Minnesota Legislature
SF 2833
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to human services; changing certain in-service training requirements;
requiring early childhood development training; changing certain first aid
training requirements; allowing the use of mesh sided playpens or cribs under
certain circumstances; establishing the Ramsey County child care pilot project;
providing an exception for notification of a variance or set-aside; amending
Minnesota Statutes 2004, sections 245A.023; 245A.14, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 245A.14, subdivision 12;
245A.146, subdivision 3; 245C.22, subdivision 7; 245C.24, subdivision 2;
245C.301.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 245A.023, is amended to read:
245A.023 IN-SERVICE TRAINING.
new text begin (a) new text end For purposes of child care centers, in-service training must be completed within
the license period for which it is required. In-service training completed by staff persons
as required must be transferable upon a staff person's change in employment to another
child care program. License holders shall record all staff in-service training on forms
prescribed by the commissioner of human services.
new text begin
(b) For purposes of family and group family child care, the license holder and each
primary caregiver must complete 12 hours of training each year. For purposes of this
section, a primary caregiver is an adult caregiver who provides services in the licensed
setting more than 30 days in any 12-month period.
new text end
Sec. 2.
Minnesota Statutes 2004, section 245A.14, is amended by adding a subdivision
to read:
new text begin Subd. 9a. new text end
new text begin Early childhood development training. new text end
new text begin
(a) For purposes of child
care centers, the director and all staff hired after July 1, 2006, shall complete and
document at least two hours of early childhood development training within the first year
of employment. Training completed under this subdivision may be used to meet the
requirements of Minnesota Rules, part 9503.0035, subparts 1 and 4.
new text end
new text begin
(b) For purposes of family and group family child care, the license holder and
each adult caregiver who provides care in the licensed setting more than 30 days in any
12-month period shall complete and document at least two hours of early childhood
development training within the first year of licensure or employment. Training completed
under this subdivision may be used to meet the requirements of Minnesota Rules, part
9502.0385, subparts 2 and 3.
new text end
new text begin
(c) Notwithstanding paragraphs (a) and (b), individuals are exempt from this
requirement if they:
new text end
new text begin
(1) have taken a three-credit course on early childhood development within the
past five years;
new text end
new text begin
(2) have received a baccalaureate or masters degree in early childhood education or
school age child care within the past five years;
new text end
new text begin
(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood
educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an
early childhood special education teacher, or an elementary teacher with a kindergarten
endorsement; or
new text end
new text begin
(4) have received a baccalaureate degree with a Montessori certificate within the
past five years.
new text end
Sec. 3.
Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 12, is
amended to read:
Subd. 12.
First aid training requirements.
new text begin (a) new text end deleted text begin Notwithstanding Minnesota Rules,
part 9503.0035, subpart 2,deleted text end When children are present in a family child care home governed
by Minnesota Rules, parts 9502.0315 to 9502.0445, deleted text begin or a child care center governed by
Minnesota Rules, parts 9503.0005 to 9503.0170,deleted text end at least one staff person must be present
in thedeleted text begin center ordeleted text end home who has been trained in first aid. The first aid training must have
been provided by an individual approved to provide first aid instruction. First aid training
may be less than eight hours and persons qualified to provide first aid training shall include
individuals approved as first aid instructors.
new text begin
(b) All teachers and assistant teachers in a child care center governed by Minnesota
Rules, parts 9503.0005 to 9503.0170, and at least one staff person during field trips and
when transporting children in care must satisfactorily complete first aid training within 90
days of the start of work, unless the training has been completed within the previous three
years. The first aid training must be repeated at least every three years; documented in the
person's personnel record and indicated on the center's staffing chart; and provided by an
individual approved as a first aid instructor. This training may be less than eight hours.
new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, section 245A.146, subdivision 3, is
amended to read:
Subd. 3.
License holder documentation of cribs.
(a) Annually, from the date
printed on the license, all license holders shall check all their cribs' brand names and
model numbers against the United States Consumer Product Safety Commission Web
site listing of unsafe cribs.
(b) The license holder shall maintain written documentation to be reviewed on site
for each crib showing that the review required in paragraph (a) has been completed, and
which of the following conditions applies:
(1) the crib was not identified as unsafe on the United States Consumer Product
Safety Commission Web site;
(2) the crib was identified as unsafe on the United States Consumer Product Safety
Commission Web site, but the license holder has taken the action directed by the United
States Consumer Product Safety Commission to make the crib safe; or
(3) the crib was identified as unsafe on the United States Consumer Product Safety
Commission Web site, and the license holder has removed the crib so that it is no longer
used by or accessible to children in care.
