1 | 1 | | 1.1 A bill for an act |
---|
2 | 2 | | 1.2 relating to child care; modifying child care conditional license requirements; |
---|
3 | 3 | | 1.3 directing the commissioner to create standardized visit time lines and requirements; |
---|
4 | 4 | | 1.4 amending the definition of education; creating a background study liaison; |
---|
5 | 5 | | 1.5 appropriating money; amending Minnesota Statutes 2024, section 142B.16, |
---|
6 | 6 | | 1.6 subdivision 1. |
---|
7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
---|
8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 142B.16, subdivision 1, is amended to read: |
---|
9 | 9 | | 1.9 Subdivision 1.Contents of correction orders and conditional licenses.(a) If the |
---|
10 | 10 | | 1.10commissioner finds that the applicant or license holder has failed to comply with an |
---|
11 | 11 | | 1.11applicable law or rule and this failure does not imminently endanger the health, safety, or |
---|
12 | 12 | | 1.12rights of the persons served by the program, the commissioner may issue a correction order |
---|
13 | 13 | | 1.13and an order of conditional license to the applicant or license holder. When issuing a |
---|
14 | 14 | | 1.14conditional license, the commissioner shall consider the nature, chronicity, or severity of |
---|
15 | 15 | | 1.15the violation of law or rule and the effect of the violation on the health, safety, or rights of |
---|
16 | 16 | | 1.16persons served by the program. The correction order or conditional license must state the |
---|
17 | 17 | | 1.17following in plain language: |
---|
18 | 18 | | 1.18 (1) the specific factual conditions observed by the licensor that constitute a violation of |
---|
19 | 19 | | 1.19the law or rule; |
---|
20 | 20 | | 1.20 (2) the specific law or rule violated; |
---|
21 | 21 | | 1.21 (3) the time allowed to correct each violation; and |
---|
22 | 22 | | 1.22 (4) if a license is made conditional, the length and terms of the conditional license, and |
---|
23 | 23 | | 1.23the reasons for making the license conditional. |
---|
24 | 24 | | 1Section 1. |
---|
25 | 25 | | REVISOR DTT/MI 25-0235602/06/25 |
---|
26 | 26 | | State of Minnesota |
---|
27 | 27 | | This Document can be made available |
---|
28 | 28 | | in alternative formats upon request |
---|
29 | 29 | | HOUSE OF REPRESENTATIVES |
---|
30 | 30 | | H. F. No. 2617 |
---|
31 | 31 | | NINETY-FOURTH SESSION |
---|
32 | 32 | | Authored by Coulter, Nadeau and Kotyza-Witthuhn03/20/2025 |
---|
33 | 33 | | The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy 2.1 (b) Nothing in this section prohibits the commissioner from proposing a sanction as |
---|
34 | 34 | | 2.2specified in section 142B.18, prior to issuing a correction order or conditional license. |
---|
35 | 35 | | 2.3 (c) The commissioner may issue a correction order and an order of conditional license |
---|
36 | 36 | | 2.4to the applicant or license holder through the provider licensing and reporting hub. |
---|
37 | 37 | | 2.5 (d) Notwithstanding paragraph (a), if the commissioner finds that the applicant or license |
---|
38 | 38 | | 2.6holder has failed to comply with an applicable law or rule and this failure does not imminently |
---|
39 | 39 | | 2.7endanger the health, safety, or rights of the persons served by the program, the commissioner |
---|
40 | 40 | | 2.8must only provide technical assistance to help correct the violation. If upon a subsequent |
---|
41 | 41 | | 2.9inspection, the commissioner finds that the applicant or license holder has failed to correct |
---|
42 | 42 | | 2.10the violation or has violated the same applicable law or rule again, the commissioner may |
---|
