Bill Text: MN HF2001 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Family child care training and background study requirements modified, and safe sleep spaces for infants in child care requirements clarified.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2014-03-17 - Committee report, to adopt as amended and re-refer to Health and Human Services Policy [HF2001 Detail]
Download: Minnesota-2013-HF2001-Engrossed.html
1.2relating to human services; modifying family child care training and background
1.3study requirements; clarifying requirements for safe sleep spaces for infants in
1.4child care;amending Minnesota Statutes 2012, section 245C.04, by adding a
1.5subdivision; Minnesota Statutes 2013 Supplement, sections 245A.1435; 245A.50,
1.6subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 245A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
1.9245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
1.10DEATH IN LICENSED PROGRAMS.
1.11 (a) When a license holder is placing an infant to sleep, the license holder must place
1.12the infant on the infant's back, unless the license holder has documentation from the
1.13infant's physician directing an alternative sleeping position for the infant. The physician
1.14directive must be on a form approved by the commissioner and must remain on file at the
1.15licensed location. An infant who independently rolls onto its stomach after being placed to
1.16sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
1.17six months of age or the license holder has a signed statement from the parent indicating
1.18that the infant regularly rolls over at home.
1.19(b) The license holder must place the infant in a crib directly on a firm mattress with
1.20a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
1.21overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
1.22the sheet with reasonable effort. The license holder must not place anything in the crib with
1.23the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
1.24part 1511. The requirements of this section apply to license holders serving infants younger
1.25than one year of age. Licensed child care providers must meet the crib requirements under
2.1section245A.146 . A correction order shall not be issued under this paragraph unless there
2.2is evidence that a violation occurred when an infant was present in the license holder's care.
2.3(c) If an infant falls asleep before being placed in a crib, the license holder must
2.4move the infant to a crib as soon as practicable, and must keep the infant within sight of
2.5the license holder until the infant is placed in a crib. When an infant falls asleep while
2.6being held, the license holder must consider the supervision needs of other children in
2.7care when determining how long to hold the infant before placing the infant in a crib to
2.8sleep. The sleeping infant must not be in a position where the airway may be blocked or
2.9with anything covering the infant's face.
2.10(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
2.11for an infant of any age and is prohibited for any infant who has begun to roll over
2.12independently. However, with the written consent of a parent or guardian according to this
2.13paragraph, a license holder may place the infant who has not yet begun to roll over on its
2.14own down to sleep in a one-piece sleeper equipped with an attached system that fastens
2.15securely only across the upper torso, with no constriction of the hips or legs, to create a
2.16swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
2.17the license holder must obtain informed written consent for the use of swaddling from the
2.18parent or guardian of the infant on a form provided by the commissioner and prepared in
2.19partnership with the Minnesota Sudden Infant Death Center.
2.20(e) A license holder must be able to show a safe sleep space readily available for
2.21each infant present in the license holder's care. Each safe sleep space must meet the
2.22requirements of this subdivision.
2.23 Sec. 2. [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
2.24CARE LICENSE HOLDERS.
2.25 Contractors who serve multiple family child care holders may request that the
2.26county agency maintain a record of:
2.27 (1) the contractor's background study results as required in section 245C.04,
2.28subdivision 7, to verify that the contractor does not have a disqualification or a
2.29disqualification that has not been set aside, and is eligible to provide direct contact services
2.30in a licensed program; and
2.31 (2) the contractor's compliance with training requirements.
2.32 Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
2.33amended to read:
3.1 Subd. 5. Sudden unexpected infant death and abusive head trauma training.
3.2 (a) License holders must document that before staff persons, caregivers, and helpers
3.3assist in the care of infants, they are instructed on the standards in section245A.1435 and
3.4receive training on reducing the risk of sudden unexpected infant death. In addition,
3.5license holders must document that before staff persons, caregivers, and helpers assist in
3.6the care of infants and children under school age, they receive training on reducing the
3.7risk of abusive head trauma from shaking infants and young children. The training in this
3.8subdivision may be provided as initial training under subdivision 1 or ongoing annual
3.9training under subdivision 7.
