| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to child care; correcting cross-references in the definition of child care |
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| 3 | 3 | | 1.3 background study subject; amending Minnesota Statutes 2024, section 245C.02, |
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| 4 | 4 | | 1.4 subdivision 6a. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 245C.02, subdivision 6a, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 6a.Child care background study subject.(a) "Child care background study |
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| 8 | 8 | | 1.8subject" means an individual who is affiliated with a licensed child care center, certified |
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| 9 | 9 | | 1.9license-exempt child care center, licensed family child care program, or legal nonlicensed |
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| 10 | 10 | | 1.10child care provider authorized under chapter 142E, and who is: |
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| 11 | 11 | | 1.11 (1) employed by a child care provider for compensation; |
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| 12 | 12 | | 1.12 (2) assisting in the care of a child for a child care provider; |
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| 13 | 13 | | 1.13 (3) a person applying for licensure, certification, or enrollment; |
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| 14 | 14 | | 1.14 (4) a controlling individual as defined in section 245A.02, subdivision 5a; |
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| 15 | 15 | | 1.15 (5) an individual 13 years of age or older who lives in the household where the licensed |
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| 16 | 16 | | 1.16program will be provided and who is not receiving licensed services from the program; |
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| 17 | 17 | | 1.17 (6) an individual ten to 12 years of age who lives in the household where the licensed |
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| 18 | 18 | | 1.18services will be provided when the commissioner has reasonable cause as defined in section |
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| 19 | 19 | | 1.19245C.02, subdivision 15; |
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| 20 | 20 | | 1.20 (7) an individual who, without providing direct contact services at a licensed program, |
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| 21 | 21 | | 1.21certified program, or program authorized under chapter 142E, may have unsupervised access |
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| 22 | 22 | | 1Section 1. |
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| 23 | 23 | | REVISOR DTT/DG 25-0500703/18/25 |
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| 24 | 24 | | State of Minnesota |
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| 25 | 25 | | This Document can be made available |
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| 26 | 26 | | in alternative formats upon request |
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| 27 | 27 | | HOUSE OF REPRESENTATIVES |
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| 28 | 28 | | H. F. No. 2863 |
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| 29 | 29 | | NINETY-FOURTH SESSION |
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| 30 | 30 | | Authored by Kotyza-Witthuhn and West03/26/2025 |
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| 31 | 31 | | The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy 2.1to a child receiving services from a program when the commissioner has reasonable cause |
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| 32 | 32 | | 2.2as defined in section 245C.02, subdivision 15; |
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| 33 | 33 | | 2.3 (8) a volunteer, contractor providing services for hire in the program, prospective |
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| 34 | 34 | | 2.4employee, or other individual who has unsupervised physical access to a child served by a |
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| 35 | 35 | | 2.5program and who is not under supervision by an individual listed in clause (1) or (5), |
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| 36 | 36 | | 2.6regardless of whether the individual provides program services; or |
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| 37 | 37 | | 2.7 (9) an authorized agent in a license-exempt certified child care center as defined in |
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| 38 | 38 | | 2.8section 142C.01, subdivision 3. |
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| 39 | 39 | | 2.9 (b) Notwithstanding paragraph (a), an individual who is providing services that are not |
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| 40 | 40 | | 2.10part of the child care program is not required to have a background study if: |
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| 41 | 41 | | 2.11 (1) the child receiving services is signed out of the child care program for the duration |
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| 42 | 42 | | 2.12that the services are provided; |
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| 43 | 43 | | 2.13 (2) the licensed child care center, certified license-exempt child care center, licensed |
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| 44 | 44 | | 2.14family child care program, or legal nonlicensed child care provider authorized under chapter |
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| 45 | 45 | | 2.15142E has obtained advanced written permission from the parent authorizing the child to |
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| 46 | 46 | | 2.16receive the services, which is maintained in the child's record; |
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| 47 | 47 | | 2.17 (3) the licensed child care center, certified license-exempt child care center, licensed |
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| 48 | 48 | | 2.18family child care program, or legal nonlicensed child care provider authorized under chapter |
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| 49 | 49 | | 2.19119B 142E maintains documentation on site that identifies the individual service provider |
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| 50 | 50 | | 2.20and the services being provided; and |
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| 51 | 51 | | 2.21 (4) the licensed child care center, certified license-exempt child care center, licensed |
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| 52 | 52 | | 2.22family child care program, or legal nonlicensed child care provider authorized under chapter |
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| 53 | 53 | | 2.23119B 142E ensures that the service provider does not have unsupervised access to a child |
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| 54 | 54 | | 2.24not receiving the provider's services. |
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| 55 | 55 | | 2Section 1. |
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| 56 | 56 | | REVISOR DTT/DG 25-0500703/18/25 |
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