1.1 	A bill for an act
1.2 	relating to child care; exempting preschool programs operated by schools from 
1.3 	child care licensure;amending Minnesota Statutes 2006, section 245A.03, 
1.4 	subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 245A.03, subdivision 2, is amended to 
1.7 	read:
1.8 		Subd. 2.Exclusion from licensure. (a) This chapter does not apply to:
1.9 	(1) residential or nonresidential programs that are provided to a person by an 
1.10 	individual who is related unless the residential program is a child foster care placement 
1.11 	made by a local social services agency or a licensed child-placing agency, except as 
1.12 	provided in subdivision 2a;
1.13 	(2) nonresidential programs that are provided by an unrelated individual to persons 
1.14 	from a single related family;
1.15 	(3) residential or nonresidential programs that are provided to adults who do 
1.16 	not abuse chemicals or who do not have a chemical dependency, a mental illness, a 
1.17 	developmental disability, a functional impairment, or a physical disability;
1.18 	(4) sheltered workshops or work activity programs that are certified by the 
1.19 	commissioner of economic security;
1.20 	(5) programs operated by a public school as defined in section 120A.22, subdivision 
1.21 	4, that provides child care for children 33 months or older;
1.22 	(6) nonresidential programs primarily for children that provide care or supervision 
1.23 	for periods of less than three hours a day while the child's parent or legal guardian is in 
2.1 	the same building as the nonresidential program or present within another building that is 
2.2 	directly contiguous to the building in which the nonresidential program is located;
2.3 	(7) nursing homes or hospitals licensed by the commissioner of health except as 
2.4 	specified under section 245A.02;
2.5 	(8) board and lodge facilities licensed by the commissioner of health that provide 
2.6 	services for five or more persons whose primary diagnosis is mental illness that do not 
2.7 	provide intensive residential treatment;
2.8 	(9) homes providing programs for persons placed there by a licensed agency for 
2.9 	legal adoption, unless the adoption is not completed within two years;
2.10 	(10) programs licensed by the commissioner of corrections;
2.11 	(11) recreation programs for children or adults that are operated or approved by a 
2.12 	park and recreation board whose primary purpose is to provide social and recreational 
2.13 	activities;
2.14 	(12) programs operated by a school as defined in section 120A.22, subdivision 4, 
2.15 	whose primary purpose is to provide child care to school-age children;
2.16 	(13) Head Start nonresidential programs which operate for less than 45 days in 
2.17 	each calendar year;
2.18 	(14) noncertified boarding care homes unless they provide services for five or more 
2.19 	persons whose primary diagnosis is mental illness or a developmental disability;
2.20 	(15) programs for children such as scouting, boys clubs, girls clubs, and sports and 
2.21 	art programs, and nonresidential programs for children provided for a cumulative total of 
2.22 	less than 30 days in any 12-month period;
2.23 	(16) residential programs for persons with mental illness, that are located in hospitals;
2.24 	(17) the religious instruction of school-age children; Sabbath or Sunday schools; or 
2.25 	the congregate care of children by a church, congregation, or religious society during the 
2.26 	period used by the church, congregation, or religious society for its regular worship;
2.27 	(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 
2.28 	4630;
2.29 	(19) mental health outpatient services for adults with mental illness or children 
2.30 	with emotional disturbance;
2.31 	(20) residential programs serving school-age children whose sole purpose is cultural 
2.32 	or educational exchange, until the commissioner adopts appropriate rules;
2.33 	(21) unrelated individuals who provide out-of-home respite care services to persons 
2.34 	with developmental disabilities from a single related family for no more than 90 days in a 
2.35 	12-month period and the respite care services are for the temporary relief of the person's 
2.36 	family or legal representative;
3.1 	(22) respite care services provided as a home and community-based service to a 
3.2 	person with a developmental disability, in the person's primary residence;
3.3 	(23) community support services programs as defined in section 245.462, subdivision 
3.4 	6, and family community support services as defined in section 245.4871, subdivision 17;
3.5 	(24) the placement of a child by a birth parent or legal guardian in a preadoptive 
3.6 	home for purposes of adoption as authorized by section 259.47;
3.7 	(25) settings registered under chapter 144D which provide home care services 
3.8 	licensed by the commissioner of health to fewer than seven adults; or
3.9 	(26) consumer-directed community support service funded under the Medicaid 
3.10 	waiver for persons with developmental disabilities when the individual who provided 
3.11 	the service is:
3.12 	(i) the same individual who is the direct payee of these specific waiver funds or paid 
3.13 	by a fiscal agent, fiscal intermediary, or employer of record; and
3.14 	(ii) not otherwise under the control of a residential or nonresidential program that is 
3.15 	required to be licensed under this chapter when providing the service.
3.16 	(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a 
3.17 	building in which a nonresidential program is located if it shares a common wall with the 
3.18 	building in which the nonresidential program is located or is attached to that building by 
3.19 	skyway, tunnel, atrium, or common roof.
3.20 	(c) Nothing in this chapter shall be construed to require licensure for any services 
3.21 	provided and funded according to an approved federal waiver plan where licensure is 
3.22 	specifically identified as not being a condition for the services and funding.