piers109uk/MN-Statutes huggingface dataset:
142B.49 CARE OF INDIVIDUALS ON MEDICAL MONITORING EQUIPMENT.
This section applies to foster care agencies and licensed foster care providers who place, supervise, or care for individuals who rely on medical monitoring equipment to sustain life or monitor a medical condition that could become life-threatening without proper use of the medical equipment in respite care or foster care.
In order for an agency to place an individual who relies on medical equipment to sustain life or monitor a medical condition that could become life-threatening without proper use of the medical equipment with a foster care provider, the agency must ensure that the foster care provider has received the training to operate such equipment as observed and confirmed by a qualified source, and that the provider:
(1) is currently caring for an individual who is using the same equipment in the foster home; or
(2) has written documentation that the foster care provider has cared for an individual who relied on such equipment within the past six months; or
(3) has successfully completed training with the individual being placed with the provider.
A foster care provider shall not care for an individual who relies on medical equipment to sustain life or monitor a medical condition unless the provider has received the training to operate such equipment as observed and confirmed by a qualified source, and:
(1) is currently caring for an individual who is using the same equipment in the foster home; or
(2) has written documentation that the foster care provider has cared for an individual who relied on such equipment within the past six months; or
(3) has successfully completed training with the individual being placed with the provider.
For purposes of this section, a "qualified source" includes a health care professional or an individual who provides training on such equipment.
The agency supervising the foster care provider shall keep a training and skills form on file for each foster care provider and update the form annually. The agency placing the individual shall obtain a copy of the training and skills form from the foster care provider or the agency supervising the foster care provider and shall keep it and any updated information on file for the duration of the placement. The form must be made available to the parents or the primary caregiver and social worker of the individual, or the individual, whichever is applicable, in order to make an informed placement decision. The agency shall use the training and skills form developed by the commissioner of children, youth, and families.
142A.11 COUNTY PUBLIC ASSISTANCE INCENTIVE FUND.
(a) The commissioner of children, youth, and families, in coordination with the commissioner of human services, shall grant incentive awards of money specifically appropriated for this purpose to counties that: (1) have not been assessed an administrative penalty under section 256.017 in the corresponding fiscal year; and (2) perform satisfactorily according to indicators established by the commissioner.
(b) After consultation with county agencies, the commissioner shall inform county agencies in writing of the performance indicators that govern the awarding of the incentive fund for each fiscal year by April of the preceding fiscal year.
(c) The commissioner may set performance indicators to govern the awarding of the total fund, may allocate portions of the fund to be awarded by unique indicators, or may set a sole indicator to govern the awarding of funds.
(d) The funds shall be awarded to qualifying county agencies according to their share of benefits for the programs related to the performance indicators governing the distribution of the fund or part of the fund as compared to the total benefits of all qualifying county agencies for the programs related to the performance indicators governing the distribution of the fund or part of the fund.
142F.12 SUPPLEMENTAL NUTRITION ASSISTANCE OUTREACH PROGRAM.
The commissioner of children, youth, and families shall implement a Supplemental Nutrition Assistance Program (SNAP) outreach program to inform low-income households about the availability, eligibility requirements, application procedures, and benefits of SNAP that meets the requirements of the United States Department of Agriculture.
In addition to any other duties imposed by federal law, the commissioner shall:
(1) supervise the administration of the SNAP outreach program according to guidance provided by the United States Department of Agriculture;
(2) submit the SNAP outreach plan and budget to the United States Department of Agriculture;
(3) accept any funds provided by the federal government or other sources for SNAP outreach;
(4) administer the request-for-proposals process and establish contracts with grantees to ensure SNAP outreach services are available to inform low-income households statewide;
(5) approve budgets from grantees to ensure that activities are eligible for federal reimbursement;
(6) monitor grantees, review invoices, and reimburse grantees for allowable costs that are eligible for federal reimbursement;
(7) provide technical assistance to grantees to ensure that projects support SNAP outreach goals and project costs are eligible for federal reimbursement;
(8) work in partnership with counties, Tribal Nations, and community organizations to enhance the reach and services of a statewide SNAP outreach program; and
(9) identify and leverage eligible nonfederal funds to earn federal reimbursement for SNAP outreach.
(a) Grantees must submit allowable costs for approved SNAP outreach activities to the commissioner in order to receive federal reimbursement.
(b) The commissioner shall disburse federal reimbursement funds for allowable costs for approved SNAP outreach activities to the state agency or grantee that incurred the costs being reimbursed.
