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S.F. No. 1159 - Safe and Healthy Development of Children (First Engrossment)
 
Author: Senator Tony Lourey
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: April 8, 2013



 

            Sections 1 to 10 modify the chapter of law relating to child care programs.

Section 1 (119B.011, subd. 19b) defines the term “student parent.”  This section is effective November 11, 2013.

Section 2 (119B.02, subd. 7) requires the Commissioner of Human Services to biennially survey prices charged by child care providers to determine the 75th percentile for like-care arrangements in county price clusters.  This section is effective September 16, 2013.

Section 3 (119B.025, subd. 1) provides that a family has met the child care eligibility redetermination requirement if the necessary forms and verifications are received within 30 days of the date due, and assistance is payable retroactively from the due date.   This section is effective August 4, 2014.

Section 4 (119B.03, subd. 4) clarifies that student parents are a funding priority when determining basic sliding fee funding disbursement.  This section is effective November 11, 2013.

Section 5 (119B.05, subd. 1) adds student parent as an eligible participant for MFIP child care assistance.  This section is effective November 11, 2013.

Section 6 (119B.13, subd. 1) modifies the formula for determining child care assistance subsidies beginning September 16, 2013.  New paragraph (g) provides that maximum rates in effect on January 1, 2013, shall remain in effect.

Section 7 (119B.13, subd. 1a) inserts the term “county price clusters” to a provision related to child care rates for legal nonlicensed family child care providers.   This section is effective September 16, 2013.

Section 8 (119B.13, subd. 3b) requires a 15 percent differential for a three-star Parent Aware rating and a 20 percent differential for a four-star Parent Aware rating.  This section is effective March 3, 2014.

Section 9 (119B.13, subd. 3c) allows a licensed child care provider or a license-exempt center to be paid up to the applicable weekly maximum rate if the following conditions are met:  the provider is caring for a child birth to five years, the provider is eligible for a rate differential, and the applicant qualifies for at least 30 hours of care per week under the basic sliding fee program, MFIP child care, or the employment and training program.   This section is effective August 4, 2014.

 Section 10 (119B.13, subd. 6) allows the county to withhold the provider’s authorization or payment for up to three months after the time the condition that lead to the cessation of the payment was corrected.  This section is effective February 3, 2014.

            Sections 11 – 19 modify the DHS licensing Act.

Section 11 (245A.07, subd. 2a) provides that when the commissioner determines there is reasonable cause to order the temporary immediate suspension of a child care license based on a violation of safe sleeping requirements, the commissioner is not required to demonstrate that an infant died or was injured as a result of the violation.

Section 12 (245A.1435) requires a note from the infant’s physician in order for the child care license holder to place the infant in an alternative sleeping arrangement, and changes the term “sudden infant death syndrome” to “sudden unexpected infant death”. New paragraph (c) clarifies instances where the infant falls asleep before being placed in a crib.

Sections 13, 14, and 18 change the term “sudden infant death syndrome” to “sudden unexpected infant death” and “shaken baby syndrome” to “abusive head trauma.”

Section 15 (245A.1446) provides guidelines for disinfecting a diaper changing surface.

Section 16 (245A.147) adds a new section of law regarding infant sleep supervision for family child care providers.  Generally, the child care license holders are encouraged to check on infants every 30 minutes, and every 15 minutes for the first four months the infant is in the provider’s care and if the infant has an upper respiratory infection.  The license holder must also use and maintain an audio or visual monitoring device to monitor each infant.

Section 17 (245A.152) adds a new section of law requiring child care license holders to maintain insurance coverage.

Section 19 (245A.50) modifies family child care training requirements to include training on behavior guidance, which is defined in subdivision 2, and to require first aid training be repeated every two years in subdivision 3, and require that the CPR training include techniques for infants and children in subdivision 4.  Also in subdivision 4, specifies what CPR training meets the requirement.  Language is stricken in subdivision 5, which requires the commissioner to make available for viewing by child care providers a video presentations on the dangers with shaking infants and young children, and the requirement that the video presentation be part of the initial and ongoing training.  Subdivision 7 increases training hours from eight to 16 hours of training annually.   This section also adds a new subdivisions 9, 10, and 11. 