3.10 (b) Sudden unexpected infant death reduction training required under this subdivision
3.11mustbe at least one-half hour in length and must be completed in person at least once
3.12every two years. On the years when the license holder is not receiving the in-person
3.13training on sudden unexpected infant death reduction, the license holder must receive
3.14sudden unexpected infant death reduction training through a video of no more than one
3.15hour in length developed or approved by the commissioner., at a minimum, the training
3.16must address the risk factors related to sudden unexpected infant death, means of reducing
3.17the risk of sudden unexpected infant death in child care, and license holder communication
3.18with parents regarding reducing the risk of sudden unexpected infant death.
3.19 (c) Abusive head trauma training required under this subdivision mustbe at least
3.20one-half hour in length and must be completed at least once every year., at a minimum,
3.21the training must address the risk factors related to shaking infants and young children,
3.22means of reducing the risk of abusive head trauma in child care, and license holder
3.23communication with parents regarding reducing the risk of abusive head trauma.
3.24(d) Training for family and group family child care providers must be developed
3.25by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
3.26approved by the Minnesota Center for Professional Development. Sudden unexpected
3.27infant death reduction training and abusive head trauma training may be provided in a
3.28single course of no more than two hours in length.
3.29(e) Sudden unexpected infant death reduction training and abusive head trauma
3.30training required under this subdivision must be completed in person or as allowed under
3.31subdivision 10, clause (1) or (2), at least once every two years. On the years when the
3.32license holder is not receiving training in person or as allowed under subdivision 10,
3.33clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
3.34training and abusive head trauma training through a video of no more than one hour in
3.35length. The video must be developed or approved by the commissioner.
3.36EFFECTIVE DATE.This section is effective January 1, 2015.
4.1 Sec. 4. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
4.2to read:
4.3 Subd. 7. Current or prospective contractors serving multiple family child care
4.4license holders. Current or prospective contractors who are required to have a background
4.5study under section 245C.03, subdivision 1, provide services for multiple family child
4.6care license holders in a single county, and will have direct contact with children served
4.7in the family child care setting are required to have only one background study which is
4.8transferable to all family child care programs in that county if:
4.9 (1) the county agency maintains a record of the contractor's background study results
4.10which verify the contractor is approved to have direct contact with children receiving
4.11services;
4.12 (2) the license holder contacts the county agency and obtains notice that the current
4.13or prospective contractor is in compliance with background study requirements and
4.14approved to have direct contact; and
4.15 (3) the contractor's background study is repeated every two years.
1.3study requirements; clarifying requirements for safe sleep spaces for infants in
1.4child care;amending Minnesota Statutes 2012, section 245C.04, by adding a
1.5subdivision; Minnesota Statutes 2013 Supplement, sections 245A.1435; 245A.50,
1.6subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 245A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
1.9245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
1.10DEATH IN LICENSED PROGRAMS.
1.11 (a) When a license holder is placing an infant to sleep, the license holder must place
1.12the infant on the infant's back, unless the license holder has documentation from the
1.13infant's physician directing an alternative sleeping position for the infant. The physician
1.14directive must be on a form approved by the commissioner and must remain on file at the
1.15licensed location. An infant who independently rolls onto its stomach after being placed to
1.16sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
1.17six months of age or the license holder has a signed statement from the parent indicating
1.18that the infant regularly rolls over at home.
1.19(b) The license holder must place the infant in a crib directly on a firm mattress with
1.20a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
1.21overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
1.22the sheet with reasonable effort. The license holder must not place anything in the crib with
1.23the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
1.24part 1511. The requirements of this section apply to license holders serving infants younger
1.25than one year of age. Licensed child care providers must meet the crib requirements under
2.1section
2.2is evidence that a violation occurred when an infant was present in the license holder's care.
2.3(c) If an infant falls asleep before being placed in a crib, the license holder must
2.4move the infant to a crib as soon as practicable, and must keep the infant within sight of
2.5the license holder until the infant is placed in a crib. When an infant falls asleep while
2.6being held, the license holder must consider the supervision needs of other children in
2.7care when determining how long to hold the infant before placing the infant in a crib to
2.8sleep. The sleeping infant must not be in a position where the airway may be blocked or
2.9with anything covering the infant's face.
