1.1 A bill for an act
1.2 relating to children; modifying licensing and certification regulations relating to
1.3 children and families; amending Minnesota Statutes 2024, sections 142B.10,
1.4 subdivision 14; 142B.30, subdivision 1; 142B.51, subdivision 2; 142B.65,
1.5 subdivision 8; 142B.66, subdivision 3; 142B.70, subdivision 7; 142C.06, by adding
1.6 a subdivision; 142C.11, subdivision 8; 142C.12, subdivision 1; 245A.18,
1.7 subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2024, section 142B.10, subdivision 14, is amended to read:
1.10 Subd. 14.Grant of license; license extension.(a) If the commissioner determines that
1.11the program complies with all applicable rules and laws, the commissioner shall issue a
1.12license consistent with this section or, if applicable, a temporary change of ownership license
1.13under section 142B.11. At minimum, the license shall state:
1.14 (1) the name of the license holder;
1.15 (2) the address of the program;
1.16 (3) the effective date and expiration date of the license;
1.17 (4) the type of license;
1.18 (5) the maximum number and ages of persons that may receive services from the program;
1.19and
1.20 (6) any special conditions of licensure.
1.21 (b) The commissioner may issue a license for a period not to exceed two years if:
1Section 1.
REVISOR EB/HL 25-0034702/19/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2191
NINETY-FOURTH SESSION
Authored by Gillman03/12/2025
The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy 2.1 (1) the commissioner is unable to conduct the observation required by subdivision 11,
2.2paragraph (a), clause (3), because the program is not yet operational;
2.3 (2) certain records and documents are not available because persons are not yet receiving
2.4services from the program; and
2.5 (3) the applicant complies with applicable laws and rules in all other respects.
2.6 (c) A decision by the commissioner to issue a license does not guarantee that any person
2.7or persons will be placed or cared for in the licensed program.
2.8 (d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a
2.9license if the applicant, license holder, or an affiliated controlling individual has:
2.10 (1) been disqualified and the disqualification was not set aside and no variance has been
2.11granted;
2.12 (2) been denied a license under this chapter or chapter 245A within the past two years;
2.13 (3) had a license issued under this chapter or chapter 245A revoked within the past five
2.14years; or
2.15 (4) failed to submit the information required of an applicant under subdivision 1,
2.16paragraph (f), (g), or (h), after being requested by the commissioner.
2.17 When a license issued under this chapter or chapter 245A is revoked, the license holder
2.18and each affiliated controlling individual with a revoked license may not hold any license
2.19under chapter 142B for five years following the revocation, and other licenses held by the
2.20applicant or license holder or licenses affiliated with each controlling individual shall also
2.21be revoked.
2.22 (e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
2.23affiliated with a license holder or controlling individual that had a license revoked within
2.24the past five years if the commissioner determines that (1) the license holder or controlling
2.25individual is operating the program in substantial compliance with applicable laws and rules
2.26and (2) the program's continued operation is in the best interests of the community being
2.27served.
2.28 (f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
2.29to an application that is affiliated with an applicant, license holder, or controlling individual
2.30that had an application denied within the past two years or a license revoked within the past
2.31five years if the commissioner determines that (1) the applicant or controlling individual
2Section 1.
REVISOR EB/HL 25-0034702/19/25 3.1has operated one or more programs in substantial compliance with applicable laws and rules
3.2and (2) the program's operation would be in the best interests of the community to be served.
3.3 (g) In determining whether a program's operation would be in the best interests of the
3.4community to be served, the commissioner shall consider factors such as the number of
3.5persons served, the availability of alternative services available in the surrounding
3.6community, the management structure of the program, whether the program provides
3.7culturally specific services, and other relevant factors.
3.8 (h) The commissioner shall not issue or reissue a license under this chapter if an individual
3.9living in the household where the services will be provided as specified under section
3.10245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
3.11and no variance has been granted.
