2005 Child Care Legislative Changes

Use the links below to jump to summaries of new legislation on the following subjects:

Subject: Direct Contact with children pending completion of a Background Study
Statute: 245c.13
Effective Date: Immediately
Summary: The subject of a background study cannot provide direct contact service until they have received either a clearance notice or a "more time is needed" notice. The subject needs to be under continuous, direct supervision, until either a clearance notice or more time needed notice has been issued. In the past, individuals undergoing background checks could provide direct contact as long as the background study has been initiated.

Subject: Disqualification information
Statute: 245c.22 subd. 7(a)
Effective Date: Immediately
Summary: From this point forward, upon setting aside or issuing a variance to a disqualification, the identity of the disqualified person who received the set aside or variance and their disqualifying characteristics are now considered public data. (This includes information on disqualified individuals who are minors or were minors at the time of the disqualifying offense.)

Licensed family child care providers must provide written notification to parents considering enrollment of a child and to parents of a child attending the family child care if the program employs or has living in the home any individual who is the subject of either a set aside or a variance. This includes all individuals who have had a background study connected to the family child care program.

Subject: General Licensing Data
Statute: Data Practices Act 13.46, subd. 4
Effective Date: Immediately
Summary: The following data is considered public information:

The identity of a perpetrator of substantial maltreatment when the maltreatment was a reason for a licensing action.

Subject: Correction Orders and Orders of Negative Licensing Actions
Statute: 245A.06-07 subd.8
Effective Date: Immediately
Summary: Providers must post, in a place conspicuous to parents and visitors, all correction orders, conditional licenses, and licensing sanctions for 2 years, even if the action is under appeal by the license holder. If the licensing action is accompanied by a maltreatment investigation memorandum, the memorandum must also be posted.

Subject: Shaken Baby Syndrome Video
Statute: 245A.1445
Effective Date: January 1, 2006
Summary: The Department of Human Services shall make available for viewing by all licensed child care providers a video presentation on the dangers associated with shaking infants and young children. The video presentation shall be part of the initial and annual training of licensed child care providers. The commissioner shall provide to child care providers, at cost, copies of a video approved by the commissioner of health.

Subject: Shaken Baby Syndrome Training
Statute: 245A.144
Effective Date: January 1, 2006
Summary: In addition to the required training on reducing the risk of Sudden Infant Death Syndrome, child care providers must receive training on reducing risks for Shaken Baby Syndrome. Training on each topic must be a minimum of 1 hour in length and be received at least once every 5 years.

Subject: CPR Training
Statute: 245A.14 subd.13
Effective Date: January 1, 2006
Summary: When children are present, at least one caregiver must be currently trained in CPR and in the treatment of obstructed airways. Training must be received from an approved CPR instructor and must be repeated at least once every 3 years.

Subject: First Aid Training
Statute: 245A.14 subd. 12
Effective Date: January 1, 2006
Summary: When children are present in a family child care home, at lease one caregiver must have received first aid training. The training must be provided by an individual who has bee approved to provide first aid instruction.

Subject: Child Passenger Restraint Systems Training
Statute: 245A.18
Effective Date: January 1, 2006
Summary: Before a license holder, staff person, caregiver or helper transports a child under age nine in a motor vehicle, they must complete training on the proper use and installation of child restraint systems. This training may be used to meet initial or ongoing training requirements. It must be at least one hour in length and repeated every 5 years. Training must be provided by individuals who are certified and approved by the Department of Public Safety.

Subject: Study of Licensing Fees
Statute: 245A.10, subd.4
Summary: The Commissioner, MACSSA (Minnesota Association of County Social Service Administrators) representatives, and MLFCCA (Minnesota Licensed Family Child Care Providers) representatives shall submit recommendations to committees of the House of Representatives and the Senate pertaining to the possibility of setting a statewide standard for setting license and background study fees. The report with recommendations is due January 15, 2006 .