| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to child care; exempting an unrelated individual providing child care to |
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| 3 | 3 | | 1.3 two families from licensure; amending Minnesota Statutes 2024, section 142B.05, |
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| 4 | 4 | | 1.4 subdivision 2. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 142B.05, subdivision 2, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 2.Exclusion from licensure.(a) This chapter does not apply to: |
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| 8 | 8 | | 1.8 (1) residential or nonresidential programs that are provided to a person by an individual |
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| 9 | 9 | | 1.9who is related unless the residential program is a child foster care placement made by a |
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| 10 | 10 | | 1.10local social services agency or a licensed child-placing agency, except as provided in |
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| 11 | 11 | | 1.11subdivision 3; |
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| 12 | 12 | | 1.12 (2) nonresidential programs that are provided by an unrelated individual to persons from |
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| 13 | 13 | | 1.13a single related family two separate families, where the persons in each family are related; |
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| 14 | 14 | | 1.14 (3) programs operated by a public school for children 33 months or older; |
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| 15 | 15 | | 1.15 (4) nonresidential programs primarily for children that provide care or supervision for |
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| 16 | 16 | | 1.16periods of less than three hours a day while the child's parent or legal guardian is in the |
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| 17 | 17 | | 1.17same building as the nonresidential program or present within another building that is |
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| 18 | 18 | | 1.18directly contiguous to the building in which the nonresidential program is located; |
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| 19 | 19 | | 1.19 (5) homes providing programs for persons placed by a county or a licensed agency for |
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| 20 | 20 | | 1.20legal adoption, unless the adoption is not completed within two years; |
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| 21 | 21 | | 1.21 (6) programs licensed or certified by the commissioner of corrections; |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | REVISOR DTT/NS 25-0300501/31/25 |
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| 24 | 24 | | State of Minnesota |
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| 25 | 25 | | This Document can be made available |
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| 26 | 26 | | in alternative formats upon request |
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| 27 | 27 | | HOUSE OF REPRESENTATIVES |
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| 28 | 28 | | H. F. No. 1342 |
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| 29 | 29 | | NINETY-FOURTH SESSION 2.1 (7) recreation programs for children or adults that are operated or approved by a park |
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| 30 | 30 | | 2.2and recreation board whose primary purpose is to provide social and recreational activities; |
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| 31 | 31 | | 2.3 (8) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA |
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| 32 | 32 | | 2.4as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in |
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| 33 | 33 | | 2.5section 315.51, whose primary purpose is to provide child care or services to school-age |
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| 34 | 34 | | 2.6children; |
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| 35 | 35 | | 2.7 (9) Head Start nonresidential programs that operate for less than 45 days in each calendar |
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| 36 | 36 | | 2.8year; |
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| 37 | 37 | | 2.9 (10) programs for children such as scouting, boys clubs, girls clubs, and sports and art |
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| 38 | 38 | | 2.10programs, and nonresidential programs for children provided for a cumulative total of less |
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| 39 | 39 | | 2.11than 30 days in any 12-month period; |
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| 40 | 40 | | 2.12 (11) the religious instruction of school-age children; Sabbath or Sunday schools; or the |
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| 41 | 41 | | 2.13congregate care of children by a church, congregation, or religious society during the period |
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| 42 | 42 | | 2.14used by the church, congregation, or religious society for its regular worship; |
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| 43 | 43 | | 2.15 (12) camps licensed by the commissioner of health under Minnesota Rules, chapter |
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| 44 | 44 | | 2.164630; |
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| 45 | 45 | | 2.17 (13) residential programs serving school-age children whose sole purpose is cultural or |
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| 46 | 46 | | 2.18educational exchange, until the commissioner adopts appropriate rules; |
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| 47 | 47 | | 2.19 (14) community support services programs as defined in section 245.462, subdivision |
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| 48 | 48 | | 2.206, and family community support services as defined in section 245.4871, subdivision 17; |