142F.11 FEDERAL WAIVER.
The commissioner shall exercise the authority granted by Public Law 104-193, title VIII, section 824, and request the Secretary of the United States Department of Agriculture to grant waivers of the federal Supplemental Nutrition Assistance Program (SNAP) work requirements of section 824, for every county and reservation in which:
(1) the county or reservation has an unemployment rate over ten percent; or
(2) the county or reservation does not have a sufficient number of jobs to provide employment for individuals.
142B.50 DISCLOSURE OF COMMUNICABLE DISEASE.
This section applies to county agencies, private child-placing agencies, and individuals who place children or youth who have a known communicable disease, as defined in section 144.4172, subdivision 2, in foster care settings licensed under this chapter.
Notwithstanding sections 144.291 to 144.298, before a county agency, private child-placing agency, or individual places a child or youth with a known communicable disease with a licensed foster care provider, the agency or individual must:
(1) disclose to the foster care license holder the child's communicable disease; and
(2) determine that the foster care provider has the ability to provide care to the child or youth.
142F.13 MINNESOTA FOOD ASSISTANCE PROGRAM.
The Minnesota food assistance program is established to provide food assistance to legal noncitizens residing in this state who are ineligible to participate in the federal Supplemental Nutrition Assistance Program (SNAP) solely due to the provisions of section 402 or 403 of Public Law 104-193, as authorized by Title VII of the 1997 Emergency Supplemental Appropriations Act, Public Law 105-18, and as amended by Public Law 105-185.
The Minnesota food assistance program is limited to those noncitizens described in this subdivision who are 50 years of age or older.
To be eligible for the Minnesota food assistance program, all of the following conditions must be met:
(1) the applicant must meet the initial and ongoing eligibility requirements for the federal SNAP, except for the applicant's ineligible immigration status;
(2) the applicant must be either a qualified noncitizen as defined in section 142G.02, subdivision 80, or a noncitizen otherwise residing lawfully in the United States;
(3) the applicant must be a resident of the state; and
(4) the applicant must not be receiving assistance under MFIP.
(a) The rules for the Minnesota food assistance program shall follow exactly the regulations for the federal SNAP, except for the provisions pertaining to immigration status under section 402 or 403 of Public Law 104-193.
(b) The county agency shall use the income, budgeting, and benefit allotment regulations of the federal SNAP to calculate an eligible recipient's monthly Minnesota food assistance program benefit. Eligible recipients shall receive the same level of benefits as those provided by the federal SNAP to similarly situated citizen recipients. The monthly Minnesota food assistance program benefits shall not exceed an amount equal to the amount of federal SNAP benefits the household would receive if all members of the household were eligible for the federal SNAP benefits.
(c) Minnesota food assistance program benefits must be disregarded as income in all programs that do not count SNAP benefits as income.
(d) The county agency must redetermine a Minnesota food assistance program recipient's eligibility for the federal SNAP when the agency receives information that the recipient's legal immigration status has changed in such a way that would make the recipient potentially eligible for the federal SNAP.
142B.51 CHILD PASSENGER RESTRAINT SYSTEMS.
When a child is transported, a license holder must comply with all seat belt and child passenger restraint system requirements under sections 169.685 and 169.686.
(a) Programs licensed by the Department of Human Services under chapter 245A or the Department of Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that serve a child or children under eight years of age must document training that fulfills the requirements in this subdivision.
(b) Before a license holder, staff person, or caregiver transports a child or children under age eight in a motor vehicle, the person transporting the child must satisfactorily complete training on the proper use and installation of child restraint systems in motor vehicles. Training completed under this section may be used to meet initial or ongoing training under Minnesota Rules, part 2960.3070, subparts 1 and 2.
(c) Training required under this section must be completed at orientation or initial training and repeated at least once every five years. At a minimum, the training must address the proper use of child restraint systems based on the child's size, weight, and age, and the proper installation of a car seat or booster seat in the motor vehicle used by the license holder to transport the child or children.
(d) Training under paragraph (c) must be provided by individuals who are certified and approved by the Office of Traffic Safety within the Department of Public Safety. License holders may obtain a list of certified and approved trainers through the Department of Public Safety website or by contacting the agency.
