Child care licensing and reporting requirements provisions modifications

A bill for an act

relating to child care; requiring an indication of self-report on child care licensing

notifications; requiring licensed child care centers to provide information on

physical abuse and neglect; requiring child care programs to notify parents about

responses from emergency responders; amending Minnesota Statutes 2024, sections

142B.16, subdivision 1, by adding a subdivision; 142B.17, subdivision 1; 142B.18,

by adding a subdivision; 142B.61, by adding a subdivision; 142B.66, by adding

a subdivision; 142B.71, by adding a subdivision; Minnesota Statutes 2025

Supplement, section 142B.171, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 142B.16, subdivision 1, is amended to read:

Subdivision 1.

Contents of correction orders and conditional licenses.

(a) If the

commissioner finds that the applicant or license holder has failed to comply with an

applicable law or rule and this failure does not imminently endanger the health, safety, or

rights of the persons served by the program, the commissioner may issue a correction order

and an order of conditional license to the applicant or license holder. When issuing a

conditional license, the commissioner shall consider the nature, chronicity, or severity of

the violation of law or rule and the effect of the violation on the health, safety, or rights of

persons served by the program. The correction order or conditional license must state the

following in plain language:

(1) the conditions that constitute a violation of the law or rule;

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(2) whether the conditions were self-reported by the applicant or license holder;

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(2)
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(3)
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the specific law or rule violated;

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(3)
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(4)
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the time allowed to correct each violation; and

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(4)
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(5)
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if a license is made conditional, the length and terms of the conditional license,

and the reasons for making the license conditional.

(b) Nothing in this section prohibits the commissioner from proposing a sanction as

specified in section
142B.18
, prior to issuing a correction order or conditional license.

(c) The commissioner may issue a correction order and an order of conditional license

to the applicant or license holder through the provider licensing and reporting hub.

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EFFECTIVE DATE.

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This section is effective January 15, 2027.

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Sec. 2.

Minnesota Statutes 2024, section 142B.16, is amended by adding a subdivision to

read:

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Subd. 5a.

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Posting orders on department website.

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If the commissioner posts an order

of conditional license or a correction order for a licensed family child care provider or child

care center on the department's website, the summary information posted for the order must

include, at a minimum, whether the license holder self-reported the conditions that constitute

the violation of law or rule cited in the order.

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EFFECTIVE DATE.

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This section is effective January 15, 2027.

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Sec. 3.

Minnesota Statutes 2024, section 142B.17, subdivision 1, is amended to read:

Subdivision 1.

Fix-it ticket.

(a) In lieu of a correction order under section
142B.16
, the

commissioner shall issue a fix-it ticket to a family child care or child care center license

holder if the commissioner finds that:

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota

Rules, chapter
9502
or
9503
, that the commissioner determines to be eligible for a fix-it

ticket;

(2) the violation does not imminently endanger the health, safety, or rights of the persons

served by the program;

(3) the license holder did not receive a fix-it ticket or correction order for the violation

at the license holder's last licensing inspection;

(4) the violation can be corrected at the time of inspection or within 48 hours, excluding

Saturdays, Sundays, and holidays; and

(5) the license holder corrects the violation at the time of inspection or agrees to correct

the violation within 48 hours, excluding Saturdays, Sundays, and holidays.

(b) The fix-it ticket must state:

(1) the conditions that constitute a violation of the law or rule;

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(2) whether the conditions were self-reported by the license holder;

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(2)
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(3)
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the specific law or rule violated; and

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(3)
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(4)
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that the violation was corrected at the time of inspection or must be corrected

within 48 hours, excluding Saturdays, Sundays, and holidays.

(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.

(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it

ticket, the license holder must correct the violation and within one week submit evidence

to the licensing agency that the violation was corrected.

(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding

Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that

the license holder corrected the violation, the commissioner must issue a correction order

for the violation of Minnesota law or rule identified in the fix-it ticket according to section

142B.16
.

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EFFECTIVE DATE.

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This section is effective January 15, 2027.