(c) Documentation of the review completed under this subdivision shall be
maintained by the license holder on site and made available to parents of children in
care and the commissioner.
new text begin
(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider
that complies with this section may use a mesh sided playpen or crib that has not been
identified as unsafe on the United States Consumer Product Safety Commission Web site
for the care or sleeping of infants.
new text end
Sec. 5.
Minnesota Statutes 2005 Supplement, section 245C.22, subdivision 7, is
amended to read:
Subd. 7.
Classification of certain data.
(a) Notwithstanding section 13.46, upon
setting aside a disqualification under this section, the identity of the disqualified individual
who received the setnew text begin -new text end aside and the individual's disqualifying characteristics are public
data if the setnew text begin -new text end aside was:
(1) for any disqualifying characteristic under section 245C.15, when the setnew text begin -new text end aside
relates to a child care center or a family child care provider licensed under chapter 245A; or
(2) for a disqualifying characteristic under section 245C.15, subdivision 2.
(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:
(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or
(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2.
(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:
(1) a disqualification is not set aside and no variance is granted;
(2) the data are not public under paragraph (a) or (b);
(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect; or
(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision 27.
(d) Licensed family deleted text begin daydeleted text end new text begin childnew text end care providers and child care centers must deleted text begin notify
parents considering enrollment of a child or parents of a child attending the family day
care or child care center if the program employs or has living in the home any individual
who is the subject of either a set aside or variancedeleted text end new text begin provide notices as required under
section 245C.301new text end .
new text begin
(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
are the subject of a disqualification related set-aside or variance is not public data if:
new text end
new text begin
(1) the household member resides in the residence where the family child care is
provided;
new text end
new text begin
(2) the subject of the set-aside or variance is under the age of 18 years; and
new text end
new text begin
(3) the set-aside or variance only relate to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.
new text end
Sec. 6.
Minnesota Statutes 2005 Supplement, section 245C.24, subdivision 2, is
amended to read:
Subd. 2.
Permanent bar to set aside a disqualification.
new text begin (a) Except as provided in
paragraph (b), new text end the commissioner may not set aside the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the
individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.
new text begin
(b) For an individual who is working in the chemical dependency field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must consider
granting a subsequent set aside for the same or different license holder based on the
evaluation under section 245C.22, subdivision 4. A request for reconsideration evaluated
under this paragraph must include a letter of recommendation from the license holder that
was subject to the prior set aside decision addressing the individual's quality of care to
children or vulnerable adults and the circumstances of the individual's departure from
that service.
new text end
Sec. 7.
Minnesota Statutes 2005 Supplement, section 245C.301, is amended to read:
245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.
deleted text begin Licenseddeleted text end new text begin (a) Except as provided under paragraph (b),new text end family child care providers and
child care centers must provide a written notification to parents considering enrollment
of a child or parents of a child attending the family child care or child care center if the
program employs or has living in the home any individual who is the subject of either a
set-aside or variance.
new text begin
(b) Notwithstanding paragraph (a), family child care license holders are not required
to disclose that the program has an individual living in the home who is the subject of a
set-aside or variance if:
new text end
new text begin
(1) the household member resides in the residence where the family child care is
provided;
new text end
new text begin
(2) the subject of the set-aside or variance is under the age of 18 years; and
new text end
new text begin
(3) the set-aside or variance relate to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.
new text end
Sec. 8. new text begin RAMSEY COUNTY CHILD CARE PILOT PROJECT.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization for pilot project. new text end
new text begin
The commissioner of human
services shall approve a pilot project in Ramsey County that will help teen parents remain
in school and complete the student's education while providing child care assistance for
the student's child. The pilot project shall increase coordination between services from
the Minnesota family investment program, the child care assistance program, and area
public schools with the goal of removing barriers that prevent teen parents from pursuing
educational goals.
new text end
new text begin Subd. 2. new text end
new text begin Program design and implementation. new text end
new text begin
The Ramsey County child care
pilot project shall be established to improve the coordination of services to teen parents.
The pilot project shall:
new text end
new text begin
(1) provide a streamlined process for sharing information between the Minnesota
family investment program under Minnesota Statutes, chapter 256J, the child care
assistance program under Minnesota Statutes, chapter 119B, and public schools in
Ramsey County;
new text end
new text begin
(2) determine eligibility for child care assistance using the teen parent's eligibility
for reduced-cost or free school lunches in place of income verification; and
new text end
new text begin
(3) waive the child care parent fee under Minnesota Statutes, section 119B.12,
subdivision 2, for teen parents whose income is below poverty level and whose children
attend school-based child care centers.
new text end
new text begin Subd. 3. new text end
new text begin Costs. new text end
new text begin
Increased costs incurred under this section shall not increase the
basic sliding fee appropriation and shall not affect funds available for distribution under
Minnesota Statutes, sections 119B.06 and 119B.08.
new text end