(e) Notwithstanding paragraph (a), for an emergency relative placement under section 142B.06, the commissioner may grant a variance to the training required by this subdivision for a relative who completes a child seat safety check up. The child seat safety check up trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and must provide one-on-one instruction on placing a child of a specific age in the exact child passenger restraint in the motor vehicle in which the child will be transported. Once granted a variance, and if all other licensing requirements are met, the relative applicant may receive a license and may transport a relative foster child younger than eight years of age. A child seat safety check up must be completed each time a child requires a different size car seat according to car seat and vehicle manufacturer guidelines. A relative license holder must complete training that meets the other requirements of this subdivision prior to placement of another foster child younger than eight years of age in the home or prior to the renewal of the child foster care license.
142B.52 PRONE RESTRAINT PROHIBITION.
Programs licensed under this chapter must comply with the requirements of section 245A.211.
142F.15 AMERICAN INDIAN FOOD SOVEREIGNTY FUNDING PROGRAM.
The American Indian food sovereignty funding program is established to improve access and equity to food security programs within Tribal and American Indian communities. The program shall assist Tribal Nations and American Indian communities in achieving self-determination and improve collaboration and partnership building between American Indian communities and the state. The commissioner of children, youth, and families shall administer the program and provide outreach, technical assistance, and program development support to increase food security for American Indians.
(a) The commissioner shall provide funding to support food system changes and provide equitable access to existing and new methods of food support for American Indian communities. The commissioner shall determine the timing and form of the application for the program.
(b) Eligible recipients of funding under this section include:
(1) federally recognized American Indian Tribes or Bands in Minnesota as defined in section 10.65; or
(2) nonprofit organizations or fiscal sponsors with a majority American Indian board of directors.
(c) Funding for American Indian Tribes or Bands must be allocated by a formula determined by the commissioner. Funding for nonprofit organizations or fiscal sponsors must be awarded through a competitive grant process.
Recipients shall use money provided under this section to promote food security for American Indian communities by:
(1) planning for sustainable food systems;
(2) implementing food security programs, including but not limited to technology to facilitate no-contact or low-contact food distribution and outreach models;
(3) providing culturally relevant training for building food access;
(4) purchasing, producing, processing, transporting, storing, and coordinating the distribution of food, including culturally relevant food; and
(5) purchasing seeds, plants, equipment, or materials to preserve, procure, or grow food.
Recipients shall report on the use of American Indian food sovereignty funding program money under this section to the commissioner.
The commissioner shall determine the timing and form required for the reports.
142A.14 TAX REBATES.
Any federal or state tax rebate received by a recipient of a public assistance program shall not be counted as income or as an asset for purposes of any of the public assistance programs under this chapter or any other chapter, including, but not limited to, chapters 142E, 142F, and 142G to the extent permitted under federal law.
142B.53 MANDATORY REPORTING.
Any individual engaging in licensing functions and activities under this chapter, including authorities delegated under section 142B.30, must immediately report any suspected fraud to county children, youth, and families investigators or the Department of Children, Youth, and Families Office of Inspector General.
142F.30 FINANCIAL ASSISTANCE FOR COMMUNITY ACTION AGENCIES.
For the purposes of sections 142F.30 to 142F.302, "poverty level population" means the number of people whose household income is at or below the poverty line established by the United States Office of Management and Budget in accordance with the most recent state population figures established by the United States Department of Commerce, Bureau of the Census.
The commissioner of children, youth, and families may provide financial assistance for community action agencies, Indian reservations, and migrant and seasonal farmworker organizations to carry out community action programs as described in section 142F.302 in accordance with the Omnibus Reconciliation Act of 1981, Public Law 97-35, as amended in 1984, Public Law 98-558, state law, and federal law and regulation.
(a) State money appropriated and community service block grant money allotted to the state and all money transferred to the community service block grant from other block grants shall be allocated annually to community action agencies and Indian reservation governments under paragraphs (b) and (c), and to migrant and seasonal farmworker organizations under paragraph (d).
(b) The available annual money will provide base funding to all community action agencies and the Indian reservations. Base funding amounts per agency are as follows: for agencies with low-income populations up to 23,999, $50,000; and 24,000 or more, $100,000.
(c) All remaining money of the annual money available after the base funding has been determined must be allocated to each agency and reservation in proportion to the size of the poverty-level population in the agency's service area compared to the size of the poverty-level population in the state.
(d) Allocation of money to migrant and seasonal farmworker organizations must not exceed three percent of the total annual money available. Base funding allocations must be made for all community action agencies and Indian reservations that received money under this subdivision, in fiscal year 1984, and for community action agencies designated under this section with a service area population of 35,000 or greater.
