1.1                          A bill for an act
  1.2             relating to human services; licensing; modifying the 
  1.3             exclusion from licensure for child care services; 
  1.4             amending Minnesota Statutes 1996, section 245A.03, 
  1.5             subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 245A.03, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 
  1.10  245A.16 do not apply to: 
  1.11     (1) residential or nonresidential programs that are 
  1.12  provided to a person by an individual who is related unless the 
  1.13  residential program is a foster care placement made by a local 
  1.14  social services agency or a licensed child-placing agency, 
  1.15  except as provided in subdivision 2a; 
  1.16     (2) nonresidential programs that are provided by an 
  1.17  unrelated individual to persons from a single related family, 
  1.18  except as provided in clause (25); 
  1.19     (3) residential or nonresidential programs that are 
  1.20  provided to adults who do not abuse chemicals or who do not have 
  1.21  a chemical dependency, a mental illness, mental retardation or a 
  1.22  related condition, a functional impairment, or a physical 
  1.23  handicap; 
  1.24     (4) sheltered workshops or work activity programs that are 
  1.25  certified by the commissioner of economic security; 
  2.1      (5) programs for children enrolled in kindergarten to the 
  2.2   12th grade and prekindergarten special education in a school as 
  2.3   defined in section 120.101, subdivision 4, and programs serving 
  2.4   children in combined special education and regular 
  2.5   prekindergarten programs that are operated or assisted by the 
  2.6   commissioner of children, families, and learning; 
  2.7      (6) nonresidential programs primarily for children that 
  2.8   provide care or supervision, without charge for ten or fewer 
  2.9   days a year, and for periods of less than three hours a day 
  2.10  while the child's parent or legal guardian is in the same 
  2.11  building as the nonresidential program or present within another 
  2.12  building that is directly contiguous to the building in which 
  2.13  the nonresidential program is located; 
  2.14     (7) nursing homes or hospitals licensed by the commissioner 
  2.15  of health except as specified under section 245A.02; 
  2.16     (8) board and lodge facilities licensed by the commissioner 
  2.17  of health that provide services for five or more persons whose 
  2.18  primary diagnosis is mental illness who have refused an 
  2.19  appropriate residential program offered by a county agency.  
  2.20  This exclusion expires on July 1, 1990; 
  2.21     (9) homes providing programs for persons placed there by a 
  2.22  licensed agency for legal adoption, unless the adoption is not 
  2.23  completed within two years; 
  2.24     (10) programs licensed by the commissioner of corrections; 
  2.25     (11) recreation programs for children or adults that 
  2.26  operate for fewer than 40 calendar days in a calendar year; 
  2.27     (12) programs operated by a school as defined in section 
  2.28  120.101, subdivision 4, whose primary purpose is to provide 
  2.29  child care to school-age children, provided the program is 
  2.30  approved by the district's school board; 
  2.31     (13) head start nonresidential programs which operate for 
  2.32  less than 31 days in each calendar year; 
  2.33     (14) noncertified boarding care homes unless they provide 
  2.34  services for five or more persons whose primary diagnosis is 
  2.35  mental illness or mental retardation; 
  2.36     (15) nonresidential programs for nonhandicapped children 
  3.1   provided for a cumulative total of less than 30 days in any 
  3.2   12-month period; 
  3.3      (16) residential programs for persons with mental illness, 
  3.4   that are located in hospitals, until the commissioner adopts 
  3.5   appropriate rules; 
  3.6      (17) the religious instruction of school-age children; 
  3.7   Sabbath or Sunday schools; or the congregate care of children by 
  3.8   a church, congregation, or religious society during the period 
  3.9   used by the church, congregation, or religious society for its 
  3.10  regular worship; 
  3.11     (18) camps licensed by the commissioner of health under 
  3.12  Minnesota Rules, chapter 4630; 
  3.13     (19) mental health outpatient services for adults with 
  3.14  mental illness or children with emotional disturbance; 
  3.15     (20) residential programs serving school-age children whose 
  3.16  sole purpose is cultural or educational exchange, until the 
  3.17  commissioner adopts appropriate rules; 
  3.18     (21) unrelated individuals who provide out-of-home respite 
  3.19  care services to persons with mental retardation or related 
  3.20  conditions from a single related family for no more than 90 days 
  3.21  in a 12-month period and the respite care services are for the 
  3.22  temporary relief of the person's family or legal representative; 
  3.23     (22) respite care services provided as a home and 
  3.24  community-based service to a person with mental retardation or a 
  3.25  related condition, in the person's primary residence; 
  3.26     (23) community support services programs as defined in 
  3.27  section 245.462, subdivision 6, and family community support 
  3.28  services as defined in section 245.4871, subdivision 17; or 
  3.29     (24) the placement of a child by a birth parent or legal 
  3.30  guardian in a preadoptive home for purposes of adoption as 
  3.31  authorized by section 259.47; or 
  3.32     (25) nonresidential child care programs or services that 
  3.33  are provided by an unrelated individual to persons from a single 
  3.34  related family or two or more other unrelated families, provided 
  3.35  that the individual provides services to no more than four 
  3.36  children who are unrelated to the individual. 
  4.1      For purposes of clause (6), a building is directly 
  4.2   contiguous to a building in which a nonresidential program is 
  4.3   located if it shares a common wall with the building in which 
  4.4   the nonresidential program is located or is attached to that 
  4.5   building by skyway, tunnel, atrium, or common roof.