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Sec. 4.

Minnesota Statutes 2025 Supplement, section 142B.171, subdivision 2, is amended

to read:

Subd. 2.

Documented technical assistance.

(a) In lieu of a correction order under section

142B.16
, the commissioner shall provide documented technical assistance to a family child

care or child care center license holder if the commissioner finds that:

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota

Rules, chapter
9502
or
9503
, that the commissioner determines to be low risk as determined

by the child care weighted risk system;

(2) the noncompliance does not imminently endanger the health, safety, or rights of the

persons served by the program; and

(3) the license holder did not receive documented technical assistance or a correction

order for the same violation at the license holder's most recent annual licensing inspection.

(b) Documented technical assistance must include communication from the commissioner

to the license holder that:

(1) states the conditions that constitute a violation of a law or rule;

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(2) identifies whether the conditions were self-reported by the license holder;

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(2)
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(3)
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references the specific law or rule violated; and

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(3)
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(4)
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explains remedies for correcting the violation.

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EFFECTIVE DATE.

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This section is effective January 15, 2027.

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Sec. 5.

Minnesota Statutes 2024, section 142B.18, is amended by adding a subdivision to

read:

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Subd. 6a.

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Indication of self-report.

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(a) For an order of license suspension, a temporary

immediate suspension, a fine, or a revocation issued by the commissioner to a licensed

family child care provider or child care center under this section, the order must indicate

whether the conditions that constitute the violation of law or rule were self-reported by the

license holder.

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(b) If the commissioner posts an order of license suspension, a temporary immediate

suspension, a fine, or a revocation for a licensed family child care provider or child care

center on the department's website, the summary information posted for the order must

include, at a minimum, whether the license holder self-reported the conditions that constitute

the violation of law or rule cited in the order.

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EFFECTIVE DATE.

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This section is effective January 15, 2027.

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Sec. 6.

Minnesota Statutes 2024, section 142B.61, is amended by adding a subdivision to

read:

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Subd. 3.

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Education on recognizing physical abuse.

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(a) Upon a child's enrollment, a

licensed child care center must provide parents and caregivers with written materials approved

by the commissioner according to paragraph (c) on how to recognize the signs of physical

abuse and neglect in infants and children and how to report suspected physical abuse or

neglect. The parent or caregiver enrolling the child must sign an attestation that the parent

or caregiver received the written materials.

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(b) A licensed child care center must post and maintain a poster approved by the

commissioner according to paragraph (c). The poster must be posted in a place that is visible

to the people receiving services and all visitors to the facility.

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(c) The commissioner, in consultation with the commissioner of health, must:

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(1) approve written materials to educate parents and caregivers on how to recognize the

signs of physical abuse and neglect in infants and children and how to report suspected

physical abuse or neglect. At a minimum, the materials must be available in English and

the three most commonly spoken non-English languages in the state as determined by the

state demographer for the previous calendar year;

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(2) approve a poster to educate parents and caregivers on how to recognize the signs of

physical abuse and neglect in infants and children and how to report suspected physical

abuse or neglect; and

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(3) review and update the written materials and poster every five years.

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EFFECTIVE DATE.

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This section is effective January 15, 2027.

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Sec. 7.

Minnesota Statutes 2024, section 142B.66, is amended by adding a subdivision to

read:

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Subd. 6.

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Notification about emergency responders.

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A license holder must notify the

parents and legal guardians of children in care if an emergency responder is called to the

center while children are in care. The notification must identify the type of emergency

response and be made within 48 hours of the response.

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EFFECTIVE DATE.

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This section is effective January 15, 2027.

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Sec. 8.

Minnesota Statutes 2024, section 142B.71, is amended by adding a subdivision to

read:

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Subd. 6.

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Notification about emergency responders.

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A license holder must notify the

parents and legal guardians of children in care if an emergency responder is called to the

program while children are in care. The notification must identify the type of emergency

response and be made within 48 hours of the response.

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EFFECTIVE DATE.

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This section is effective January 15, 2027.

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