3.12 (i) Pursuant to section 142B.18, subdivision 1, paragraph (b), when a license issued
3.13under this chapter has been suspended or revoked and the suspension or revocation is under
3.14appeal, the program may continue to operate pending a final order from the commissioner.
3.15If the license under suspension or revocation will expire before a final order is issued, a
3.16temporary provisional license may be issued provided any applicable license fee is paid
3.17before the temporary provisional license is issued.
3.18 (j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of
3.19a controlling individual or license holder, and the controlling individual or license holder
3.20is ordered under section 245C.17 to be immediately removed from direct contact with
3.21persons receiving services or is ordered to be under continuous, direct supervision when
3.22providing direct contact services, the program may continue to operate only if the program
3.23complies with the order and submits documentation demonstrating compliance with the
3.24order. If the disqualified individual fails to submit a timely request for reconsideration, or
3.25if the disqualification is not set aside and no variance is granted, the order to immediately
3.26remove the individual from direct contact or to be under continuous, direct supervision
3.27remains in effect pending the outcome of a hearing and final order from the commissioner.
3.28 (k) For purposes of reimbursement for meals only, under the Child and Adult Care Food
3.29Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226,
3.30relocation within the same county by a licensed family day care provider, shall be considered
3.31an extension of the license for a period of no more than 30 calendar days or until the new
3.32license is issued, whichever occurs first, provided the county agency has determined the
3.33family day care provider meets licensure requirements at the new location.
3Section 1.
REVISOR EB/HL 25-0034702/19/25 4.1 (l) Unless otherwise specified by statute, all licenses issued under this chapter expire at
4.212:01 a.m. on the day after the expiration date stated on the license. A license holder must
4.3apply for and be granted comply with the requirements in section 142B.12 and be reissued
4.4a new license to operate the program or the program must not be operated after the expiration
4.5date. Child foster care license holders must apply for and be granted a new license to operate
4.6the program or the program must not be operated after the expiration date. Upon
4.7implementation of the provider licensing and reporting hub, licenses may be issued each
4.8calendar year.
4.9 (m) The commissioner shall not issue or reissue a license under this chapter if it has
4.10been determined that a tribal licensing authority has established jurisdiction to license the
4.11program or service.
4.12 (n) The commissioner of children, youth, and families shall coordinate and share data
4.13with the commissioner of human services to enforce this section.
4.14 Sec. 2. Minnesota Statutes 2024, section 142B.30, subdivision 1, is amended to read:
4.15 Subdivision 1.Delegation of authority to agencies.(a) County agencies and private
4.16agencies that have been designated or licensed by the commissioner to perform licensing
4.17functions and activities under section 142B.10; to recommend denial of applicants under
4.18section 142B.15; to issue correction orders, to issue variances, and to recommend a
4.19conditional license under section 142B.16; or to recommend suspending or revoking a
4.20license or issuing a fine under section 142B.18, shall comply with rules and directives of
4.21the commissioner governing those functions and with this section. The following variances
4.22are excluded from the delegation of variance authority and may be issued only by the
4.23commissioner:
4.24 (1) dual licensure of family child care and family child foster care;
4.25 (2) child foster care maximum age requirement;
4.26 (3) variances regarding disqualified individuals;
4.27 (4) variances to requirements relating to chemical use problems of a license holder or a
4.28household member of a license holder; and
4.29 (5) variances to section 142B.74 for a time-limited period. If the commissioner grants
4.30a variance under this clause, the license holder must provide notice of the variance to all
4.31parents and guardians of the children in care.
4Sec. 2.
REVISOR EB/HL 25-0034702/19/25 5.1 (b) The commissioners of human services and children, youth, and families must both
5.2approve a variance for dual licensure of family child foster care and family adult foster care
5.3or family adult foster care and family child care. Variances under this paragraph are excluded
5.4from the delegation of variance authority and may be issued only by both commissioners.
5.5 (c) Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency
5.6must not grant a license holder a variance to exceed the maximum allowable family child
5.7care license capacity of 14 children.
