SF 2507

02/19/25  REVISOR  EB/HL  25-00347  as introduced
  SENATE
  STATE OF MINNESOTA
  NINETY-FOURTH SESSION  S.F. No. 2507
  (SENATE AUTHORS: BOLDON and Wiklund)
  DATE       D-PG  OFFICIAL STATUS
  03/13/2025       764 Introduction and first reading
  Referred to Health and Human Services
  See First Special Session, HF2
1.1A bill for an act
1.2relating to children; modifying licensing and certification regulations relating to
1.3children and families; amending Minnesota Statutes 2024, sections 142B.10,
1.4subdivision 14; 142B.30, subdivision 1; 142B.51, subdivision 2; 142B.65,
1.5subdivision 8; 142B.66, subdivision 3; 142B.70, subdivision 7; 142C.06, by adding
1.6a subdivision; 142C.11, subdivision 8; 142C.12, subdivision 1; 245A.18,
1.7subdivision 1.
1.8    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9Section 1. Minnesota Statutes 2024, section 142B.10, subdivision 14, is amended to read:
1.10Subd. 14. Grant of license; license extension. (a) If the commissioner determines that
1.11   the program complies with all applicable rules and laws, the commissioner shall issue a
1.12   license consistent with this section or, if applicable, a temporary change of ownership license
1.13   under section 142B.11. At minimum, the license shall state:
1.14(1) the name of the license holder;
1.15(2) the address of the program;
1.16(3) the effective date and expiration date of the license;
1.17(4) the type of license;
1.18(5) the maximum number and ages of persons that may receive services from the program;
1.19   and
1.20(6) any special conditions of licensure.
1.21(b) The commissioner may issue a license for a period not to exceed two years if:
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02/19/25  REVISOR  EB/HL  25-00347  as introduced
2.1      (1) the commissioner is unable to conduct the observation required by subdivision 11,
2.2  paragraph (a), clause (3), because the program is not yet operational;
2.3      (2) certain records and documents are not available because persons are not yet receiving
2.4  services from the program; and
2.5      (3) the applicant complies with applicable laws and rules in all other respects.
2.6      (c) A decision by the commissioner to issue a license does not guarantee that any person
2.7  or persons will be placed or cared for in the licensed program.
2.8      (d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a
2.9  license if the applicant, license holder, or an affiliated controlling individual has:
2.10     (1) been disqualified and the disqualification was not set aside and no variance has been
2.11 granted;
2.12     (2) been denied a license under this chapter or chapter 245A within the past two years;
2.13     (3) had a license issued under this chapter or chapter 245A revoked within the past five
2.14 years; or
2.15     (4) failed to submit the information required of an applicant under subdivision 1,
2.16 paragraph (f), (g), or (h), after being requested by the commissioner.
2.17     When a license issued under this chapter or chapter 245A is revoked, the license holder
2.18 and each affiliated controlling individual with a revoked license may not hold any license
2.19 under chapter 142B for five years following the revocation, and other licenses held by the
2.20 applicant or license holder or licenses affiliated with each controlling individual shall also
2.21 be revoked.
2.22     (e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
2.23 affiliated with a license holder or controlling individual that had a license revoked within
2.24 the past five years if the commissioner determines that (1) the license holder or controlling
2.25 individual is operating the program in substantial compliance with applicable laws and rules
2.26 and (2) the program's continued operation is in the best interests of the community being
2.27 served.
2.28     (f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
2.29 to an application that is affiliated with an applicant, license holder, or controlling individual
2.30 that had an application denied within the past two years or a license revoked within the past
2.31 five years if the commissioner determines that (1) the applicant or controlling individual
Section 1.  2
02/19/25  REVISOR  EB/HL  25-00347  as introduced
3.1  has operated one or more programs in substantial compliance with applicable laws and rules
3.2  and (2) the program's operation would be in the best interests of the community to be served.
3.3      (g) In determining whether a program's operation would be in the best interests of the
3.4  community to be served, the commissioner shall consider factors such as the number of
3.5  persons served, the availability of alternative services available in the surrounding
3.6  community, the management structure of the program, whether the program provides
3.7  culturally specific services, and other relevant factors.