In the case of a merger between community action agencies, the newly created agency receives a base funding amount equal to the sum of the merged agencies' base funding amounts at the point of the merger as described in subdivision 2, paragraph (b), unless the commissioner determines the funding amount should be less than the sum of the merged agencies' base funding amount due to savings resulting from fewer redundancies and duplicative services.
Each community action agency receiving funds under this section shall report annually to the commissioner concerning the use of the funds.
142B.60 INFORMATION FOR CHILD CARE LICENSE HOLDERS.
The commissioner shall inform family child care and child care center license holders on a timely basis of changes to state and federal statute, rule, regulation, and policy relating to the provision of licensed child care, the child care assistance program under chapter 142E, the quality rating and improvement system under section 142D.13, and child care licensing functions delegated to counties. Communications under this section shall be in plain language and include information to promote license holder compliance with identified changes. Communications under this section may be accomplished by electronic means and shall be made available to the public online.
142B.61 CHILD CARE PROGRAM REPORTING NOTIFICATION.
(a) The Department of Children, Youth, and Families must develop policies and procedures for reporting suspected child maltreatment that fulfill the requirements in chapter 260E and provide the policies and procedures to all licensed child care providers. The policies and procedures must be written in plain language.
(b) The policies and procedures required in paragraph (a) must:
(1) be provided to the parents of all children at the time of enrollment in the child care program; and
(2) be made available upon request.
A new or renewed child care license must include the licensing agency's telephone number and a statement that informs parents who have questions about their child's care that they may call the licensing agency.
142F.302 COMMUNITY ACTION PROGRAMS.
A community action program is a community based and operated program which:
(1) includes or is designed to include a sufficient number of projects or components to provide, in sum, a range of services and activities having a measurable and potentially major impact on causes of poverty in the community or those areas of the community where poverty is a particularly acute problem;
(2) has been developed, and which organizes and combines its component projects and activities, in a manner appropriate to carry out all the purposes of sections 142F.30 to 142F.302; and
(3) conforms to any other supplementary criteria as the governor may prescribe consistent with the purposes and provisions of sections 142F.30 to 142F.302.
The components of a community action program shall be designed to assist participants, including homeless individuals and families, migrant and seasonal farmworkers, and the elderly poor to achieve increased self-sufficiency and greater participation in the affairs of the community by providing services and programs not sufficiently provided in the community by any governmental unit, any public institution, or any other publicly funded agency or corporation. Community action agencies, governmental units, public institutions or other publicly funded agencies or corporations shall consult on whether or not a program or service is sufficiently provided in the community.
Components of a community action program may be administered by the community action agency when consistent with sound and efficient management and applicable law, or by other agencies. They may be projects eligible for assistance under section 142F.30, or projects assisted from other public or private sources; and they may be either specially designed to meet local needs, or designed pursuant to the eligibility standards of a state or federal program providing assistance to a particular kind of activity which will help in meeting those needs.
Data collected on individuals from which the identity of any individual receiving services may be determined are private data on individuals as defined in section 13.02.
142D.06 SCHOOL READINESS AID.
(a) A district is eligible to receive school readiness aid for eligible prekindergarten pupils enrolled in a school readiness program under section 142D.05 if the biennial plan required by section 142D.05, subdivision 3a, has been approved by the commissioner.
(b) A district must receive school readiness aid equal to:
(1) the number of four-year-old children in the district on October 1 for the previous school year times the ratio of 50 percent of the total school readiness aid for that year to the total number of four-year-old children reported to the commissioner for the previous school year; plus
(2) the number of pupils enrolled in the school district from families eligible for the free or reduced-price meals program for the previous school year times the ratio of 50 percent of the total school readiness aid for that year to the total number of pupils in the state from families eligible for the free or reduced-price meals program for the previous school year.
(c) The total school readiness aid entitlement equals $23,558,000 for fiscal year 2016 and $33,683,000 for fiscal year 2017 and later.
School readiness aid shall be used only to provide a school readiness program and may be used to provide transportation. Not more than five percent of program revenue, as defined in subdivision 3, may be used for the cost of administering the program. Aid must be used to supplement and not supplant local, state, and federal funding. Aid may not be used for instruction and services required under sections 125A.03 to 125A.24 and 125A.65. Aid may not be used to purchase land or construct buildings, but may be used to lease or renovate existing buildings.
School readiness revenue, which includes aids, fees, grants, and all other revenues received by the district school readiness programs, must be maintained in a reserve account within the community service fund.
