Bill Text: MN HF912 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Special family day care homes requirement provided.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2011-05-12 - Second reading [HF912 Detail]
Download: Minnesota-2011-HF912-Engrossed.html
1.2relating to human services; providing a requirement for special family day care
1.3homes;amending Minnesota Statutes 2010, section 245A.14, subdivision 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245A.14, subdivision 4, is amended to
1.6read:
1.7 Subd. 4. Special family day care homes. Nonresidential child care programs
1.8serving 14 or fewer children that are conducted at a location other than the license holder's
1.9own residence shall be licensed under this section and the rules governing family day
1.10care or group family day care if:
1.11(a) the license holder is the primary provider of care and the nonresidential child
1.12care 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
1.14of care, and the purpose for the child care program is to provide child care services to
1.15children 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
1.18purposes of this subdivision, a community collaborative child care provider is a provider
1.19participating in a cooperative agreement with a community action agency as defined in
1.20section 256E.31;or
1.21(e) the license holder is a not-for-profit agency that provides child care in a dwelling
1.22located on a residential lot and the license holder maintains two or more contracts with
1.23community employers or other community organizations to provide child care services.
1.24The county licensing agency may grant a capacity variance to a license holder licensed
2.1under this paragraph to exceed the licensed capacity of 14 children by no more than five
2.2children during transition periods related to the work schedules of parents, if the license
2.3holder meets the following requirements:
2.4(1) the program does not exceed a capacity of 14 children more than a cumulative
2.5total 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
2.8required in the rules governing family child care each year;
2.9(4) the facility has square footage required per child under Minnesota Rules, part
2.109502.0425;
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,
2.14but no more than five children 2-1/2 years of age or less, the applicable fire code is
2.15educational occupancy, as provided in Group E Occupancy under the Minnesota State
2.16Fire 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
2.18applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
2.19Code 2003, Section 202; and
2.20(7) any age and capacity limitations required by the fire code inspection and square
2.21footage determinations shall be printed on the license.; or
2.22(f) the license holder is the primary provider of care and has located the licensed
2.23child care program in a suitable commercial space, if the license holder meets the
2.24following requirements:
2.25(1) the program is in compliance with local zoning regulations;
2.26(2) the program is in compliance with the applicable fire code as follows:
2.27(i) if the program serves more than five children older than 2-1/2 years of age,
2.28but no more than five children 2-1/2 years of age or less, and the applicable fire code is
2.29educational occupancy, as provided in Group E Occupancy under the Minnesota State
2.30Fire Code 2003, Section 202; or
2.31(ii) if the program serves more than five children 2-1/2 years of age or less, the
2.32applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
2.33Code 2003, Section 202;
2.34(3) any age and capacity limitations required by the fire code inspection and square
2.35footage determinations shall be printed on the license; and
3.1(4) the license holder prominently displays the license issued by the commissioner
3.2that contains the statement "This special family child care provider is not licensed as a
3.3child care center."
1.3homes;amending Minnesota Statutes 2010, section 245A.14, subdivision 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245A.14, subdivision 4, is amended to
1.6read:
1.7 Subd. 4. Special family day care homes. Nonresidential child care programs
1.8serving 14 or fewer children that are conducted at a location other than the license holder's
1.9own residence shall be licensed under this section and the rules governing family day
1.10care or group family day care if:
1.11(a) the license holder is the primary provider of care and the nonresidential child
1.12care 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
1.14of care, and the purpose for the child care program is to provide child care services to
1.15children 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
1.18purposes of this subdivision, a community collaborative child care provider is a provider
1.19participating in a cooperative agreement with a community action agency as defined in
1.20section 256E.31;
1.21(e) the license holder is a not-for-profit agency that provides child care in a dwelling
1.22located on a residential lot and the license holder maintains two or more contracts with
1.23community employers or other community organizations to provide child care services.
1.24The county licensing agency may grant a capacity variance to a license holder licensed
2.1under this paragraph to exceed the licensed capacity of 14 children by no more than five
2.2children during transition periods related to the work schedules of parents, if the license
2.3holder meets the following requirements:
2.4(1) the program does not exceed a capacity of 14 children more than a cumulative
2.5total 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
2.8required in the rules governing family child care each year;
2.9(4) the facility has square footage required per child under Minnesota Rules, part
2.109502.0425;
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,
2.14but no more than five children 2-1/2 years of age or less, the applicable fire code is
2.15educational occupancy, as provided in Group E Occupancy under the Minnesota State
2.16Fire 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
2.18applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
2.19Code 2003, Section 202; and
2.20(7) any age and capacity limitations required by the fire code inspection and square
2.21footage determinations shall be printed on the license
2.22(f) the license holder is the primary provider of care and has located the licensed
2.23child care program in a suitable commercial space, if the license holder meets the
2.24following requirements:
2.25(1) the program is in compliance with local zoning regulations;
2.26(2) the program is in compliance with the applicable fire code as follows:
2.27(i) if the program serves more than five children older than 2-1/2 years of age,
2.28but no more than five children 2-1/2 years of age or less, and the applicable fire code is
2.29educational occupancy, as provided in Group E Occupancy under the Minnesota State
2.30Fire Code 2003, Section 202; or
2.31(ii) if the program serves more than five children 2-1/2 years of age or less, the
2.32applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
2.33Code 2003, Section 202;
2.34(3) any age and capacity limitations required by the fire code inspection and square
2.35footage determinations shall be printed on the license; and
3.1(4) the license holder prominently displays the license issued by the commissioner
3.2that contains the statement "This special family child care provider is not licensed as a
3.3child care center."