3.8      (h) The commissioner shall not issue or reissue a license under this chapter if an individual
3.9  living in the household where the services will be provided as specified under section
3.10 245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
3.11 and no variance has been granted.
3.12     (i) Pursuant to section 142B.18, subdivision 1, paragraph (b), when a license issued
3.13 under this chapter has been suspended or revoked and the suspension or revocation is under
3.14 appeal, the program may continue to operate pending a final order from the commissioner.
3.15 If the license under suspension or revocation will expire before a final order is issued, a
3.16 temporary provisional license may be issued provided any applicable license fee is paid
3.17 before the temporary provisional license is issued.
3.18     (j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of
3.19 a controlling individual or license holder, and the controlling individual or license holder
3.20 is ordered under section 245C.17 to be immediately removed from direct contact with
3.21 persons receiving services or is ordered to be under continuous, direct supervision when
3.22 providing direct contact services, the program may continue to operate only if the program
3.23 complies with the order and submits documentation demonstrating compliance with the
3.24 order. If the disqualified individual fails to submit a timely request for reconsideration, or
3.25 if the disqualification is not set aside and no variance is granted, the order to immediately
3.26 remove the individual from direct contact or to be under continuous, direct supervision
3.27 remains in effect pending the outcome of a hearing and final order from the commissioner.
3.28     (k) For purposes of reimbursement for meals only, under the Child and Adult Care Food
3.29 Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226,
3.30 relocation within the same county by a licensed family day care provider, shall be considered
3.31 an extension of the license for a period of no more than 30 calendar days or until the new
3.32 license is issued, whichever occurs first, provided the county agency has determined the
3.33 family day care provider meets licensure requirements at the new location.
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02/19/25  REVISOR  EB/HL  25-00347  as introduced
4.1      (l) Unless otherwise specified by statute, all licenses issued under this chapter expire at
4.2  12:01 a.m. on the day after the expiration date stated on the license. A license holder must
4.3  apply for and be granted comply with the requirements in section 142B.12 and be reissued
4.4  a new license to operate the program or the program must not be operated after the expiration
4.5  date. Child foster care license holders must apply for and be granted a new license to operate
4.6  the program or the program must not be operated after the expiration date. Upon
4.7  implementation of the provider licensing and reporting hub, licenses may be issued each
4.8  calendar year.
4.9      (m) The commissioner shall not issue or reissue a license under this chapter if it has
4.10 been determined that a tribal licensing authority has established jurisdiction to license the
4.11 program or service.
4.12     (n) The commissioner of children, youth, and families shall coordinate and share data
4.13 with the commissioner of human services to enforce this section.
4.14   Sec. 2. Minnesota Statutes 2024, section 142B.30, subdivision 1, is amended to read:
4.15     Subdivision 1. Delegation of authority to agencies. (a) County agencies and private
4.16 agencies that have been designated or licensed by the commissioner to perform licensing
4.17 functions and activities under section 142B.10; to recommend denial of applicants under
4.18 section 142B.15; to issue correction orders, to issue variances, and to recommend a
4.19 conditional license under section 142B.16; or to recommend suspending or revoking a
4.20 license or issuing a fine under section 142B.18, shall comply with rules and directives of
4.21 the commissioner governing those functions and with this section. The following variances
4.22 are excluded from the delegation of variance authority and may be issued only by the
4.23 commissioner:
4.24     (1) dual licensure of family child care and family child foster care;
4.25     (2) child foster care maximum age requirement;
4.26     (3) variances regarding disqualified individuals;
4.27     (4) variances to requirements relating to chemical use problems of a license holder or a
4.28 household member of a license holder; and
4.29     (5) variances to section 142B.74 for a time-limited period. If the commissioner grants
4.30 a variance under this clause, the license holder must provide notice of the variance to all
4.31 parents and guardians of the children in care.
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02/19/25  REVISOR  EB/HL  25-00347  as introduced
5.1      (b) The commissioners of human services and children, youth, and families must both
5.2  approve a variance for dual licensure of family child foster care and family adult foster care
5.3  or family adult foster care and family child care. Variances under this paragraph are excluded
5.4  from the delegation of variance authority and may be issued only by both commissioners.