5.8 (d) A county agency that has been designated by the commissioner to issue family child
5.9care variances must:
5.10 (1) publish the county agency's policies and criteria for issuing variances on the county's
5.11public website and update the policies as necessary; and
5.12 (2) annually distribute the county agency's policies and criteria for issuing variances to
5.13all family child care license holders in the county.
5.14 (e) Before the implementation of NETStudy 2.0, county agencies must report information
5.15about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision
5.162, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the
5.17commissioner at least monthly in a format prescribed by the commissioner.
5.18 (f) For family child care programs, the commissioner shall require a county agency to
5.19conduct one unannounced licensing review at least annually.
5.20 (g) A child foster care license issued under this section may be issued for up to two years
5.21until implementation of the provider licensing and reporting hub. Upon implementation of
5.22the provider licensing and reporting hub, licenses may be issued each calendar year.
5.23 (h) A county agency shall report to the commissioner, in a manner prescribed by the
5.24commissioner, the following information for a licensed family child care program:
5.25 (1) the results of each licensing review completed, including the date of the review, and
5.26any licensing correction order issued;
5.27 (2) any death, serious injury, or determination of substantiated maltreatment; and
5.28 (3) any fires that require the service of a fire department within 48 hours of the fire. The
5.29information under this clause must also be reported to the state fire marshal within two
5.30business days of receiving notice from a licensed family child care provider.
5Sec. 2.
REVISOR EB/HL 25-0034702/19/25 6.1 Sec. 3. Minnesota Statutes 2024, section 142B.51, subdivision 2, is amended to read:
6.2 Subd. 2.Child passenger restraint systems; training requirement.(a) Programs
6.3licensed by the Department of Human Services under chapter 245A or the Department of
6.4Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that
6.5serve a child or children under eight nine years of age must document training that fulfills
6.6the requirements in this subdivision.
6.7 (b) Before a license holder, staff person, or caregiver transports a child or children under
6.8age eight nine in a motor vehicle, the person transporting the child must satisfactorily
6.9complete training on the proper use and installation of child restraint systems in motor
6.10vehicles. Training completed under this section may be used to meet initial or ongoing
6.11training under Minnesota Rules, part 2960.3070, subparts 1 and 2.
6.12 (c) Training required under this section must be completed at orientation or initial training
6.13and repeated at least once every five years. At a minimum, the training must address the
6.14proper use of child restraint systems based on the child's size, weight, and age, and the
6.15proper installation of a car seat or booster seat in the motor vehicle used by the license
6.16holder to transport the child or children.
6.17 (d) Training under paragraph (c) must be provided by individuals who are certified and
6.18approved by the Office of Traffic Safety within the Department of Public Safety. License
6.19holders may obtain a list of certified and approved trainers through the Department of Public
6.20Safety website or by contacting the agency.
6.21 (e) Notwithstanding paragraph (a), for an emergency relative placement under section
6.22142B.06, the commissioner may grant a variance to the training required by this subdivision
6.23for a relative who completes a child seat safety check up. The child seat safety check up
6.24trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
6.25must provide one-on-one instruction on placing a child of a specific age in the exact child
6.26passenger restraint in the motor vehicle in which the child will be transported. Once granted
6.27a variance, and if all other licensing requirements are met, the relative applicant may receive
6.28a license and may transport a relative foster child younger than eight years of age. A child
6.29seat safety check up must be completed each time a child requires a different size car seat
6.30according to car seat and vehicle manufacturer guidelines. A relative license holder must
6.31complete training that meets the other requirements of this subdivision prior to placement
6.32of another foster child younger than eight years of age in the home or prior to the renewal
6.33of the child foster care license.
6.34 EFFECTIVE DATE.This section is effective January 1, 2026.
6Sec. 3.
REVISOR EB/HL 25-0034702/19/25 7.1 Sec. 4. Minnesota Statutes 2024, section 142B.65, subdivision 8, is amended to read:
7.2 Subd. 8.Child passenger restraint systems; training requirement.(a) Before a license
7.3holder transports a child or children under age eight nine in a motor vehicle, the person
7.4placing the child or children in a passenger restraint must satisfactorily complete training
7.5on the proper use and installation of child restraint systems in motor vehicles.