43 | 43 | | 2.11issue a correction order and an order of conditional license to the applicant or license holder. |
---|
44 | 44 | | 2.12This paragraph only applies to licensed child care centers and licensed family child care |
---|
45 | 45 | | 2.13providers. |
---|
46 | 46 | | 2.14 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
47 | 47 | | 2.15 Sec. 2. DIRECTION TO COMMISSIONER; STANDARDIZED LICENSING VISIT |
---|
48 | 48 | | 2.16TIME LINES AND REQUIREMENTS. |
---|
49 | 49 | | 2.17 The commissioner of children, youth, and families must work with stakeholders to |
---|
50 | 50 | | 2.18develop and implement a standardized time line and standards of licensor conduct for |
---|
51 | 51 | | 2.19inspections of licensed family child care providers and licensed child care centers. The time |
---|
52 | 52 | | 2.20line and standards developed by the commissioner must clearly identify: |
---|
53 | 53 | | 2.21 (1) the steps of a licensing visit; |
---|
54 | 54 | | 2.22 (2) the requirements expected of licensors and license holders before, during, and after |
---|
55 | 55 | | 2.23the visit; |
---|
56 | 56 | | 2.24 (3) the standards of conduct that licensors must follow during a visit; |
---|
57 | 57 | | 2.25 (4) the rights of license holders; |
---|
58 | 58 | | 2.26 (5) when and how license holders can request technical assistance; and |
---|
59 | 59 | | 2.27 (6) how license holders can request additional review of an issue related to the visit from |
---|
60 | 60 | | 2.28someone other than the assigned licensor. |
---|
61 | 61 | | 2.29The time line and standards must be implemented by January 1, 2026. |
---|
62 | 62 | | 2Sec. 2. |
---|
63 | 63 | | REVISOR DTT/MI 25-0235602/06/25 3.1 Sec. 3. DIRECTION TO COMMISSIONER; AMENDING THE DEFINITION OF |
---|
64 | 64 | | 3.2EDUCATION. |
---|
65 | 65 | | 3.3 The commissioner of children, youth, and families must amend Minnesota Rules, part |
---|
66 | 66 | | 3.49503.0030, subpart 1, item B, to include any accredited course work from an accredited |
---|
67 | 67 | | 3.5postsecondary institution that can reasonably be shown to be relevant to any skill necessary |
---|
68 | 68 | | 3.6to meet the qualifications of a teacher. |
---|
69 | 69 | | 3.7 EFFECTIVE DATE.This section is effective the day following final enactment. |
---|
70 | 70 | | 3.8 Sec. 4. DIRECTION TO COMMISSIONER; BACKGROUND STUDY LIAISON. |
---|
71 | 71 | | 3.9 By August 1, 2025, the commissioner of children, youth, and families must assign a |
---|
72 | 72 | | 3.10designated and permanent child care background study liaison within the Department of |
---|
73 | 73 | | 3.11Children, Youth, and Families who is able to timely communicate with licensed child care |
---|
74 | 74 | | 3.12centers and family child care license holders about the background study process. The liaison |
---|
75 | 75 | | 3.13must be responsible for helping ensure license holders receive accurate and timely |
---|
76 | 76 | | 3.14information about the status of submitted background studies and for communicating to the |
---|
77 | 77 | | 3.15commissioner any changes that are necessary to better facilitate the timely processing of |
---|
78 | 78 | | 3.16the studies. |
---|
79 | 79 | | 3.17 Sec. 5. APPROPRIATION; STANDARDIZED LICENSING VISIT TIME LINES. |
---|
80 | 80 | | 3.18 $50,000 in fiscal year 2026 is appropriated from the general fund to the commissioner |
---|
81 | 81 | | 3.19of children, youth, and families to develop and implement standardized licensing visit time |
---|
82 | 82 | | 3.20lines and requirements for inspections of family child care programs and child care centers. |
---|
83 | 83 | | 3.21This is a onetime appropriation. |
---|
84 | 84 | | 3Sec. 5. |
---|
85 | 85 | | REVISOR DTT/MI 25-0235602/06/25 |
---|