5.5      (c) Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency
5.6  must not grant a license holder a variance to exceed the maximum allowable family child
5.7  care license capacity of 14 children.
5.8      (d) A county agency that has been designated by the commissioner to issue family child
5.9  care variances must:
5.10     (1) publish the county agency's policies and criteria for issuing variances on the county's
5.11 public website and update the policies as necessary; and
5.12     (2) annually distribute the county agency's policies and criteria for issuing variances to
5.13 all family child care license holders in the county.
5.14     (e) Before the implementation of NETStudy 2.0, county agencies must report information
5.15 about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision
5.16 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the
5.17 commissioner at least monthly in a format prescribed by the commissioner.
5.18     (f) For family child care programs, the commissioner shall require a county agency to
5.19 conduct one unannounced licensing review at least annually.
5.20     (g) A child foster care license issued under this section may be issued for up to two years
5.21 until implementation of the provider licensing and reporting hub. Upon implementation of
5.22 the provider licensing and reporting hub, licenses may be issued each calendar year.
5.23     (h) A county agency shall report to the commissioner, in a manner prescribed by the
5.24 commissioner, the following information for a licensed family child care program:
5.25     (1) the results of each licensing review completed, including the date of the review, and
5.26 any licensing correction order issued;
5.27     (2) any death, serious injury, or determination of substantiated maltreatment; and
5.28     (3) any fires that require the service of a fire department within 48 hours of the fire. The
5.29 information under this clause must also be reported to the state fire marshal within two
5.30 business days of receiving notice from a licensed family child care provider.
Sec. 2.  5
02/19/25  REVISOR  EB/HL  25-00347  as introduced
6.1    Sec. 3. Minnesota Statutes 2024, section 142B.51, subdivision 2, is amended to read:
6.2      Subd. 2. Child passenger restraint systems; training requirement. (a) Programs
6.3  licensed by the Department of Human Services under chapter 245A or the Department of
6.4  Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that
6.5  serve a child or children under eight nine years of age must document training that fulfills
6.6  the requirements in this subdivision.
6.7      (b) Before a license holder, staff person, or caregiver transports a child or children under
6.8  age eight nine in a motor vehicle, the person transporting the child must satisfactorily
6.9  complete training on the proper use and installation of child restraint systems in motor
6.10 vehicles. Training completed under this section may be used to meet initial or ongoing
6.11 training under Minnesota Rules, part 2960.3070, subparts 1 and 2.
6.12     (c) Training required under this section must be completed at orientation or initial training
6.13 and repeated at least once every five years. At a minimum, the training must address the
6.14 proper use of child restraint systems based on the child's size, weight, and age, and the
6.15 proper installation of a car seat or booster seat in the motor vehicle used by the license
6.16 holder to transport the child or children.
6.17     (d) Training under paragraph (c) must be provided by individuals who are certified and
6.18 approved by the Office of Traffic Safety within the Department of Public Safety. License
6.19 holders may obtain a list of certified and approved trainers through the Department of Public
6.20 Safety website or by contacting the agency.
6.21     (e) Notwithstanding paragraph (a), for an emergency relative placement under section
6.22 142B.06, the commissioner may grant a variance to the training required by this subdivision
6.23 for a relative who completes a child seat safety check up. The child seat safety check up
6.24 trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
6.25 must provide one-on-one instruction on placing a child of a specific age in the exact child
6.26 passenger restraint in the motor vehicle in which the child will be transported. Once granted
6.27 a variance, and if all other licensing requirements are met, the relative applicant may receive
6.28 a license and may transport a relative foster child younger than eight years of age. A child
6.29 seat safety check up must be completed each time a child requires a different size car seat
6.30 according to car seat and vehicle manufacturer guidelines. A relative license holder must
6.31 complete training that meets the other requirements of this subdivision prior to placement
6.32 of another foster child younger than eight years of age in the home or prior to the renewal
6.33 of the child foster care license.
