Monday, May 22, 2006
New Bills Signed Into Minnesota Law...
Two bills signed into law in Minnesota last week ae good news for family child care providers. The bill regarding CPR and First Aid (Substitutes exempt less working less than 30 hours per year and allowing video training for both CPR and First Aid) was sent to the Governor May 15th, signed by the Governor on May 16th and became effective on May 17th. The text of the bill below.
If your licensor wants to see the bill, the information is on the MN legislative website, www.senate.leg.state.mn.us , ‘bill search and status’ as Senate File No. 2883 (type in sf2883).
Approved videos will be forthcoming probably from DHS to our licensors. A special thanks to Beth Mork, Director of MLFCCA, who worked with Jerry Kerber at DHS and legislators to get this bill drafted. Beth also shared the positive impact this bill would have for family child care providers with legislators in hearings as well as the challenges the January 1, 2006 law has caused for providers. Take the time to e-mail Representative Jeanne Poppe(rep.jeanne.poppe@house.mn) and Senator Dan Sparks (sen.daniel.sparks@senate.mn) from Austin for carrying the bills for family child care and say “thanks”.
The other bill signed by the Governor on May 5, 2006 concerns modifying child care assistance parent fees and became effective on May 6th. This bill allows parents co-pay on child care assistance programs to be paid by a third party and not affect the family’s eligibility for child care assistance. Senate file 3615.
S.F. No. 2883, 1st Engrossment - 84th Legislative Session (2005-2006)
Posted on Apr 06, 2006
1.1 A bill for an act
1.2 relating to human services; modifying child care licensing provisions;amending
1.3 Minnesota Statutes 2005 Supplement, section 245A.14, subdivisions 4, 12, 13.
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 4,
1.6 is amended to read:
1.7 Subd. 4. Special family day care homes. Nonresidential child care programs
1.8 serving 14 or fewer children that are conducted at a location other than the license holder's
1.9 own residence shall be licensed under this section and the rules governing family day
1.10 care or group family day care if:
1.11 (a) the license holder is the primary provider of care and the nonresidential child
1.12 care program is conducted in a dwelling that is located on a residential lot;
1.13 (b) the license holder is an employer who may or may not be the primary provider
1.14 of care, and the purpose for the child care program is to provide child care services to
1.15 children of the license holder's employees;
1.16 (c) the license holder is a church or religious organization;
1.17 (d) the license holder is a community collaborative child care provider. For
1.18 purposes of this subdivision, a community collaborative child care provider is a provider
1.19 participating in a cooperative agreement with a community action agency as defined in
1.20 section 256E.31; or
1.21 (e) the license holder is a not-for-profit agency that provides child care in a dwelling
1.22 located on a residential lot and the license holder maintains two or more contracts with
1.23 community employers or other community organizations to provide child care services.
1.24 The county licensing agency may grant a capacity variance to a license holder licensed
2.1 under this paragraph to exceed the licensed capacity of 14 children by no more than five
2.2 children during transition periods related to the work schedules of parents, if the license
2.3 holder meets the following requirements:
2.4 (1) the program does not exceed a capacity of 14 children more than a cumulative
2.5 total of four hours per day;
2.6 (2) the program meets a one to seven staff-to-child ratio during the variance period;
2.7 (3) all employees receive at least an extra four hours of training per year than
2.8 required in the rules governing family child care each year;
2.9 (4) the facility has square footage required per child under Minnesota Rules, part
2.10 9502.0425;
2.11 (5) the program is in compliance with local zoning regulations;
2.12 (6) the program is in compliance with the applicable fire code as follows:
2.13 (i) if the program serves more than five children older than 2-1/2 years of age,
2.14 but no more than five children 2-1/2 years of age or less, the applicable fire code is
2.15 educational occupancy, as provided in Group E Occupancy under the Minnesota State
2.16 Fire Code 2003, Section 202; or
2.17 (ii) if the program serves more than five children 2-1/2 years of age or less, the
2.18 applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
2.19 Code 2003, Section 202; and
2.20 (7) any age and capacity limitations required by the fire code inspection and square
2.21 footage determinations shall be printed on the license.
