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S.F. No. 3698 - Family day care inspectors personal liability exemption establishment; county liability exception removal; uniform family child care variance application use by counties and issuance requirements
Author: Senator Mary Kiffmeyer and Senator Bill Weber, Senator Melissa H. Wiklund, Senator Karin Housley, Senator Rich Draheim
Prepared By: Patrick Hauswald, Senate Counsel (651/296-5079)
Date: March 3, 2020


S.F. No. 3698 amends statutes relating to family child care provider variance requests and immunity for municipalities and their workers arising from claims that relate to family child care provider licensing.

Section 1 (245A.04, subdivision 9) requires counties to use a single uniform application form for family child care provider variance requests, beginning January 1, 2021.

Section 2 (466.03, subdivision 6d) eliminates the “actual knowledge” exception from municipality immunity from claims arising from family child care provider licensing violations. Existing law grants a limited exception to municipality immunity against claims where the municipality had actual knowledge of a family child care provider’s failure to meet licensing standards that resulted in a dangerous condition that foreseeably threatened the claimant. The section also establishes immunity for municipality workers from claims based on a family child care provider’s licensing violation, unless the worker is found guilty of malfeasance, willful neglect, or bad faith.

Section 3 directs the commissioner of human services to issue a uniform application form for family child care provider variance requests, as developed by the Family Child Care Task Force. The task force shall provide the form it develops to the commissioner by September 1, 2020, and the commissioner shall issue the form and any necessary training or guidance to counties by October 1, 2020.

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