Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2191 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to children; modifying licensing and certification regulations relating to​
33 1.3 children and families; amending Minnesota Statutes 2024, sections 142B.10,​
44 1.4 subdivision 14; 142B.30, subdivision 1; 142B.51, subdivision 2; 142B.65,​
55 1.5 subdivision 8; 142B.66, subdivision 3; 142B.70, subdivision 7; 142C.06, by adding​
66 1.6 a subdivision; 142C.11, subdivision 8; 142C.12, subdivision 1; 245A.18,​
77 1.7 subdivision 1.​
88 1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
99 1.9 Section 1. Minnesota Statutes 2024, section 142B.10, subdivision 14, is amended to read:​
1010 1.10 Subd. 14.Grant of license; license extension.(a) If the commissioner determines that​
1111 1.11the program complies with all applicable rules and laws, the commissioner shall issue a​
1212 1.12license consistent with this section or, if applicable, a temporary change of ownership license​
1313 1.13under section 142B.11. At minimum, the license shall state:​
1414 1.14 (1) the name of the license holder;​
1515 1.15 (2) the address of the program;​
1616 1.16 (3) the effective date and expiration date of the license;​
1717 1.17 (4) the type of license;​
1818 1.18 (5) the maximum number and ages of persons that may receive services from the program;​
1919 1.19and​
2020 1.20 (6) any special conditions of licensure.​
2121 1.21 (b) The commissioner may issue a license for a period not to exceed two years if:​
2222 1​Section 1.​
2323 REVISOR EB/HL 25-00347​02/19/25 ​
2424 State of Minnesota​
2525 This Document can be made available​
2626 in alternative formats upon request​
2727 HOUSE OF REPRESENTATIVES​
2828 H. F. No. 2191​
2929 NINETY-FOURTH SESSION​
3030 Authored by Gillman​03/12/2025​
3131 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,​
3232 2.2paragraph (a), clause (3), because the program is not yet operational;​
3333 2.3 (2) certain records and documents are not available because persons are not yet receiving​
3434 2.4services from the program; and​
3535 2.5 (3) the applicant complies with applicable laws and rules in all other respects.​
3636 2.6 (c) A decision by the commissioner to issue a license does not guarantee that any person​
3737 2.7or persons will be placed or cared for in the licensed program.​
3838 2.8 (d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a​
3939 2.9license if the applicant, license holder, or an affiliated controlling individual has:​
4040 2.10 (1) been disqualified and the disqualification was not set aside and no variance has been​
4141 2.11granted;​
4242 2.12 (2) been denied a license under this chapter or chapter 245A within the past two years;​
4343 2.13 (3) had a license issued under this chapter or chapter 245A revoked within the past five​
4444 2.14years; or​
4545 2.15 (4) failed to submit the information required of an applicant under subdivision 1,​
4646 2.16paragraph (f), (g), or (h), after being requested by the commissioner.​
4747 2.17 When a license issued under this chapter or chapter 245A is revoked, the license holder​
4848 2.18and each affiliated controlling individual with a revoked license may not hold any license​
4949 2.19under chapter 142B for five years following the revocation, and other licenses held by the​
5050 2.20applicant or license holder or licenses affiliated with each controlling individual shall also​
5151 2.21be revoked.​
5252 2.22 (e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license​
5353 2.23affiliated with a license holder or controlling individual that had a license revoked within​
5454 2.24the past five years if the commissioner determines that (1) the license holder or controlling​
5555 2.25individual is operating the program in substantial compliance with applicable laws and rules​
5656 2.26and (2) the program's continued operation is in the best interests of the community being​
5757 2.27served.​
5858 2.28 (f) Notwithstanding paragraph (d), the commissioner may issue a new license in response​
5959 2.29to an application that is affiliated with an applicant, license holder, or controlling individual​
6060 2.30that had an application denied within the past two years or a license revoked within the past​
6161 2.31five years if the commissioner determines that (1) the applicant or controlling individual​
6262 2​Section 1.​
