Minnesota 2025 2025-2026 Regular Session

Minnesota House Bill HF1915 Engrossed / Bill

Filed 03/26/2025

                    1.1	A bill for an act​
1.2 relating to child care; requiring child care centers to use video security cameras​
1.3 to monitor infants and toddlers; appropriating money; amending Minnesota Statutes​
1.4 2024, section 142D.23, subdivision 3; proposing coding for new law in Minnesota​
1.5 Statutes, chapter 142B.​
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. [142B.68] VIDEO SECURITY CAMERAS IN CHILD CARE CENTERS.​
1.8 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this​
1.9subdivision have the meanings given.​
1.10 (b) "Facility" means the indoor and outdoor space in which child care is provided that​
1.11is owned, leased, or operated by a licensed child care center.​
1.12 (c) "Video security camera" means a video camera or other device that captures or​
1.13records video.​
1.14 Subd. 2.Requirements for video security cameras.(a) By January 1, 2026, a licensed​
1.15child care center must have video security cameras to monitor and record infants and toddlers​
1.16in public and shared areas of the facility as provided under this subdivision.​
1.17 (b) A licensed child care center must have at least one video security camera in each​
1.18room designated for infants or toddlers. The camera must be positioned to provide maximum​
1.19visibility of the room. If one camera is not sufficient to view at least 80 percent of the square​
1.20footage of the room, the center must place an additional camera or cameras in the room to​
1.21achieve maximum visibility of the room.​
1​Section 1.​
REVISOR	DTT	H1915-1​HF1915  FIRST ENGROSSMENT​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  1915​
NINETY-FOURTH SESSION​
Authored by West, Feist and Liebling​03/05/2025​
The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy​
Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law​03/26/2025​ 2.1 (c) A licensed child care center must have a sufficient number of video security cameras​
2.2to provide visibility of all outdoor recreational equipment used by infants or toddlers and​
2.3at least 80 percent of the square footage of a fenced-in outdoor space used by infants or​
2.4toddlers.​
2.5 (d) The video security cameras must:​
2.6 (1) be turned on and recording at all times the licensed child care center is in operation;​
2.7 (2) record and display the accurate date and time;​
2.8 (3) have a display resolution of 720p or higher; and​
2.9 (4) have a frames per second rate of 15 or higher.​
2.10 Subd. 3.Retention and disposal of recordings.(a) A licensed child care center must​
2.11retain video security camera recordings required under this section for 60 calendar days​
2.12after the date of the recording. Except as provided under paragraphs (b), (c), and (d), a​
2.13licensed child care center must dispose of video security camera recordings required under​
2.14this section after 60 calendar days.​
2.15 (b) A licensed child care center that receives notice from a law enforcement official of​
2.16a suspected crime committed against a child at the center may not dispose of any video​
2.17security camera recordings required under this section until the law enforcement investigation​
2.18of the suspected crime is complete.​
2.19 (c) A licensed child care center must retain video security camera recordings related to​
2.20an incident that the center must report to the commissioner under Minnesota Rules, part​
2.219503.0130, for six months from the date of the incident.​
2.22 (d) A licensed child care center may retain video security camera recordings required​
2.23under this section to use for training center employees. Any recordings used for training​
2.24purposes must redact, as defined under section 13.825, subdivision 1, identifying information​
2.25on children shown or heard in the recording, unless a parent or legal guardian has provided​
2.26written consent providing that the center may use unredacted recordings of the parent's or​
2.27guardian's child.​
2.28 (e) A licensed child care center must adhere to additional requirements issued by the​
2.29commissioner regarding the retention and disposal of video security camera recordings​
2.30required under this section.​
2​Section 1.​
REVISOR	DTT	H1915-1​HF1915 FIRST ENGROSSMENT​ 3.1 Subd. 4.Dissemination of recordings.(a) A licensed child care center may not sell,​
3.2share, transmit, or disseminate a video security camera recording required under this section​
3.3to any person except as authorized by this section.​
3.4 (b) A child care center must disseminate a video security camera recording required​
3.5under this section pursuant to a valid court order, search warrant, or subpoena in a civil,​
3.6criminal, or administrative proceeding, including an investigation by the commissioner.​
3.7 (c) A licensed child care center must establish a process by which a parent or legal​
3.8guardian may review, but not obtain a copy of, a video security camera recording required​
3.9under this section if the parent or guardian provides:​
