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