6363 REVISOR EB/HL 25-00347​02/19/25 ​ 3.1has operated one or more programs in substantial compliance with applicable laws and rules​
6464 3.2and (2) the program's operation would be in the best interests of the community to be served.​
6565 3.3 (g) In determining whether a program's operation would be in the best interests of the​
6666 3.4community to be served, the commissioner shall consider factors such as the number of​
6767 3.5persons served, the availability of alternative services available in the surrounding​
6868 3.6community, the management structure of the program, whether the program provides​
6969 3.7culturally specific services, and other relevant factors.​
7070 3.8 (h) The commissioner shall not issue or reissue a license under this chapter if an individual​
7171 3.9living in the household where the services will be provided as specified under section​
7272 3.10245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside​
7373 3.11and no variance has been granted.​
7474 3.12 (i) Pursuant to section 142B.18, subdivision 1, paragraph (b), when a license issued​
7575 3.13under this chapter has been suspended or revoked and the suspension or revocation is under​
7676 3.14appeal, the program may continue to operate pending a final order from the commissioner.​
7777 3.15If the license under suspension or revocation will expire before a final order is issued, a​
7878 3.16temporary provisional license may be issued provided any applicable license fee is paid​
7979 3.17before the temporary provisional license is issued.​
8080 3.18 (j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of​
8181 3.19a controlling individual or license holder, and the controlling individual or license holder​
8282 3.20is ordered under section 245C.17 to be immediately removed from direct contact with​
8383 3.21persons receiving services or is ordered to be under continuous, direct supervision when​
8484 3.22providing direct contact services, the program may continue to operate only if the program​
8585 3.23complies with the order and submits documentation demonstrating compliance with the​
8686 3.24order. If the disqualified individual fails to submit a timely request for reconsideration, or​
8787 3.25if the disqualification is not set aside and no variance is granted, the order to immediately​
8888 3.26remove the individual from direct contact or to be under continuous, direct supervision​
8989 3.27remains in effect pending the outcome of a hearing and final order from the commissioner.​
9090 3.28 (k) For purposes of reimbursement for meals only, under the Child and Adult Care Food​
9191 3.29Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226,​
9292 3.30relocation within the same county by a licensed family day care provider, shall be considered​
9393 3.31an extension of the license for a period of no more than 30 calendar days or until the new​
9494 3.32license is issued, whichever occurs first, provided the county agency has determined the​
9595 3.33family day care provider meets licensure requirements at the new location.​
9696 3​Section 1.​
9797 REVISOR EB/HL 25-00347​02/19/25 ​ 4.1 (l) Unless otherwise specified by statute, all licenses issued under this chapter expire at​
9898 4.212:01 a.m. on the day after the expiration date stated on the license. A license holder must​
9999 4.3apply for and be granted comply with the requirements in section 142B.12 and be reissued​
100100 4.4a new license to operate the program or the program must not be operated after the expiration​
101101 4.5date. Child foster care license holders must apply for and be granted a new license to operate​
102102 4.6the program or the program must not be operated after the expiration date. Upon​
103103 4.7implementation of the provider licensing and reporting hub, licenses may be issued each​
104104 4.8calendar year.​
105105 4.9 (m) The commissioner shall not issue or reissue a license under this chapter if it has​
106106 4.10been determined that a tribal licensing authority has established jurisdiction to license the​
107107 4.11program or service.​
108108 4.12 (n) The commissioner of children, youth, and families shall coordinate and share data​
109109 4.13with the commissioner of human services to enforce this section.​
110110 4.14 Sec. 2. Minnesota Statutes 2024, section 142B.30, subdivision 1, is amended to read:​
111111 4.15 Subdivision 1.Delegation of authority to agencies.(a) County agencies and private​
