SF 1327

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2014 08:59am

A bill for an act
relating to human services; modifying child care provider requirements; requiring
a report; amending Minnesota Statutes 2012, sections 119B.09, subdivision
5; 119B.125, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 119B.09, subdivision 5, is amended to read:

Subd. 5.

Provider choice.

Parents may choose child care providers as defined under
section 119B.011, subdivision 19, that best meet the needs of their family. new text begin Beginning
July 1, 2018, parents or guardians must choose a participating provider under section
124D.142 for their children not yet attending kindergarten, unless a waiver is granted
under section 119B.125, subdivision 1, by the commissioner of human services. new text end Counties
shall make resources available to parents in choosing quality child care services. Counties
may require a parent to sign a release stating their knowledge and responsibilities in
choosing a legal provider described under section 119B.011, subdivision 19. When a
county knows that a particular provider is unsafe, or that the circumstances of the child
care arrangement chosen by the parent are unsafe, the county may deny a child care
subsidy. A county may not restrict access to a general category of provider allowed under
section 119B.011, subdivision 19.

Sec. 2.

Minnesota Statutes 2012, section 119B.125, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

new text begin (a) new text end Except as provided in subdivision 5, a county
must authorize the provider chosen by an applicant or a participant before the county can
authorize payment for care provided by that provider. The commissioner must establish
the requirements necessary for authorization of providers.

new text begin (b) In order to be authorized to care for a child not yet attending kindergarten, a
provider must:
new text end

new text begin (1) beginning July 1, 2018, participate in the quality rating and improvement system
under section 124D.142; and
new text end

new text begin (2) beginning July 1, 2020, have at least a one-star rating in the quality rating and
improvement system.
new text end

new text begin (c) In order to comply with federal regulations, the requirements in paragraph (b) do
not apply to unlicensed or license-exempt providers, including legal nonlicensed providers
or providers licensed by a state other than Minnesota. In addition, the commissioner may
waive the requirements in paragraph (b), if:
new text end

new text begin (1) the parents' authorized activities occur during times when care is not available or
not practicable from providers participating in the quality rating and improvement system,
for all or a part of the authorized activities;
new text end

new text begin (2) a family lives in an area where care from providers participating in the quality
rating and improvement system is not available;
new text end

new text begin (3) a family has a school-aged sibling whose provider is not participating in the
quality rating and improvement system, and the family wishes to keep the children with
that same provider;
new text end

new text begin (4) no providers participating in the quality rating and improvement system are
willing or able to care for one or all of the children in the family;
new text end

new text begin (5) a family has a child with a disability as defined in section 125A.02; or
new text end

new text begin (6) a family is using a nonparticipating provider prior to July 1, 2018, or July 1,
2020, and wishes to continue using that provider.
new text end

new text begin (d) new text end A provider must be reauthorized every two years. A legal, nonlicensed family
child care provider also must be reauthorized when another person over the age of 13 joins
the household, a current household member turns 13, or there is reason to believe that a
household member has a factor that prevents authorization. The provider is required to
report all family changes that would require reauthorization. When a provider has been
authorized for payment for providing care for families in more than one county, the county
responsible for reauthorization of that provider is the county of the family with a current
authorization for that provider and who has used the provider for the longest length of time.

Sec. 3. new text begin WAIVER PROCESS RELATED TO CHILD CARE PROVIDER CHOICE.
new text end

new text begin (a) The commissioner of human services shall develop a simple waiver process
related to Minnesota Statutes, section 119B.125, subdivision 1.
new text end

new text begin (b) Eligibility for child care assistance is determined under Minnesota Statutes,
section 119B.09, subdivision 7, and payments are authorized retroactively from that date,
regardless of when a waiver is approved.
new text end

new text begin (c) The commissioner must monitor the waiver process and report on the usage
of waivers to the legislative committees having jurisdiction over child care and Parent
Aware policy and finance.
new text end

Sec. 4. new text begin PARENT AWARE QUALITY RATING AND IMPROVEMENT SYSTEM
ACCESSIBILITY REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Recommendations. new text end

new text begin The commissioner of human services, in
consultation with representatives from the child care and early childhood advocacy
community, child care provider organizations, child care providers, organizations
administering Parent Aware, the Departments of Education and Health, counties,
and parents, shall make recommendations to the legislature on increasing statewide
accessibility for child care providers to the Parent Aware quality rating and improvement
system and for increasing access to Parent Aware-rated programs for families with
children. The recommendations must address the following factors impacting accessibility:
new text end

new text begin (1) availability of rated and nonrated programs by child care provider type, within
rural and underserved areas, and for different cultural and non-English-speaking groups;
new text end

new text begin (2) time and resources necessary for child care providers to participate in Parent
Aware at various rating levels, including cultural and linguistic considerations;
new text end

new text begin (3) federal child care development fund regulations; and
new text end

new text begin (4) other factors as determined by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin By February 15, 2015, the commissioner of human services
shall report to the legislative committees with jurisdiction over the child care
assistance programs and the Parent Aware quality rating and improvement system with
recommendations to increase access for families and child care providers to Parent Aware,
including benchmarks for achieving the maximum participation in Parent Aware-rated
child care programs by families receiving child care assistance.
new text end

new text begin The recommendations may also include, but are not limited to, potential
modifications to sections 1 to 3, if necessary, which may include a delayed effective
date, different phase-in process, or repealer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end