CHILD CARE
Prepared by:
Melinda Hugdahl, Staff Attorney
Legal Services Advocacy Project
651-842-6907
mthugdahl@mnlsap.org

I. ABSENT DAY PAYMENTS
First Special Session, Chapter 9, Article 1, Section 9 (HF 25)
Amends Minn. Stat. § 119B.13, subd. 7
Effective January 1, 2013

A. Absent Days Reduced
Limits absent day child care assistance payments for licensed providers and license-exempt centers from 25 days to 10 days per year, excluding holidays.

B. Exemptions Repealed
Repeals exemptions for: (1) medical conditions; (2) teen parents; and (3) county-based market exceptions

C. Notification to Families Required
Requires: (1) families to be notified of the number of absent days upon initial provider authorization; and (2) ongoing notification of the number of absent days used as of the date of the notification

D. Partial Day Absences Exempted
Provides that partial day absences do not count toward the ten-day limit, but repeals the requirements that the provider will be reimbursed for the full day if the child has a partial day absence.

E. Provider Reimbursements Limited
Restricts provider reimbursements for absent days where the provider: (1) has a written policy for child absences; and (2) all other families in care are similarly charged.

F. Provider Reimbursement Eliminated
Eliminates any absent day payments to legal nonlicensed family child care providers.

II. BASIC SLIDING FEE
First Special Session, Chapter 9, Article 10, Section 3 (HF 25)
Effective July 1, 2011

Captures $5 million from 2010 unspent basic sliding fee reimbursement to counties. Reduces the base general fund amount for basic sliding fee child care by: (1) $990,000 in fiscal year 2014; and (2) $979,000 in fiscal year 2015.

III. CARDIOPULMONARY RESUSCITATION (CPR) REQUIREMENTS
Regular Session, Chapter 23, Sections 1 and 2 (HF 235)
Amends Minn. Stat. § 245A.40, subd. 4
Effective August 1, 2011

Requires all teachers and assistant teachers at a child care center - and at least one staff member who accompanies children when they are being transported (including any field trip) - to be certified in CPR, including CPR for infants and children.

IV. CHILD CARE CENTER EMPLOYEES AND PROVIDERS
First Special Session, Chapter 9, Article 1, Sections 3 and 4 (HF 25)
Amends Minn. Stat. § 119B.09, subd. 10
Adds Minn. Stat. § 119B.09, subd. 9a
Effective Various Dates

A. Receipt of Assistance by Employees
Provides that an employee of a child care center may not receive child care assistance for the employee's child or a child who resides with the employee if the provider's percentage of children on child care assistance is below 50%. Gives the provider four weeks to raise the percentage before child care assistance payments for that child are discontinued.
Adds Minn. Stat. §119B.09, subd. 9a
Effective January 1, 2013

B. Restriction of Provider Payments
Prohibits the distribution of child care funds for child care services provided for a child by a child care center where a provider who resides in the same household or occupies the same residence as the child.
Amends Minn. Stat. §119B.09, subd. 10
Effective March 5, 2012

V. IN-HOME CARE
First Special Session, Chapter 9, Article 1, Section 5 (HF 25)
Adds Minn. Stat. § 119B.09, subd. 13
Effective March 5, 2012

Provides that child care assistance payments for in-home care are only available where: (1) any portion of the parents' qualifying activity occurs when out-of-home care is not available, wherein in-home care can be approved for the entire time; (2) the family lives where out-of-home care is not available; (3) the child's verified illness or disability would place that child or other children in an out-of-home facility at risk; or (4) the illness or disability creates a hardship to take the child to a child care home or center.

VI. TRAINING OF NONLICENSED PROVIDERS
First Special Session, Chapter 9, Article 1, Section 6 (HF 25)
Adds Minn. Stat. § 119B.125, subd. 1b
Effective November 1, 2011 (new providers) and January 1, 2012 (provider renewals)

Requires that the following persons provide verification of completion of CPR and first aid training: (1) legal nonlicensed child care providers who are authorized for child care assistance payments on or after November 1, 2011; and (2) existing legal nonlicensed providers whose authorizations are renewed on or after January 1, 2012. Requires the training to be conducted by an approved instructor. Requires provision by the provider of verification of at least eight additional hours of training at each subsequent provider authorization for child care assistance payments. Requires the training to be listed on the Minnesota Center for Professional Development Registry.

VII. RATE REDUCTION AND LIMITS

A. Child Care Assistance Programs Generally
First Special Session, Chapter 9, Article 1, Section 7 (HF 25)
Amends Minn. Stat. § 119B.13, subd. 1
Effective October 31, 2011 (rate reduction); April 16, 2012 (maximum payment/rate); September 3, 2012 (nonstandard hours and activity fees)

1. Reduction
Reduces child care assistance rate payment by 2.5% of the market rate in existence on July 1, 2006 for all programs except At-Home Infant Care and care provided by legally nonlicensed providers. Eliminates the requirement of a notice of adverse action for the 2006 rate change.

2. Limit
Provides that the maximum daily and weekly payments to providers cannot exceed the maximum daily or weekly rate. Prohibits providers from being paid above the maximum rate for: (1) care provided during nonstandard hours; or (2) activity fees.

B. At-Home Infant Care
First Special Session, Chapter 9, Article 1, Section 2 (HF 25)
Amends Minn. Stat. § 119B.035, subd. 4
Effective October 31, 2011

Reduces the maximum rate for child care assistance payments in At-Home Infant Care program from 90% of market rate to 68% of market rate.

C. Nonlicensed Providers
First Special Session, Chapter 9, Article 1, Section 8 (HF 25)
Amends Minn. Stat. § 119B.13, subd. 1a
Effective October 31, 2011 (rate change) and April 16, 2012 (maximum rate)

Reduces the maximum rate for nonlicensed providers from 80% to 68% of the maximum rate paid to licensed providers. Establishes: (1) a maximum daily rate (which cannot exceed ten times the maximum hourly rate); and a maximum weekly rate (which cannot exceed the fifty times the maximum hourly rate).

VIII. TEMPORARY ABSENCE
First Special Session, Chapter 9, Article 1, Section 1 (HF 25)
Amends Minn. Stat. § 119B.011, subd. 13
Effective April 16, 2012

Creates a 60-day time limit for an adult caregiver in a household to be considered "temporarily absent" from the home. Adjusts the family income for purposes of determining assistance eligibility and copays after the 60 days, unless the absence is due to an authorized activity listed in Chapter 119B. Permits the case to be referred to child support if the absent family member is a parent.