3.10 (1) documentation of visible marks on a child, such as bruises or swelling that has​
3.11persisted for more than 24 hours, or a child's physical impediment, such as a limp that was​
3.12not previously present; or​
3.13 (2) documentation from a physician of a child's physical injury.​
3.14 (d) An employee of a licensed child care center who is the subject of proposed disciplinary​
3.15action by the center based upon evidence obtained by a video security camera must be given​
3.16access to that evidence for purposes of defending against the proposed action. An employee​
3.17who obtains a recording or a copy of the recording must treat the recording or copy​
3.18confidentially and must not further disseminate it to any other person except as required​
3.19under law. The employee must not keep the recording or copy or a portion of the recording​
3.20or copy after it is no longer needed for purposes of defending against a proposed action.​
3.21 Subd. 5.Hold harmless.(a) The commissioner may not issue a fix-it ticket, correction​
3.22order, or order of conditional license against a child care center license holder for a licensing​
3.23violation that does not imminently endanger the health or safety of the children served by​
3.24the center, if the only source of evidence for the violation is video security camera recordings​
3.25reviewed as part of an investigation under subdivision 4, paragraph (b). This paragraph​
3.26expires upon implementation of the child care weighted risk system under section 142B.171.​
3.27The commissioner shall notify the revisor of statutes when the system has been implemented.​
3.28 (b) Upon implementation of the child care weighted risk system under section 142B.171,​
3.29the commissioner may not take a licensing action against a child care center license holder​
3.30for a violation that counts as 6.5 or below for a child care center in the weighted risk system,​
3.31if the only source of evidence for the violation is video security camera recordings reviewed​
3.32as part of an investigation under subdivision 4, paragraph (b).​
3​Section 1.​
REVISOR	DTT	H1915-1​HF1915 FIRST ENGROSSMENT​ 4.1 Subd. 6.Written policy required.A licensed child care center must have a written​
4.2policy on the center's use of video security cameras that includes the following:​
4.3 (1) the days and times the video security cameras in the facility are in use;​
4.4 (2) the locations of all areas monitored by video security cameras in the facility;​
4.5 (3) the center's retention and disposal policies and procedures for the video security​
4.6camera recordings required under this section; and​
4.7 (4) the center's policies governing access to the video security camera recordings required​
4.8under this section.​
4.9 Subd. 7.Notices.(a) A licensed child care center must notify all parents and legal​
4.10guardians who apply to enroll or enroll a child in the center about the use of video security​
4.11cameras in the facility. At the time of a child's enrollment, the center must provide parents​
4.12and legal guardians with the video security camera policy required under subdivision 6.​
4.13 (b) A licensed child care center must post a sign at each facility entrance accessible to​
4.14visitors that states: "Video security cameras are present to record persons and activities."​
4.15 Subd. 8.Data practices.Video footage collected or maintained by the commissioner​
4.16under this section is classified as welfare data under section 13.46.​
4.17 Sec. 2. Minnesota Statutes 2024, section 142D.23, subdivision 3, is amended to read:​
4.18 Subd. 3.Eligible uses of money.Grantees must use money received under this section,​
4.19either directly or through grants to eligible child care providers, for one or more of the​
4.20following purposes:​
4.21 (1) the purchase of computers or mobile devices for use in business management;​
4.22 (2) access to the Internet through the provision of necessary hardware such as routers​
4.23or modems or by covering the costs of monthly fees for Internet access;​
4.24 (3) covering the costs of subscription to child care management software;​
4.25 (4) covering the costs of training in the use of technology for business management​
4.26purposes; or​
4.27 (5) covering the costs of video security cameras and related training required for licensed​
4.28child care centers under section 142B.68; or​
4.29 (5) (6) other services as determined by the commissioner.​
4​Sec. 2.​
REVISOR	DTT	H1915-1​HF1915 FIRST ENGROSSMENT​ 5.1 Sec. 3. APPROPRIATION; CHILD CARE PROVIDER ACCESS TO​
5.2TECHNOLOGY GRANTS.​
5.3 $250,000 in fiscal year 2026 and $250,000 in fiscal year 2027 are appropriated from the​
5.4general fund to the commissioner of children, youth, and families for the child care provider​
5.5access to technology grants program under Minnesota Statutes, section 142D.23, subdivision​
5.63, clause (5). The base for this appropriation is $250,000 in fiscal year 2028 and beyond.​
5.7Notwithstanding Minnesota Statutes, section 16B.98, subdivision 14, the amount for​
5.8administrative costs under this paragraph is $0.​
5​Sec. 3.​
REVISOR	DTT	H1915-1​HF1915 FIRST ENGROSSMENT​