Purpose of the Bill

This bill aims to modify the regulations for group family day care in Minnesota, primarily focusing on child-to-adult capacity ratios and age distribution restrictions. It also intends to adjust the delegation of authority to agencies involved in licensing and create guidelines for family child care homes.

Main Provisions

• Capacity Ratios and Age Distribution:

  • For group family day cares with a capacity of 10 children, one adult may oversee up to 10 children under 11 years old, with restrictions on ages under five and 12 months.
  • For day cares with 12 children capacity, similar age restrictions apply, allowing up to 12 children under 11 years, with detailed limits for those under five and under 12 months.
  • For day cares with 18 children, two adults are required, with specific rules about the distribution of ages within this group.

• Licensing and Regulation Adjustments:

  • Agencies designated to handle licensing functions may recommend license denials, corrections, variances, conditional licenses, or fines in compliance with rules set by the commissioner.
  • County agencies must publish their policies on issuing variances and update these annually.
  • A provision to conduct unannounced licensing reviews at least annually for family child care programs.

• Special Family Child Care Homes:

  • Nonresidential child care programs for up to 18 children can be licensed if they meet specific conditions related to ownership type, location, and community agreements.
  • The bill allows for variances to exceed licensed capacity by up to five children during transitional periods linked to work schedule changes.

Significant Changes to Existing Law

• Increase in Maximum Allowable Capacity: The bill raises the maximum child care license capacity from 14 to 18 children.
• Delegation of Licensing Authority: Clarifications are set on which level of authority is responsible for various functions and which variances may only be issued by the commissioner.
• Reporting Requirements: Agencies must report disqualifications and variances monthly, and severe incidents associated with family child care programs must be reported to the state fire marshal.

Relevant Terms

group family day care, child-to-adult capacity ratios, licensing, license capacity, variances, nonresidential child care programs, fire code compliance, zoning regulations, primary provider of care.