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SF3137 (Legislative Session 94 (2025-2026))

Cross-references correction in the definition of child care background study

Related bill: HF2863

AI Generated Summary

Purpose of the Bill

The purpose of this bill is to update the legal requirements for background studies related to child care providers in Minnesota. Specifically, the bill aims to correct and clarify the cross-references used in defining who is subject to these background studies.

Main Provisions

  • Definition of Child Care Background Study Subject: The bill defines individuals who need to undergo a background study. This includes:

    • Employees and assistants at licensed and certain unlicensed child care centers.
    • Applicants for child care licenses or certifications.
    • Individuals aged 13 or older residing in a home where a licensed program is offered.
    • Individuals aged 10-12 in the same home under certain conditions.
    • Persons with unsupervised access to children in these programs.
    • Volunteers, contractors, and prospective employees with unsupervised child access.
    • Authorized agents in license-exempt certified child care centers.

  • Exemptions from Background Study Requirements:

    • Individuals providing services that are not part of the child care program can be exempt if the child is signed out of the program with parental permission.
    • Child care providers must keep records and supervise service providers who are not directly part of the program.

Significant Changes

The bill amends existing Minnesota Statutes section 245C.02, subdivision 6a, to provide more precise definitions and exclusions regarding who requires a child care background study. This ensures that everyone who potentially has unsupervised access to children in care centers is accounted for unless specific documentation and permissions are in place.

Relevant Terms

  • Child care background study
  • Licensed child care center
  • Certified license-exempt child care
  • Legal nonlicensed care provider
  • Unsupervised access
  • Agent in a license-exempt center

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 31, 2025SenateFloorActionIntroduction and first reading
March 31, 2025SenateFloorActionReferred toHealth and Human Services
April 06, 2025SenateFloorActionComm report: To pass
April 06, 2025SenateFloorActionSecond reading

Citations

 
[
  {
    "analysis": {
      "added": [
        "Additional categories of individuals required to undergo background checks."
      ],
      "removed": [
        "Exemptions for certain individuals living in the household of care providers."
      ],
      "summary": "This legislation modifies the definition and requirements for child care background study subjects under section 245C.02, subdivision 6a.",
      "modified": [
        "Clarification of conditions under which background checks are not required."
      ]
    },
    "citation": "245C.02",
    "subdivision": "subdivision 6a"
  },
  {
    "analysis": {
      "added": [
        "More detailed description of controlling individuals in relation to child care programs."
      ],
      "removed": [
        ""
      ],
      "summary": "This modifies references related to definitions of controlling individuals in child care settings.",
      "modified": [
        "Updates to cross-reference other sections related to child care."
      ]
    },
    "citation": "245A.02",
    "subdivision": "subdivision 5a"
  },
  {
    "analysis": {
      "added": [
        "Further clarification of what constitutes reasonable cause."
      ],
      "removed": [
        ""
      ],
      "summary": "This bill addresses the definition of reasonable cause for background studies under 245C.02, subdivision 15.",
      "modified": [
        "Broader application in various scenarios regarding unsupervised access."
      ]
    },
    "citation": "245C.02",
    "subdivision": "subdivision 15"
  }
]

Sponsors