7.6 (b) Training required under this subdivision must be repeated at least once every five
7.7years. At a minimum, the training must address the proper use of child restraint systems
7.8based on the child's size, weight, and age, and the proper installation of a car seat or booster
7.9seat in the motor vehicle used by the license holder to transport the child or children.
7.10 (c) Training required under this subdivision must be provided by individuals who are
7.11certified and approved by the Department of Public Safety, Office of Traffic Safety. License
7.12holders may obtain a list of certified and approved trainers through the Department of Public
7.13Safety website or by contacting the agency.
7.14 (d) Child care providers that only transport school-age children as defined in section
7.15142B.01, subdivision 25, in child care buses as defined in section 169.448, subdivision 1,
7.16paragraph (e), are exempt from this subdivision.
7.17 (e) Training completed under this subdivision may be used to meet in-service training
7.18requirements under subdivision 9. Training completed within the previous five years is
7.19transferable upon a staff person's change in employment to another child care center.
7.20 EFFECTIVE DATE.This section is effective January 1, 2026.
7.21 Sec. 5. Minnesota Statutes 2024, section 142B.66, subdivision 3, is amended to read:
7.22 Subd. 3.Emergency preparedness.(a) A licensed child care center must have a written
7.23emergency plan for emergencies that require evacuation, sheltering, or other protection of
7.24a child, such as fire, natural disaster, intruder, or other threatening situation that may pose
7.25a health or safety hazard to a child. The plan must be written on a form developed by the
7.26commissioner and must include:
7.27 (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
7.28 (2) a designated relocation site and evacuation route;
7.29 (3) procedures for notifying a child's parent or legal guardian of the evacuation, relocation,
7.30shelter-in-place, or lockdown, including procedures for reunification with families;
7.31 (4) accommodations for a child with a disability or a chronic medical condition;
7Sec. 5.
REVISOR EB/HL 25-0034702/19/25 8.1 (5) procedures for storing a child's medically necessary medicine that facilitates easy
8.2removal during an evacuation or relocation;
8.3 (6) procedures for continuing operations in the period during and after a crisis;
8.4 (7) procedures for communicating with local emergency management officials, law
8.5enforcement officials, or other appropriate state or local authorities; and
8.6 (8) accommodations for infants and toddlers.
8.7 (b) The license holder must train staff persons on the emergency plan at orientation,
8.8when changes are made to the plan, and at least once each calendar year. Training must be
8.9documented in each staff person's personnel file.
8.10 (c) The license holder must conduct drills according to the requirements in Minnesota
8.11Rules, part 9503.0110, subpart 3. The date and time of the drills must be documented.
8.12 (d) The license holder must review and update the emergency plan annually each calendar
8.13year. Documentation of the annual yearly emergency plan review shall be maintained in
8.14the program's administrative records.
8.15 (e) The license holder must include the emergency plan in the program's policies and
8.16procedures as specified under section 142B.10, subdivision 21. The license holder must
8.17provide a physical or electronic copy of the emergency plan to the child's parent or legal
8.18guardian upon enrollment.
8.19 (f) The relocation site and evacuation route must be posted in a visible place as part of
8.20the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140,
8.21subpart 21.
8.22 Sec. 6. Minnesota Statutes 2024, section 142B.70, subdivision 7, is amended to read:
8.23 Subd. 7.Child passenger restraint systems; training requirement.(a) A license
8.24holder must comply with all seat belt and child passenger restraint system requirements
8.25under section 169.685.
8.26 (b) Family and group family child care programs licensed by the Department of Children,
8.27Youth, and Families that serve a child or children under eight nine years of age must
8.28document training that fulfills the requirements in this subdivision.
8.29 (1) Before a license holder, second adult caregiver, substitute, or helper transports a
8.30child or children under age eight nine in a motor vehicle, the person placing the child or
8.31children in a passenger restraint must satisfactorily complete training on the proper use and
8.32installation of child restraint systems in motor vehicles. Training completed under this
8Sec. 6.