6.34     EFFECTIVE DATE. This section is effective January 1, 2026.
Sec. 3.  6
02/19/25  REVISOR  EB/HL  25-00347  as introduced
7.1    Sec. 4. Minnesota Statutes 2024, section 142B.65, subdivision 8, is amended to read:
7.2      Subd. 8. Child passenger restraint systems; training requirement. (a) Before a license
7.3  holder transports a child or children under age eight nine in a motor vehicle, the person
7.4  placing the child or children in a passenger restraint must satisfactorily complete training
7.5  on the proper use and installation of child restraint systems in motor vehicles.
7.6      (b) Training required under this subdivision must be repeated at least once every five
7.7  years. At a minimum, the training must address the proper use of child restraint systems
7.8  based on the child's size, weight, and age, and the proper installation of a car seat or booster
7.9  seat in the motor vehicle used by the license holder to transport the child or children.
7.10     (c) Training required under this subdivision must be provided by individuals who are
7.11 certified and approved by the Department of Public Safety, Office of Traffic Safety. License
7.12 holders may obtain a list of certified and approved trainers through the Department of Public
7.13 Safety website or by contacting the agency.
7.14     (d) Child care providers that only transport school-age children as defined in section
7.15 142B.01, subdivision 25, in child care buses as defined in section 169.448, subdivision 1,
7.16 paragraph (e), are exempt from this subdivision.
7.17     (e) Training completed under this subdivision may be used to meet in-service training
7.18 requirements under subdivision 9. Training completed within the previous five years is
7.19 transferable upon a staff person's change in employment to another child care center.
7.20     EFFECTIVE DATE. This section is effective January 1, 2026.
7.21   Sec. 5. Minnesota Statutes 2024, section 142B.66, subdivision 3, is amended to read:
7.22     Subd. 3. Emergency preparedness. (a) A licensed child care center must have a written
7.23 emergency plan for emergencies that require evacuation, sheltering, or other protection of
7.24 a child, such as fire, natural disaster, intruder, or other threatening situation that may pose
7.25 a health or safety hazard to a child. The plan must be written on a form developed by the
7.26 commissioner and must include:
7.27     (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
7.28     (2) a designated relocation site and evacuation route;
7.29     (3) procedures for notifying a child's parent or legal guardian of the evacuation, relocation,
7.30 shelter-in-place, or lockdown, including procedures for reunification with families;
7.31     (4) accommodations for a child with a disability or a chronic medical condition;
Sec. 5.  7
02/19/25  REVISOR  EB/HL  25-00347  as introduced
8.1      (5) procedures for storing a child's medically necessary medicine that facilitates easy
8.2  removal during an evacuation or relocation;
8.3      (6) procedures for continuing operations in the period during and after a crisis;
8.4      (7) procedures for communicating with local emergency management officials, law
8.5  enforcement officials, or other appropriate state or local authorities; and
8.6      (8) accommodations for infants and toddlers.
8.7      (b) The license holder must train staff persons on the emergency plan at orientation,
8.8  when changes are made to the plan, and at least once each calendar year. Training must be
8.9  documented in each staff person's personnel file.
8.10     (c) The license holder must conduct drills according to the requirements in Minnesota
8.11 Rules, part 9503.0110, subpart 3. The date and time of the drills must be documented.
8.12     (d) The license holder must review and update the emergency plan annually each calendar
8.13 year. Documentation of the annual yearly emergency plan review shall be maintained in
8.14 the program's administrative records.
8.15     (e) The license holder must include the emergency plan in the program's policies and
8.16 procedures as specified under section 142B.10, subdivision 21. The license holder must
8.17 provide a physical or electronic copy of the emergency plan to the child's parent or legal
8.18 guardian upon enrollment.
8.19     (f) The relocation site and evacuation route must be posted in a visible place as part of
8.20 the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140,
8.21 subpart 21.
8.22   Sec. 6. Minnesota Statutes 2024, section 142B.70, subdivision 7, is amended to read:
8.23     Subd. 7. Child passenger restraint systems; training requirement. (a) A license
8.24 holder must comply with all seat belt and child passenger restraint system requirements
8.25 under section 169.685.
8.26     (b) Family and group family child care programs licensed by the Department of Children,
8.27 Youth, and Families that serve a child or children under eight nine years of age must
8.28 document training that fulfills the requirements in this subdivision.