2.10(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
2.11for an infant of any age and is prohibited for any infant who has begun to roll over
2.12independently. However, with the written consent of a parent or guardian according to this
2.13paragraph, a license holder may place the infant who has not yet begun to roll over on its
2.14own down to sleep in a one-piece sleeper equipped with an attached system that fastens
2.15securely only across the upper torso, with no constriction of the hips or legs, to create a
2.16swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
2.17the license holder must obtain informed written consent for the use of swaddling from the
2.18parent or guardian of the infant on a form provided by the commissioner and prepared in
2.19partnership with the Minnesota Sudden Infant Death Center.
2.20(e) A license holder must be able to show a safe sleep space readily available for
2.21each infant present in the license holder's care. Each safe sleep space must meet the
2.22requirements of this subdivision.
2.23 Sec. 2. [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
2.24CARE LICENSE HOLDERS.
2.25 Contractors who serve multiple family child care holders may request that the
2.26county agency maintain a record of:
2.27 (1) the contractor's background study results as required in section 245C.04,
2.28subdivision 7, to verify that the contractor does not have a disqualification or a
2.29disqualification that has not been set aside, and is eligible to provide direct contact services
2.30in a licensed program; and
2.31 (2) the contractor's compliance with training requirements.
2.32 Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
2.33amended to read:
3.1 Subd. 5. Sudden unexpected infant death and abusive head trauma training.
3.2 (a) License holders must document that before staff persons, caregivers, and helpers
3.3assist in the care of infants, they are instructed on the standards in section
3.4receive training on reducing the risk of sudden unexpected infant death. In addition,
3.5license holders must document that before staff persons, caregivers, and helpers assist in
3.6the care of infants and children under school age, they receive training on reducing the
3.7risk of abusive head trauma from shaking infants and young children. The training in this
3.8subdivision may be provided as initial training under subdivision 1 or ongoing annual
3.9training under subdivision 7.
3.10 (b) Sudden unexpected infant death reduction training required under this subdivision
3.11must
3.12
3.13
3.14
3.15
3.16
3.17the risk of sudden unexpected infant death in child care, and license holder communication
3.18with parents regarding reducing the risk of sudden unexpected infant death.
3.19 (c) Abusive head trauma training required under this subdivision must
3.20
3.21
3.22means of reducing the risk of abusive head trauma in child care, and license holder
3.23communication with parents regarding reducing the risk of abusive head trauma.
3.24(d) Training for family and group family child care providers must be developed
3.25by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
3.26approved by the Minnesota Center for Professional Development. Sudden unexpected
3.27infant death reduction training and abusive head trauma training may be provided in a
3.28single course of no more than two hours in length.
3.29(e) Sudden unexpected infant death reduction training and abusive head trauma
3.30training required under this subdivision must be completed in person or as allowed under
3.31subdivision 10, clause (1) or (2), at least once every two years. On the years when the
3.32license holder is not receiving training in person or as allowed under subdivision 10,
3.33clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
3.34training and abusive head trauma training through a video of no more than one hour in
3.35length. The video must be developed or approved by the commissioner.
3.36EFFECTIVE DATE.This section is effective January 1, 2015.
4.1 Sec. 4. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
4.2to read:
4.3 Subd. 7. Current or prospective contractors serving multiple family child care
4.4license holders. Current or prospective contractors who are required to have a background
4.5study under section 245C.03, subdivision 1, provide services for multiple family child
4.6care license holders in a single county, and will have direct contact with children served
4.7in the family child care setting are required to have only one background study which is
4.8transferable to all family child care programs in that county if:
4.9 (1) the county agency maintains a record of the contractor's background study results
4.10which verify the contractor is approved to have direct contact with children receiving
4.11services;
4.12 (2) the license holder contacts the county agency and obtains notice that the current
4.13or prospective contractor is in compliance with background study requirements and
4.14approved to have direct contact; and
4.15 (3) the contractor's background study is repeated every two years.
