on July 1, 1990; 
           (9) homes providing programs for persons placed there by a 
        licensed agency for legal adoption, unless the adoption is not 
        completed within two years; 
           (10) programs licensed by the commissioner of corrections; 
           (11) recreation programs for children or adults that 
        operate for fewer than 40 calendar days in a calendar year; 
           (12) programs operated by a school as defined in section 
        120.101, subdivision 4, whose primary purpose is to provide, for 
        adults or child care to school-age children, including children 
        who will be eligible to enter kindergarten within not more than 
        four months, social and recreational activities, such as 
        scouting, boys clubs, girls clubs, sports, or the arts; except 
        that a program operating in a school building is not excluded 
        unless it provided the program is approved by the district's 
        school board; 
           (13) head start nonresidential programs which operate for 
        less than 31 days in each calendar year; 
           (14) noncertified boarding care homes unless they provide 
        services for five or more persons whose primary diagnosis is 
        mental illness or mental retardation; 
           (15) nonresidential programs for nonhandicapped children 
        provided for a cumulative total of less than 30 days in any 
        12-month period; 
           (16) residential programs for persons with mental illness, 
        that are located in hospitals, until the commissioner adopts 
        appropriate rules; 
           (17) the religious instruction of school-age children; 
        Sabbath or Sunday schools; or the congregate care of children by 
        a church, congregation, or religious society during the period 
        used by the church, congregation, or religious society for its 
        regular worship; 
           (18) camps licensed by the commissioner of health under 
        Minnesota Rules, chapter 4630; 
           (19) mental health outpatient services for adults with 
        mental illness or children with emotional disturbance; 
           (20) residential programs serving school-age children whose 
        sole purpose is cultural or educational exchange, until the 
        commissioner adopts appropriate rules; 
           (21) unrelated individuals who provide out-of-home respite 
        care services to persons with mental retardation or related 
        conditions from a single related family for no more than 90 days 
        in a 12-month period and the respite care services are for the 
        temporary relief of the person's family or legal representative; 
           (22) respite care services provided as a home and 
        community-based service to a person with mental retardation or a 
        related condition, in the person's primary residence; 
           (23) community support services programs as defined in 
        section 245.462, subdivision 6, and family community support 
        services as defined in section 245.4871, subdivision 17; or 
           (24) the placement of a child by a birth parent or legal 
        guardian in a preadoptive home for purposes of adoption as 
        authorized by section 259.47. 
           For purposes of clause (6), a building is directly 
        contiguous to a building in which a nonresidential program is 
        located if it shares a common wall with the building in which 
        the nonresidential program is located or is attached to that 
        building by skyway, tunnel, atrium, or common roof. 
           Sec. 4.  Minnesota Statutes 1994, section 245A.10, is 
        amended to read: 
           245A.10 [FEES.] 
           The commissioner shall charge a fee for evaluation of 
        applications and inspection of programs, other than family day 
        care and foster care, which are licensed under sections 245A.01 
        to 245A.16.  The commissioner may charge a fee for the licensing 
        of school age child care programs, in an amount sufficient to 
        cover the cost to the state agency of processing the license. 
           Sec. 5.  Minnesota Statutes 1994, section 245A.14, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DROP-IN AND SCHOOL AGE CHILD CARE PROGRAMS.] (a) 
        Except as expressly set forth in this subdivision, drop-in and 
        school age child care programs must be licensed as a drop-in or 
        school age program under the rules governing child care programs 
        operated in a center.  
           (b) Drop-in and school age child care programs are exempt 
        from the following Minnesota Rules: 
           (1) part 9503.0040; 
           (2) part 9503.0045, subpart 1, items F and G; 
           (3) part 9503.0050, subpart 6, except for children less 
        than 2-1/2 years old; 
           (4) one-half the requirements of part 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); 
           (5) part 9503.0070; and 
           (6) part 9503.0090, subpart 2.  
           (c) A drop-in and school age child care program must be 
        operated under the supervision of a person qualified as a 
        director and a teacher.  
           (d) A drop-in and school age 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.  
           (e) Whenever the total number of children present to be 
        cared for at a drop-in child care center is more than 20, 
        children that are younger than age 2-1/2 must be in a separate 
        group.  This group may contain children up to 60 months old.  
        This group must be cared for in an area that is physically 
        separated from older children. 
           (f) 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.  A school age child care program 
        must maintain a minimum staff ratio of one staff person for 
        every 15 children. 
           (g) If the drop-in child care 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.  
           (h) In a drop-in child care program, 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.  
           (i) 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.  
           (j) The minimum staff distribution pattern for a drop-in 
        child care program serving children age 2-1/2 or greater and a 
        school age child care program serving school age children 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.  
           (k) A drop-in child care program may care for siblings 16 
        months or older together in any group.  For purposes of this 
        subdivision, sibling is defined as sister or brother, 
        half-sister or half-brother, or stepsister or stepbrother. 
           Sec. 6.  [FAMILY DAY CARE AGE RESTRICTIONS.] 
           (a) For purposes of Minnesota Rules, chapter 9502, 
        specifically for siblings to be in the same day care program, 
        the following terms are defined as follows: 
           (1) "preschooler" means a child at least 24 months of age 
        up to enrollment in the first day of school in the local school 
        district; and 
           (2) "toddler" means a child at least 12 months of age but 
        younger than 24 months of age. 
           (b) Until July 1, 1997, for purposes of reimbursement for 
        child care assistance, a licenseholder or legally unlicensed 
        provider shall be reimbursed at the toddler age category rate 
        for children between the ages of 24 and 30 months. 
           (c) The commissioner may grant variances to these age 
        restrictions using the standards in Minnesota Statutes, section 
        245A.04, subdivision 9. 
           Sec. 7.  [RECOMMENDATIONS ON REGULATING CHILD CARE 
        PROGRAMS.] 
           The commissioner of human services shall review and make 
        recommendations to the legislature regarding what programs 
        should be regulated that provide child care for children, and 
        the manner in which these programs should be regulated. 
           The commissioner shall submit the recommendations to the 
        chairs of the house health and human services committee and the 
        health and human services finance division, and of the senate 
        family services committee and the health care and family 
        services finance division. 
           Sec. 8.  [APPROPRIATION.] 
           $60,000 in fiscal year 1996 and $50,000 in fiscal year 1997 
        are appropriated from the general fund to the commissioner of 
        human services for the purposes of this act. 
           Presented to the governor May 10, 1995 
           Signed by the governor May 11, 1995, 9:45 a.m.