112112 4.16agencies that have been designated or licensed by the commissioner to perform licensing​
113113 4.17functions and activities under section 142B.10; to recommend denial of applicants under​
114114 4.18section 142B.15; to issue correction orders, to issue variances, and to recommend a​
115115 4.19conditional license under section 142B.16; or to recommend suspending or revoking a​
116116 4.20license or issuing a fine under section 142B.18, shall comply with rules and directives of​
117117 4.21the commissioner governing those functions and with this section. The following variances​
118118 4.22are excluded from the delegation of variance authority and may be issued only by the​
119119 4.23commissioner:​
120120 4.24 (1) dual licensure of family child care and family child foster care;​
121121 4.25 (2) child foster care maximum age requirement;​
122122 4.26 (3) variances regarding disqualified individuals;​
123123 4.27 (4) variances to requirements relating to chemical use problems of a license holder or a​
124124 4.28household member of a license holder; and​
125125 4.29 (5) variances to section 142B.74 for a time-limited period. If the commissioner grants​
126126 4.30a variance under this clause, the license holder must provide notice of the variance to all​
127127 4.31parents and guardians of the children in care.​
128128 4​Sec. 2.​
129129 REVISOR EB/HL 25-00347​02/19/25 ​ 5.1 (b) The commissioners of human services and children, youth, and families must both​
130130 5.2approve a variance for dual licensure of family child foster care and family adult foster care​
131131 5.3or family adult foster care and family child care. Variances under this paragraph are excluded​
132132 5.4from the delegation of variance authority and may be issued only by both commissioners.​
133133 5.5 (c) Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency​
134134 5.6must not grant a license holder a variance to exceed the maximum allowable family child​
135135 5.7care license capacity of 14 children.​
136136 5.8 (d) A county agency that has been designated by the commissioner to issue family child​
137137 5.9care variances must:​
138138 5.10 (1) publish the county agency's policies and criteria for issuing variances on the county's​
139139 5.11public website and update the policies as necessary; and​
140140 5.12 (2) annually distribute the county agency's policies and criteria for issuing variances to​
141141 5.13all family child care license holders in the county.​
142142 5.14 (e) Before the implementation of NETStudy 2.0, county agencies must report information​
143143 5.15about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision​
144144 5.162, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the​
145145 5.17commissioner at least monthly in a format prescribed by the commissioner.​
146146 5.18 (f) For family child care programs, the commissioner shall require a county agency to​
147147 5.19conduct one unannounced licensing review at least annually.​
148148 5.20 (g) A child foster care license issued under this section may be issued for up to two years​
149149 5.21until implementation of the provider licensing and reporting hub. Upon implementation of​
150150 5.22the provider licensing and reporting hub, licenses may be issued each calendar year.​
151151 5.23 (h) A county agency shall report to the commissioner, in a manner prescribed by the​
152152 5.24commissioner, the following information for a licensed family child care program:​
153153 5.25 (1) the results of each licensing review completed, including the date of the review, and​
154154 5.26any licensing correction order issued;​
155155 5.27 (2) any death, serious injury, or determination of substantiated maltreatment; and​
156156 5.28 (3) any fires that require the service of a fire department within 48 hours of the fire. The​
157157 5.29information under this clause must also be reported to the state fire marshal within two​
158158 5.30business days of receiving notice from a licensed family child care provider.​
159159 5​Sec. 2.​
160160 REVISOR EB/HL 25-00347​02/19/25 ​ 6.1 Sec. 3. Minnesota Statutes 2024, section 142B.51, subdivision 2, is amended to read:​
161161 6.2 Subd. 2.Child passenger restraint systems; training requirement.(a) Programs​
162162 6.3licensed by the Department of Human Services under chapter 245A or the Department of​
163163 6.4Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that​
