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