8.29     (1) Before a license holder, second adult caregiver, substitute, or helper transports a
8.30 child or children under age eight nine in a motor vehicle, the person placing the child or
8.31 children in a passenger restraint must satisfactorily complete training on the proper use and
8.32 installation of child restraint systems in motor vehicles. Training completed under this
Sec. 6.  8
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9.1  subdivision may be used to meet initial training under subdivision 1 or ongoing training
9.2  under subdivision 8.
9.3      (2) Training required under this subdivision must be at least one hour in length, completed
9.4  at initial training, and repeated at least once every five years. At a minimum, the training
9.5  must address the proper use of child restraint systems based on the child's size, weight, and
9.6  age, and the proper installation of a car seat or booster seat in the motor vehicle used by the
9.7  license holder to transport the child or children.
9.8      (3) Training under this subdivision must be provided by individuals who are certified
9.9  and approved by the Department of Public Safety, Office of Traffic Safety. License holders
9.10 may obtain a list of certified and approved trainers through the Department of Public Safety
9.11 website or by contacting the agency.
9.12     (c) Child care providers that only transport school-age children as defined in section
9.13 142B.01, subdivision 13, paragraph (f), in child care buses as defined in section 169.448,
9.14 subdivision 1, paragraph (e), are exempt from this subdivision.
9.15     EFFECTIVE DATE. This section is effective January 1, 2026.
9.16   Sec. 7. Minnesota Statutes 2024, section 142C.06, is amended by adding a subdivision to
9.17 read:
9.18     Subd. 4. Requirement to post conditional certification. Upon receipt of any order of
9.19 conditional certification issued by the commissioner under this section, and notwithstanding
9.20 a pending request for reconsideration of the order of conditional certification by the
9.21 certification holder, the certification holder shall post the order of conditional certification
9.22 in a place that is conspicuous to the people receiving services and all visitors to the facility
9.23 for the duration of the conditional certification. When the order of conditional certification
9.24 is accompanied by a maltreatment investigation memorandum prepared under chapter 260E,
9.25 the investigation memoranda must be posted with the order of conditional certification.
9.26   Sec. 8. Minnesota Statutes 2024, section 142C.11, subdivision 8, is amended to read:
9.27     Subd. 8. Required policies. A certified center must have written policies for health and
9.28 safety items in subdivisions 1 to 6, 9, and 10.
9.29   Sec. 9. Minnesota Statutes 2024, section 142C.12, subdivision 1, is amended to read:
9.30     Subdivision 1. First aid and cardiopulmonary resuscitation. (a) Before having
9.31 unsupervised direct contact with a child, but within 90 days after the first date of direct
Sec. 9.  9
 02/19/25  REVISOR  EB/HL  25-00347  as introduced
10.1  contact with a child, the director, all staff persons, substitutes, and unsupervised volunteers
10.2  must successfully complete pediatric first aid and pediatric cardiopulmonary resuscitation
10.3  (CPR) training, unless the training has been completed within the previous two calendar
10.4  years. Staff must complete the pediatric first aid and pediatric CPR training at least every
10.5  other calendar year and the center must document the training in the staff person's personnel
10.6  record.
10.7      (b) Training completed under this subdivision may be used to meet the in-service training
10.8  requirements under subdivision 6.
10.9      (c) Training must include CPR and techniques for providing immediate care to people
10.10 experiencing life-threatening cardiac emergencies, choking, bleeding, fractures and sprains,
10.11 head injuries, poisoning, and burns. Training developed by the American Heart Association,
10.12 the American Red Cross, or another organization that uses nationally recognized,
10.13 evidence-based guidelines meets these requirements.
10.14     EFFECTIVE DATE. This section is effective January 1, 2026.
10.15   Sec. 10. Minnesota Statutes 2024, section 245A.18, subdivision 1, is amended to read:
10.16     Subdivision 1. Seat belt and child passenger restraint system use. All license holders
10.17 that transport children must comply with the requirements of section 142B.51, subdivision
10.18 1, and license holders that transport a child or children under eight nine years of age must
10.19 document training that fulfills the requirements in section 142B.51, subdivision 2.
10.20     EFFECTIVE DATE. This section is effective January 1, 2026.
 Sec. 10.  10