164164 6.5serve a child or children under eight nine years of age must document training that fulfills​
165165 6.6the requirements in this subdivision.​
166166 6.7 (b) Before a license holder, staff person, or caregiver transports a child or children under​
167167 6.8age eight nine in a motor vehicle, the person transporting the child must satisfactorily​
168168 6.9complete training on the proper use and installation of child restraint systems in motor​
169169 6.10vehicles. Training completed under this section may be used to meet initial or ongoing​
170170 6.11training under Minnesota Rules, part 2960.3070, subparts 1 and 2.​
171171 6.12 (c) Training required under this section must be completed at orientation or initial training​
172172 6.13and repeated at least once every five years. At a minimum, the training must address the​
173173 6.14proper use of child restraint systems based on the child's size, weight, and age, and the​
174174 6.15proper installation of a car seat or booster seat in the motor vehicle used by the license​
175175 6.16holder to transport the child or children.​
176176 6.17 (d) Training under paragraph (c) must be provided by individuals who are certified and​
177177 6.18approved by the Office of Traffic Safety within the Department of Public Safety. License​
178178 6.19holders may obtain a list of certified and approved trainers through the Department of Public​
179179 6.20Safety website or by contacting the agency.​
180180 6.21 (e) Notwithstanding paragraph (a), for an emergency relative placement under section​
181181 6.22142B.06, the commissioner may grant a variance to the training required by this subdivision​
182182 6.23for a relative who completes a child seat safety check up. The child seat safety check up​
183183 6.24trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and​
184184 6.25must provide one-on-one instruction on placing a child of a specific age in the exact child​
185185 6.26passenger restraint in the motor vehicle in which the child will be transported. Once granted​
186186 6.27a variance, and if all other licensing requirements are met, the relative applicant may receive​
187187 6.28a license and may transport a relative foster child younger than eight years of age. A child​
188188 6.29seat safety check up must be completed each time a child requires a different size car seat​
189189 6.30according to car seat and vehicle manufacturer guidelines. A relative license holder must​
190190 6.31complete training that meets the other requirements of this subdivision prior to placement​
191191 6.32of another foster child younger than eight years of age in the home or prior to the renewal​
192192 6.33of the child foster care license.​
193193 6.34 EFFECTIVE DATE.This section is effective January 1, 2026.​
194194 6​Sec. 3.​
195195 REVISOR EB/HL 25-00347​02/19/25 ​ 7.1 Sec. 4. Minnesota Statutes 2024, section 142B.65, subdivision 8, is amended to read:​
196196 7.2 Subd. 8.Child passenger restraint systems; training requirement.(a) Before a license​
197197 7.3holder transports a child or children under age eight nine in a motor vehicle, the person​
198198 7.4placing the child or children in a passenger restraint must satisfactorily complete training​
199199 7.5on the proper use and installation of child restraint systems in motor vehicles.​
200200 7.6 (b) Training required under this subdivision must be repeated at least once every five​
201201 7.7years. At a minimum, the training must address the proper use of child restraint systems​
202202 7.8based on the child's size, weight, and age, and the proper installation of a car seat or booster​
203203 7.9seat in the motor vehicle used by the license holder to transport the child or children.​
204204 7.10 (c) Training required under this subdivision must be provided by individuals who are​
205205 7.11certified and approved by the Department of Public Safety, Office of Traffic Safety. License​
206206 7.12holders may obtain a list of certified and approved trainers through the Department of Public​
207207 7.13Safety website or by contacting the agency.​
208208 7.14 (d) Child care providers that only transport school-age children as defined in section​
209209 7.15142B.01, subdivision 25, in child care buses as defined in section 169.448, subdivision 1,​
210210 7.16paragraph (e), are exempt from this subdivision.​
211211 7.17 (e) Training completed under this subdivision may be used to meet in-service training​
