Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 279-S.F.No. 2419 
                  An act relating to human services; defining certain 
                  terms; changing a calculation; clarifying the use of 
                  portable wading pools at family day care settings; 
                  amending Minnesota Statutes 2000, sections 119B.011, 
                  subdivision 7, by adding a subdivision; 119B.061, 
                  subdivision 1; 144.1222, by adding a subdivision; 
                  245A.14, by adding a subdivision; Minnesota Statutes 
                  2001 Supplement, section 119B.061, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 119B.011, 
        subdivision 7, is amended to read: 
           Subd. 7.  [CHILD CARE SERVICES.] "Child care services" 
        means the provision of child care provided in family day care 
        homes, group day care homes, nursery schools, day nurseries, 
        child day care centers, head start, and extended day school age 
        child care programs in or out of the child's home as defined in 
        subdivision 5. 
           Sec. 2.  Minnesota Statutes 2000, section 119B.011, is 
        amended by adding a subdivision to read: 
           Subd. 22.  [SERVICE PERIOD.] "Service period" means the 
        biweekly period used by the child care assistance program for 
        billing and payment purposes. 
           Sec. 3.  Minnesota Statutes 2000, section 119B.061, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] A family in which a parent 
        provides care for the family's infant child may receive a 
        subsidy in lieu of assistance if the family is eligible for, or 
        is receiving assistance under the basic sliding fee program.  An 
        eligible family must meet the eligibility factors under section 
        119B.09, except as provided in subdivision 4, the income 
        criteria under section 119B.12, and the requirements of this 
        section.  Subject to federal match and maintenance of effort 
        requirements for the child care and development fund, the 
        commissioner shall establish a pool of up to seven percent of 
        the annual appropriation for the basic sliding fee program to 
        provide assistance under the at-home infant child care program.  
        At the end of a fiscal year, the commissioner may carry forward 
        any unspent funds under this section to the next fiscal year 
        within the same biennium for assistance under the basic sliding 
        fee program. 
           Sec. 4.  Minnesota Statutes 2001 Supplement, section 
        119B.061, subdivision 4, is amended to read: 
           Subd. 4.  [ASSISTANCE.] (a) A family is limited to a 
        lifetime total of 12 months of assistance under subdivision 2.  
        The maximum rate of assistance is equal to 90 percent of the 
        rate established under section 119B.13 for care of infants in 
        licensed family child care in the applicant's county of 
        residence.  Assistance must be calculated to reflect the parent 
        fee requirement under section 119B.12 for the family's actual 
        income level and family size while the family is participating 
        in the at-home infant child care program under this section For 
        purposes of this section, the annual income of the applicant 
        family must be based on an annualization of the income received 
        only during the period in which the family is participating in 
        the at-home infant care program. 
           (b) A participating family must report income and other 
        family changes as specified in the county's plan under section 
        119B.08, subdivision 3.  
           (c) Persons who are admitted to the at-home infant care 
        program retain their position in any basic sliding fee program 
        or on any waiting list attained at the time of admittance.  If 
        they are on the waiting list, they must advance as if they had 
        not been admitted to the program.  Persons leaving the at-home 
        infant care program re-enter the basic sliding fee program at 
        the position they would have occupied or the waiting list at the 
        position to which they would have advanced.  Persons who would 
        have attained eligibility for the basic sliding fee program must 
        be given assistance or advance to the top of the waiting list 
        when they leave the at-home infant care program.  Persons 
        admitted to the at-home infant care program who are not on a 
        basic sliding fee waiting list may apply to the basic sliding 
        fee program, and if eligible, be placed on the waiting list. 
           (d) The time that a family receives assistance under this 
        section must be deducted from the one-year exemption from work 
        requirements under the MFIP program. 
           (e) Assistance under this section does not establish an 
        employer-employee relationship between any member of the 
        assisted family and the county or state. 
           Sec. 5.  Minnesota Statutes 2000, section 144.1222, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [POOLS AT FAMILY DAY CARE OR GROUP FAMILY DAY 
        CARE HOMES.] A portable wading pool that is located at a family 
        day care or group family day care home licensed under Minnesota 
        Rules, chapter 9502, or at a home at which child care services 
        are provided under section 245A.03, subdivision 2, clause (2), 
        shall be defined as a private residential pool and not as a 
        public pool for purposes of public swimming pool regulations 
        under Minnesota Rules, chapter 4717, provided that the portable 
        wading pool has a maximum depth of 24 inches and is capable of 
        being manually emptied and moved.  
           Sec. 6.  Minnesota Statutes 2000, section 245A.14, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [PORTABLE WADING POOLS; FAMILY DAY CARE AND 
        GROUP FAMILY DAY CARE PROVIDERS.] A portable wading pool as 
        defined in section 144.1222 may not be used by a child at a 
        family day care or group family day care home or at a home at 
        which child care services are provided under section 245A.03, 
        subdivision 2, clause (2), unless the parent or legal guardian 
        of the child has provided written consent.  The written consent 
        shall include a statement that the parent or legal guardian has 
        received and read material provided by the department of health 
        to the department of human services for distribution to all 
        family day care or group family day care homes and the general 
        public on the human services Internet Web site related to the 
        risk of disease transmission as well as other health risks 
        associated with the use of portable wading pools. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 5 and 6 are effective the day following final 
        enactment. 
           Presented to the governor March 22, 2002 
           Signed by the governor March 25, 2002, 2:21 p.m.