1.2relating to human services; modifying child care assistance absent days;
1.3amending Minnesota Statutes 2012, section 119B.13, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. Minnesota Statutes 2012, section 119B.13, subdivision 7, is amended to read:
1.6    Subd. 7. Absent days. (a) Licensed child care providers and license-exempt centers
1.7must not be reimbursed for more than ten 25 full-day absent days per child, excluding
1.8holidays, in a fiscal year, or for more than ten consecutive full-day absent days. Legal
1.9nonlicensed family child care providers must not be reimbursed for absent days. If a child
1.10attends for part of the time authorized to be in care in a day, but is absent for part of the
1.11time authorized to be in care in that same day, the absent time must be reimbursed but the
1.12time must not count toward the ten 25 absent day days limit. Child care providers must
1.13only be reimbursed for absent days if the provider has a written policy for child absences
1.14and charges all other families in care for similar absences.
1.15(b) Notwithstanding paragraph (a), children with documented medical conditions
1.16that cause more frequent absences may exceed the 25 absent days limit, or ten consecutive
1.17full-day absent days limit. Absences due to a documented medical condition of a parent
1.18or sibling who lives in the same residence as the child receiving child care assistance do
1.19not count against the 25-day absent days limit in a fiscal year. Documentation of medical
1.20conditions must be on the forms and submitted according to the timelines established by
1.21the commissioner. A public health nurse or school nurse may verify the illness in lieu of
1.22a medical practitioner. If a provider sends a child home early due to a medical reason,
1.23including, but not limited to, fever or contagious illness, the child care center director or
1.24lead teacher may verify the illness in lieu of a medical practitioner.
2.1(b) (c) Notwithstanding paragraph (a), children in families may exceed the ten 25
2.2 absent days limit if at least one parent: (1) is under the age of 21; (2) does not have a
2.3high school or general equivalency diploma; and (3) is a student in a school district or
2.4another similar program that provides or arranges for child care, parenting support, social
2.5services, career and employment supports, and academic support to achieve high school
2.6graduation, upon request of the program and approval of the county. If a child attends
2.7part of an authorized day, payment to the provider must be for the full amount of care
2.8authorized for that day.
2.9    (c) (d) Child care providers must be reimbursed for up to ten federal or state holidays
2.10or designated holidays per year when the provider charges all families for these days and the
2.11holiday or designated holiday falls on a day when the child is authorized to be in attendance.
2.12Parents may substitute other cultural or religious holidays for the ten recognized state and
2.13federal holidays. Holidays do not count toward the ten 25 absent day days limit.
2.14    (d) (e) A family or child care provider must not be assessed an overpayment for an
2.15absent day payment unless (1) there was an error in the amount of care authorized for the
2.16family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
2.17the family or provider did not timely report a change as required under law.
2.18    (e) (f) The provider and family shall receive notification of the number of absent
2.19days used upon initial provider authorization for a family and ongoing notification of the
2.20number of absent days used as of the date of the notification.