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| 49 | 49 | | 2.21 (15) the placement of a child by a birth parent or legal guardian in a preadoptive home |
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| 50 | 50 | | 2.22for purposes of adoption as authorized by section 259.47; |
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| 51 | 51 | | 2.23 (16) a program serving only children who are age 33 months or older, that is operated |
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| 52 | 52 | | 2.24by a nonpublic school, for no more than four hours per day per child, with no more than 20 |
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| 53 | 53 | | 2.25children at any one time, and that is accredited by: |
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| 54 | 54 | | 2.26 (i) an accrediting agency that is formally recognized by the commissioner of education |
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| 55 | 55 | | 2.27as a nonpublic school accrediting organization; or |
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| 56 | 56 | | 2.28 (ii) an accrediting agency that requires background studies and that receives and |
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| 57 | 57 | | 2.29investigates complaints about the services provided. |
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| 58 | 58 | | 2.30A program that asserts its exemption from licensure under item (ii) shall, upon request from |
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| 59 | 59 | | 2.31the commissioner, provide the commissioner with documentation from the accrediting |
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| 60 | 60 | | 2.32agency that verifies that the accreditation is current, that the accrediting agency investigates |
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| 61 | 61 | | 2Section 1. |
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| 62 | 62 | | REVISOR DTT/NS 25-0300501/31/25 3.1complaints about services, and that the accrediting agency's standards require background |
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| 63 | 63 | | 3.2studies on all people providing direct contact services; |
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| 64 | 64 | | 3.3 (17) a program operated by a nonprofit organization incorporated in Minnesota or another |
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| 65 | 65 | | 3.4state that serves youth in kindergarten through grade 12; provides structured, supervised |
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| 66 | 66 | | 3.5youth development activities; and has learning opportunities take place before or after |
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| 67 | 67 | | 3.6school, on weekends, or during the summer or other seasonal breaks in the school calendar. |
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| 68 | 68 | | 3.7A program exempt under this clause is not eligible for child care assistance under chapter |
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| 69 | 69 | | 3.8142E. A program exempt under this clause must: |
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| 70 | 70 | | 3.9 (i) have a director or supervisor on site who is responsible for overseeing written policies |
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| 71 | 71 | | 3.10relating to the management and control of the daily activities of the program, ensuring the |
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| 72 | 72 | | 3.11health and safety of program participants, and supervising staff and volunteers; |
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| 73 | 73 | | 3.12 (ii) have obtained written consent from a parent or legal guardian for each youth |
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| 74 | 74 | | 3.13participating in activities at the site; and |
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| 75 | 75 | | 3.14 (iii) have provided written notice to a parent or legal guardian for each youth at the site |
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| 76 | 76 | | 3.15that the program is not licensed or supervised by the state of Minnesota and is not eligible |
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| 77 | 77 | | 3.16to receive child care assistance payments; |
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| 78 | 78 | | 3.17 (18) Head Start programs that serve only children who are at least three years old but |
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| 79 | 79 | | 3.18not yet six years old; or |
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| 80 | 80 | | 3.19 (19) programs licensed by the commissioner of human services under chapter 245A. |
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| 81 | 81 | | 3.20 (b) For purposes of paragraph (a), clause (4), a building is directly contiguous to a |
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| 82 | 82 | | 3.21building in which a nonresidential program is located if it shares a common wall with the |
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| 83 | 83 | | 3.22building in which the nonresidential program is located or is attached to that building by |
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| 84 | 84 | | 3.23skyway, tunnel, atrium, or common roof. |
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| 85 | 85 | | 3.24 (c) Nothing in this chapter shall be construed to require licensure for any services |
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| 86 | 86 | | 3.25provided and funded according to an approved federal waiver plan where licensure is |
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| 87 | 87 | | 3.26specifically identified as not being a condition for the services and funding. |
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| 88 | 88 | | 3Section 1. |
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| 89 | 89 | | REVISOR DTT/NS 25-0300501/31/25 |
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