212212 7.18requirements under subdivision 9. Training completed within the previous five years is​
213213 7.19transferable upon a staff person's change in employment to another child care center.​
214214 7.20 EFFECTIVE DATE.This section is effective January 1, 2026.​
215215 7.21 Sec. 5. Minnesota Statutes 2024, section 142B.66, subdivision 3, is amended to read:​
216216 7.22 Subd. 3.Emergency preparedness.(a) A licensed child care center must have a written​
217217 7.23emergency plan for emergencies that require evacuation, sheltering, or other protection of​
218218 7.24a child, such as fire, natural disaster, intruder, or other threatening situation that may pose​
219219 7.25a health or safety hazard to a child. The plan must be written on a form developed by the​
220220 7.26commissioner and must include:​
221221 7.27 (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;​
222222 7.28 (2) a designated relocation site and evacuation route;​
223223 7.29 (3) procedures for notifying a child's parent or legal guardian of the evacuation, relocation,​
224224 7.30shelter-in-place, or lockdown, including procedures for reunification with families;​
225225 7.31 (4) accommodations for a child with a disability or a chronic medical condition;​
226226 7​Sec. 5.​
227227 REVISOR EB/HL 25-00347​02/19/25 ​ 8.1 (5) procedures for storing a child's medically necessary medicine that facilitates easy​
228228 8.2removal during an evacuation or relocation;​
229229 8.3 (6) procedures for continuing operations in the period during and after a crisis;​
230230 8.4 (7) procedures for communicating with local emergency management officials, law​
231231 8.5enforcement officials, or other appropriate state or local authorities; and​
232232 8.6 (8) accommodations for infants and toddlers.​
233233 8.7 (b) The license holder must train staff persons on the emergency plan at orientation,​
234234 8.8when changes are made to the plan, and at least once each calendar year. Training must be​
235235 8.9documented in each staff person's personnel file.​
236236 8.10 (c) The license holder must conduct drills according to the requirements in Minnesota​
237237 8.11Rules, part 9503.0110, subpart 3. The date and time of the drills must be documented.​
238238 8.12 (d) The license holder must review and update the emergency plan annually each calendar​
239239 8.13year. Documentation of the annual yearly emergency plan review shall be maintained in​
240240 8.14the program's administrative records.​
241241 8.15 (e) The license holder must include the emergency plan in the program's policies and​
242242 8.16procedures as specified under section 142B.10, subdivision 21. The license holder must​
243243 8.17provide a physical or electronic copy of the emergency plan to the child's parent or legal​
244244 8.18guardian upon enrollment.​
245245 8.19 (f) The relocation site and evacuation route must be posted in a visible place as part of​
246246 8.20the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140,​
247247 8.21subpart 21.​
248248 8.22 Sec. 6. Minnesota Statutes 2024, section 142B.70, subdivision 7, is amended to read:​
249249 8.23 Subd. 7.Child passenger restraint systems; training requirement.(a) A license​
250250 8.24holder must comply with all seat belt and child passenger restraint system requirements​
251251 8.25under section 169.685.​
252252 8.26 (b) Family and group family child care programs licensed by the Department of Children,​
253253 8.27Youth, and Families that serve a child or children under eight nine years of age must​
254254 8.28document training that fulfills the requirements in this subdivision.​
255255 8.29 (1) Before a license holder, second adult caregiver, substitute, or helper transports a​
256256 8.30child or children under age eight nine in a motor vehicle, the person placing the child or​
257257 8.31children in a passenger restraint must satisfactorily complete training on the proper use and​
258258 8.32installation of child restraint systems in motor vehicles. Training completed under this​
259259 8​Sec. 6.​
260260 REVISOR EB/HL 25-00347​02/19/25 ​ 9.1subdivision may be used to meet initial training under subdivision 1 or ongoing training​
261261 9.2under subdivision 8.​
262262 9.3 (2) Training required under this subdivision must be at least one hour in length, completed​
263263 9.4at initial training, and repeated at least once every five years. At a minimum, the training​