REVISOR EB/HL 25-0034702/19/25 9.1subdivision may be used to meet initial training under subdivision 1 or ongoing training
9.2under subdivision 8.
9.3 (2) Training required under this subdivision must be at least one hour in length, completed
9.4at initial training, and repeated at least once every five years. At a minimum, the training
9.5must address the proper use of child restraint systems based on the child's size, weight, and
9.6age, and the proper installation of a car seat or booster seat in the motor vehicle used by the
9.7license holder to transport the child or children.
9.8 (3) Training under this subdivision must be provided by individuals who are certified
9.9and approved by the Department of Public Safety, Office of Traffic Safety. License holders
9.10may obtain a list of certified and approved trainers through the Department of Public Safety
9.11website or by contacting the agency.
9.12 (c) Child care providers that only transport school-age children as defined in section
9.13142B.01, subdivision 13, paragraph (f), in child care buses as defined in section 169.448,
9.14subdivision 1, paragraph (e), are exempt from this subdivision.
9.15 EFFECTIVE DATE.This section is effective January 1, 2026.
9.16 Sec. 7. Minnesota Statutes 2024, section 142C.06, is amended by adding a subdivision to
9.17read:
9.18 Subd. 4.Requirement to post conditional certification.Upon receipt of any order of
9.19conditional certification issued by the commissioner under this section, and notwithstanding
9.20a pending request for reconsideration of the order of conditional certification by the
9.21certification holder, the certification holder shall post the order of conditional certification
9.22in a place that is conspicuous to the people receiving services and all visitors to the facility
9.23for the duration of the conditional certification. When the order of conditional certification
9.24is accompanied by a maltreatment investigation memorandum prepared under chapter 260E,
9.25the investigation memoranda must be posted with the order of conditional certification.
9.26 Sec. 8. Minnesota Statutes 2024, section 142C.11, subdivision 8, is amended to read:
9.27 Subd. 8.Required policies.A certified center must have written policies for health and
9.28safety items in subdivisions 1 to 6, 9, and 10.
9.29 Sec. 9. Minnesota Statutes 2024, section 142C.12, subdivision 1, is amended to read:
9.30 Subdivision 1.First aid and cardiopulmonary resuscitation.(a) Before having
9.31unsupervised direct contact with a child, but within 90 days after the first date of direct
9Sec. 9.
REVISOR EB/HL 25-0034702/19/25 10.1contact with a child, the director, all staff persons, substitutes, and unsupervised volunteers
10.2must successfully complete pediatric first aid and pediatric cardiopulmonary resuscitation
10.3(CPR) training, unless the training has been completed within the previous two calendar
10.4years. Staff must complete the pediatric first aid and pediatric CPR training at least every
10.5other calendar year and the center must document the training in the staff person's personnel
10.6record.
10.7 (b) Training completed under this subdivision may be used to meet the in-service training
10.8requirements under subdivision 6.
10.9 (c) Training must include CPR and techniques for providing immediate care to people
10.10experiencing life-threatening cardiac emergencies, choking, bleeding, fractures and sprains,
10.11head injuries, poisoning, and burns. Training developed by the American Heart Association,
10.12the American Red Cross, or another organization that uses nationally recognized,
10.13evidence-based guidelines meets these requirements.
10.14 EFFECTIVE DATE.This section is effective January 1, 2026.
10.15Sec. 10. Minnesota Statutes 2024, section 245A.18, subdivision 1, is amended to read:
10.16 Subdivision 1.Seat belt and child passenger restraint system use.All license holders
10.17that transport children must comply with the requirements of section 142B.51, subdivision
10.181, and license holders that transport a child or children under eight nine years of age must
10.19document training that fulfills the requirements in section 142B.51, subdivision 2.
10.20 EFFECTIVE DATE.This section is effective January 1, 2026.
10Sec. 10.
REVISOR EB/HL 25-0034702/19/25