2.22 Sec. 2. Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 12, is
2.23 amended to read:
2.24 Subd. 12. First aid training requirements. Notwithstanding Minnesota Rules, part
2.25 9503.0035, subpart 2, when children are present in a family child care home governed
2.26 by Minnesota Rules, parts 9502.0315 to 9502.0445, or a child care center governed by
2.27 Minnesota Rules, parts 9503.0005 to 9503.0170, at least one staff person must be present
2.28 in the center or home who has been trained in first aid. The first aid training must have
2.29 been provided by an individual approved to provide first aid instruction. First aid training
2.30 may be less than eight hours and persons qualified to provide first aid training shall include
2.31 individuals approved as first aid instructors. A family child care provider is exempt from
2.32 the first aid training requirements under this subdivision related to any substitute caregiver
2.33 who provides less than 30 hours of care during any 12-month period. Video training
2.34 reviewed and approved by the county licensing agency may be used to satisfy the family
2.35 child care training requirement of this subdivision.
3.1 Sec. 3. Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 13, is
3.2 amended to read:
3.3 Subd. 13. Cardiopulmonary resuscitation training. (a) When children are present
3.4 in a child care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, or in
3.5 a family child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445,
3.6 at least one staff person must be present in the center or home who has been trained
3.7 in cardiopulmonary resuscitation (CPR) and in the treatment of obstructed airways.
3.8 The CPR training must have been provided by an individual approved to provide CPR
3.9 instruction, must be repeated at least once every three years, and must be documented in
3.10 the staff person's records.
3.11 (b) Notwithstanding Minnesota Rules, part 9503.0035, subpart 3, item A,
3.12 cardiopulmonary resuscitation training may be provided for less than four hours.
3.13 (c) Notwithstanding Minnesota Rules, part 9503.0035, subpart 3, item C, persons
3.14 qualified to provide cardiopulmonary resuscitation training shall include individuals
3.15 approved as cardiopulmonary resuscitation instructors.
3.16 (d) A family child care provider is exempt from the CPR training requirement in
3.17 this subdivision related to any substitute caregiver who provides less than 30 hours of
3.18 care during any 12-month period.
3.19 (e) Video training reviewed and approved by the county licensing agency satisfies
3.20 the family child care training requirement of this subdivision.
3.21 Sec. 4. EFFECTIVE DATE.
3.22 This act is effective the day following final enactment.
Two bills signed into law in Minnesota last week ae good news for family child care providers. The bill regarding CPR and First Aid (Substitutes exempt less working less than 30 hours per year and allowing video training for both CPR and First Aid) was sent to the Governor May 15th, signed by the Governor on May 16th and became effective on May 17th. The text of the bill below.
If your licensor wants to see the bill, the information is on the MN legislative website, www.senate.leg.state.mn.us , ‘bill search and status’ as Senate File No. 2883 (type in sf2883).
Approved videos will be forthcoming probably from DHS to our licensors. A special thanks to Beth Mork, Director of MLFCCA, who worked with Jerry Kerber at DHS and legislators to get this bill drafted. Beth also shared the positive impact this bill would have for family child care providers with legislators in hearings as well as the challenges the January 1, 2006 law has caused for providers. Take the time to e-mail Representative Jeanne Poppe(rep.jeanne.poppe@house.mn) and Senator Dan Sparks (sen.daniel.sparks@senate.mn) from Austin for carrying the bills for family child care and say “thanks”.
The other bill signed by the Governor on May 5, 2006 concerns modifying child care assistance parent fees and became effective on May 6th. This bill allows parents co-pay on child care assistance programs to be paid by a third party and not affect the family’s eligibility for child care assistance. Senate file 3615.
S.F. No. 2883, 1st Engrossment - 84th Legislative Session (2005-2006)
Posted on Apr 06, 2006
1.1 A bill for an act
1.2 relating to human services; modifying child care licensing provisions;amending
1.3 Minnesota Statutes 2005 Supplement, section 245A.14, subdivisions 4, 12, 13.
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 4,
1.6 is amended to read:
1.7 Subd. 4. Special family day care homes. Nonresidential child care programs
1.8 serving 14 or fewer children that are conducted at a location other than the license holder's
1.9 own residence shall be licensed under this section and the rules governing family day
1.10 care or group family day care if:
1.11 (a) the license holder is the primary provider of care and the nonresidential child
1.12 care program is conducted in a dwelling that is located on a residential lot;
1.13 (b) the license holder is an employer who may or may not be the primary provider
1.14 of care, and the purpose for the child care program is to provide child care services to
1.15 children of the license holder's employees;
1.16 (c) the license holder is a church or religious organization;
1.17 (d) the license holder is a community collaborative child care provider. For
1.18 purposes of this subdivision, a community collaborative child care provider is a provider
1.19 participating in a cooperative agreement with a community action agency as defined in
1.20 section 256E.31; or
1.21 (e) the license holder is a not-for-profit agency that provides child care in a dwelling
1.22 located on a residential lot and the license holder maintains two or more contracts with
1.23 community employers or other community organizations to provide child care services.