264264 9.5must address the proper use of child restraint systems based on the child's size, weight, and​
265265 9.6age, and the proper installation of a car seat or booster seat in the motor vehicle used by the​
266266 9.7license holder to transport the child or children.​
267267 9.8 (3) Training under this subdivision must be provided by individuals who are certified​
268268 9.9and approved by the Department of Public Safety, Office of Traffic Safety. License holders​
269269 9.10may obtain a list of certified and approved trainers through the Department of Public Safety​
270270 9.11website or by contacting the agency.​
271271 9.12 (c) Child care providers that only transport school-age children as defined in section​
272272 9.13142B.01, subdivision 13, paragraph (f), in child care buses as defined in section 169.448,​
273273 9.14subdivision 1, paragraph (e), are exempt from this subdivision.​
274274 9.15 EFFECTIVE DATE.This section is effective January 1, 2026.​
275275 9.16 Sec. 7. Minnesota Statutes 2024, section 142C.06, is amended by adding a subdivision to​
276276 9.17read:​
277277 9.18 Subd. 4.Requirement to post conditional certification.Upon receipt of any order of​
278278 9.19conditional certification issued by the commissioner under this section, and notwithstanding​
279279 9.20a pending request for reconsideration of the order of conditional certification by the​
280280 9.21certification holder, the certification holder shall post the order of conditional certification​
281281 9.22in a place that is conspicuous to the people receiving services and all visitors to the facility​
282282 9.23for the duration of the conditional certification. When the order of conditional certification​
283283 9.24is accompanied by a maltreatment investigation memorandum prepared under chapter 260E,​
284284 9.25the investigation memoranda must be posted with the order of conditional certification.​
285285 9.26 Sec. 8. Minnesota Statutes 2024, section 142C.11, subdivision 8, is amended to read:​
286286 9.27 Subd. 8.Required policies.A certified center must have written policies for health and​
287287 9.28safety items in subdivisions 1 to 6, 9, and 10.​
288288 9.29 Sec. 9. Minnesota Statutes 2024, section 142C.12, subdivision 1, is amended to read:​
289289 9.30 Subdivision 1.First aid and cardiopulmonary resuscitation.(a) Before having​
290290 9.31unsupervised direct contact with a child, but within 90 days after the first date of direct​
291291 9​Sec. 9.​
292292 REVISOR EB/HL 25-00347​02/19/25 ​ 10.1contact with a child, the director, all staff persons, substitutes, and unsupervised volunteers​
293293 10.2must successfully complete pediatric first aid and pediatric cardiopulmonary resuscitation​
294294 10.3(CPR) training, unless the training has been completed within the previous two calendar​
295295 10.4years. Staff must complete the pediatric first aid and pediatric CPR training at least every​
296296 10.5other calendar year and the center must document the training in the staff person's personnel​
297297 10.6record.​
298298 10.7 (b) Training completed under this subdivision may be used to meet the in-service training​
299299 10.8requirements under subdivision 6.​
300300 10.9 (c) Training must include CPR and techniques for providing immediate care to people​
301301 10.10experiencing life-threatening cardiac emergencies, choking, bleeding, fractures and sprains,​
302302 10.11head injuries, poisoning, and burns. Training developed by the American Heart Association,​
303303 10.12the American Red Cross, or another organization that uses nationally recognized,​
304304 10.13evidence-based guidelines meets these requirements.​
305305 10.14 EFFECTIVE DATE.This section is effective January 1, 2026.​
306306 10.15Sec. 10. Minnesota Statutes 2024, section 245A.18, subdivision 1, is amended to read:​
307307 10.16 Subdivision 1.Seat belt and child passenger restraint system use.All license holders​
308308 10.17that transport children must comply with the requirements of section 142B.51, subdivision​
309309 10.181, and license holders that transport a child or children under eight nine years of age must​
310310 10.19document training that fulfills the requirements in section 142B.51, subdivision 2.​
311311 10.20 EFFECTIVE DATE.This section is effective January 1, 2026.​
312312 10​Sec. 10.​
313313 REVISOR EB/HL 25-00347​02/19/25 ​