Subdivision 9 requires at least six hours of approved training on supervising for safety prior to initial licensure, and before caring for children, and at least two hours annually, thereafter.  “Supervising for safety” is defined in this subdivision, and must be developed by the commissioner by January 1, 2014. 

Subdivision 10 requires county licensing staff to accept training approved by the Minnesota Center for Professional Development, as specified in this subdivision. 

Subdivision 11 requires the commissioner to train county licensing staff on the interpretation and intentions of the new requirements  prior to implementation.  New training requirements must not be imposed on providers until the commissioner establishes statewide accessibility to training. 

Sections 20 and 21 impose background study requirements when there has been a transfer of permanent legal and physical custody.

Section 22 (256.0112, subd. 10) requires child foster care contracts to be negotiated according to the new provisions under Minnesota Statutes, chapter 256N, Northstar Care for Children.

Section 23 (256.82, subd. 2) strikes an obsolete date.

Section 24 (256.82, subd. 3) provides that all children entering foster care on or after January 1, 2015, are eligible for Northstar Care for Children. Children in foster care prior to that date remain in the pre-Northstar Care for Children program, and receive the rates effective January 1, 2013.

Section 25 (256.98, subd. 8) changes the disqualification periods for child care assistance programs found guilty of wrongfully obtaining assistance. The disqualifications must be for periods of one year and two years for the first and second offenses, and permanent disqualification for subsequent violations.  Under current law, disqualifications are for three months, six months, and two years for the first, second and third offenses, respectively, and a permanent disqualification for a subsequent violation.  This section is effective February 3, 2014.

Section 26 (256J.08, subd. 24) modifies the definition of “disregard” in the MFIP program, which provides that the disregard for ongoing eligibility is 50 percent of gross earned income, upon approval from the United States Department of Agriculture.  This section is effective October 1, 2013, or upon federal approval.

Section 27 (256J.21, subd. 2)  clarifies that payments for family foster care to children and guardian assistance under chapter 256N, the Northstar Care for Children Act and adoption assistance payments are excluded in determining a family’s income for purposes of MFIP eligibility. This section is effective January 1, 2015.

Section 28 (256J.21, subd. 3) modifies the MFIP initial income test, requiring the applicant to be below the family wage level, instead of the transitional standard of assistance, in order to be eligible for MFIP.   This section is effective October 1, 2013, or upon federal approval.

Section 29 (256J.24, subd. 3) provides that children receiving ongoing guardianship assistance payments under chapter 256N must be excluded from the MFIP assistance unit.  This section is effective January 1, 2015.

Section 30 (256J.24, subd. 7) modifies the family wage level consistent with changes in section 27.  This section is effective October 1, 2013, or upon federal approval.

Section 31 (256J.621) suspends the work participation cash benefits program effective December 1, 2013,  but allows the commissioner to reinstate the program if the state does not meet the federal TANF work participation rate.  The commissioner is required to notify the chairs of the human services committees of the potential federal penalty and the commissioner’s plans to reinstate the program within 30 days of the date the commissioner receives notification from the federal government that the state failed to meet the work participation rate.

Section 32 (256J.626, subd. 7) modifies the TANF performance funds, which distributes funds to counties or tribes that perform above their range of the three-year self-support index. This measure tracks whether adults are either: (1) working an average of 30 or more hours per week; or (2) no longer receiving MFIP cash, three years from a baseline quarter. This section also modifies the consequence if the county or tribe performs below its expected range.

Section 33 (256J.78) allows the commissioner to pursue TANF demonstration projects or waivers of TANF requirements to develop a more results-oriented MFIP.  The commissioner is required to report to the Legislature by March 1, 2014, regarding the process of the waiver or demonstration project. This section is effective the day following final enactment.

Sections 34 to section 45 establish the Northstar Care for Children in chapter 256N.  Northstar Care for Children consolidates child foster care, relative custody assistance, and adoption assistance into one program.  This modification is budget neutral.  The program provides a basic monthly payment based on the children’s age. 

Section 46 to 53 make modifications to existing statute related to the new Northstar Care for Children program, and clarify in new statutes the process for transitioning to the new Northstar Care or Children.

Section 54 provides the repealers.

 
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