1.24 The county licensing agency may grant a capacity variance to a license holder licensed
2.1 under this paragraph to exceed the licensed capacity of 14 children by no more than five
2.2 children during transition periods related to the work schedules of parents, if the license
2.3 holder meets the following requirements:
2.4 (1) the program does not exceed a capacity of 14 children more than a cumulative
2.5 total of four hours per day;
2.6 (2) the program meets a one to seven staff-to-child ratio during the variance period;
2.7 (3) all employees receive at least an extra four hours of training per year than
2.8 required in the rules governing family child care each year;
2.9 (4) the facility has square footage required per child under Minnesota Rules, part
2.10 9502.0425;
2.11 (5) the program is in compliance with local zoning regulations;
2.12 (6) the program is in compliance with the applicable fire code as follows:
2.13 (i) if the program serves more than five children older than 2-1/2 years of age,
2.14 but no more than five children 2-1/2 years of age or less, the applicable fire code is
2.15 educational occupancy, as provided in Group E Occupancy under the Minnesota State
2.16 Fire Code 2003, Section 202; or
2.17 (ii) if the program serves more than five children 2-1/2 years of age or less, the
2.18 applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
2.19 Code 2003, Section 202; and
2.20 (7) any age and capacity limitations required by the fire code inspection and square
2.21 footage determinations shall be printed on the license.
2.22 Sec. 2. Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 12, is
2.23 amended to read:
2.24 Subd. 12. First aid training requirements. Notwithstanding Minnesota Rules, part
2.25 9503.0035, subpart 2, when children are present in a family child care home governed
2.26 by Minnesota Rules, parts 9502.0315 to 9502.0445, or a child care center governed by
2.27 Minnesota Rules, parts 9503.0005 to 9503.0170, at least one staff person must be present
2.28 in the center or home who has been trained in first aid. The first aid training must have
2.29 been provided by an individual approved to provide first aid instruction. First aid training
2.30 may be less than eight hours and persons qualified to provide first aid training shall include
2.31 individuals approved as first aid instructors. A family child care provider is exempt from
2.32 the first aid training requirements under this subdivision related to any substitute caregiver
2.33 who provides less than 30 hours of care during any 12-month period. Video training
2.34 reviewed and approved by the county licensing agency may be used to satisfy the family
2.35 child care training requirement of this subdivision.
3.1 Sec. 3. Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 13, is
3.2 amended to read:
3.3 Subd. 13. Cardiopulmonary resuscitation training. (a) When children are present
3.4 in a child care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, or in
3.5 a family child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445,
3.6 at least one staff person must be present in the center or home who has been trained
3.7 in cardiopulmonary resuscitation (CPR) and in the treatment of obstructed airways.
3.8 The CPR training must have been provided by an individual approved to provide CPR
3.9 instruction, must be repeated at least once every three years, and must be documented in
3.10 the staff person's records.
3.11 (b) Notwithstanding Minnesota Rules, part 9503.0035, subpart 3, item A,
3.12 cardiopulmonary resuscitation training may be provided for less than four hours.
3.13 (c) Notwithstanding Minnesota Rules, part 9503.0035, subpart 3, item C, persons
3.14 qualified to provide cardiopulmonary resuscitation training shall include individuals
3.15 approved as cardiopulmonary resuscitation instructors.
3.16 (d) A family child care provider is exempt from the CPR training requirement in
3.17 this subdivision related to any substitute caregiver who provides less than 30 hours of
3.18 care during any 12-month period.
3.19 (e) Video training reviewed and approved by the county licensing agency satisfies
3.20 the family child care training requirement of this subdivision.
3.21 Sec. 4. EFFECTIVE DATE.
3.22 This act is effective the day following final enactment.
// posted by Tammy Wachter @ 5:11 PM 