The commissioner and the commissioner of education shall enter into an agreement under which the commissioner of education shall distribute funds appropriated for programs under this section.
142A.25 WRONGFULLY OBTAINING ASSISTANCE; DISQUALIFICATION.
Section 256.98 applies to:
(1) all applicants for and recipients of benefits administered by the commissioner; and
(2) child care providers receiving child care assistance under chapter 142E.
142B.63 POSITIVE SUPPORT STRATEGIES; CHILD CARE.
(a) Programs under paragraphs (b) and (c) are exempt from the requirements under Minnesota Rules, chapter 9544.
(b) Programs licensed as family child care or group family child care under Minnesota Rules, chapter 9502, that care for a child with a developmental disability or related condition must comply with the individualized education program (IEP) developed in accordance with section 125A.08, if one exists for a child.
(c) A program licensed as a child care center under Minnesota Rules, chapter 9503, that cares for a child with a developmental disability or related condition must comply with the individual child care program plan under Minnesota Rules, part 9503.0065, subpart 3, if one exists for the child.
(d) When providing services to a child with a developmental disability or a related condition, staff at a program licensed under paragraphs (b) and (c) are prohibited from using procedures identified in section 245D.06, subdivision 5.
142B.62 CHILD CARE LICENSE HOLDER INSURANCE.
(a) A license holder must provide a written notice to all parents or guardians of all children to be accepted for care prior to admission stating whether the license holder has liability insurance. This notice may be incorporated into and provided on the admission form used by the license holder.
(b) If the license holder has liability insurance:
(1) the license holder shall inform parents in writing that a current certificate of coverage for insurance is available for inspection to all parents or guardians of children receiving services and to all parents seeking services from the family child care program;
(2) the notice must provide the parent or guardian with the date of expiration or next renewal of the policy; and
(3) upon the expiration of the policy or a change in coverage, the license holder must provide a new written notice informing all parents or guardians of children receiving services of the change and indicating whether the insurance policy has lapsed.
If a license holder has a continuous insurance policy that renews each year, the license holder may indicate the policy's renewal date in the initial written notice to parents and guardians. This initial written notice shall remain valid and no further notices are required until the insurance coverage changes or the policy lapses.
(c) If the license holder does not have liability insurance, the license holder must provide an annual notice, on a form developed and made available by the commissioner, to the parents or guardians of children in care indicating that the license holder does not carry liability insurance.
(d) The license holder must notify all parents and guardians in writing immediately of any change in insurance status.
(e) The license holder must make available upon request the certificate of liability insurance to the parents of children in care, to the commissioner, and to county licensing agents.
(f) The license holder must document, with the signature of the parent or guardian, that the parent or guardian received the notices required by this section.
142A.26 FRAUD PREVENTION PROGRAM.
(a) The commissioner of children, youth, and families shall work with the commissioner of human services to oversee and administer the fraud prevention program in sections 256.981 to 256.9861.
(b) All recipients of benefits administered by the commissioner of children, youth, and families are subject to the requirements of sections 256.981 to 256.9861 and 256.9866.
142A.27 ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS.
A local agency must initiate an administrative fraud disqualification hearing for individuals accused of wrongfully obtaining assistance or intentional program violations, in lieu of a criminal action when it has not been pursued, in the Minnesota family investment program and any affiliated program to include the diversionary work program and the work participation cash benefit program, child care assistance programs, and the Supplemental Nutrition Assistance Program (SNAP). The Department of Children, Youth, and Families, in lieu of a local agency, may initiate an administrative fraud disqualification hearing when the state agency is directly responsible for administration or investigation of the program for which benefits were wrongfully obtained. The hearing is subject to the requirements of sections 142A.20 and 256.0451 and the requirements in Code of Federal Regulations, title 7, section 273.16.
142A.28 RECOVERY OF MONEY; APPORTIONMENT.
(a) When an assistance recovery amount is collected and posted by a county agency under the provisions governing public assistance programs, the county may keep one-half of the recovery made by the county agency using any method other than recoupment.
(b) This section does not apply to recoveries by the attorney general's office or child support collections. In the Supplemental Nutrition Assistance Program (SNAP), the nonfederal share of recoveries in the federal tax offset program only will be divided equally between the state agency and the involved county agency.
(a) When an assistance recovery amount is collected and posted by a county agency under the provisions governing the aid to families with dependent children program formerly codified in 1996 in sections 256.72 to 256.87 or MFIP under chapter 142G, the commissioner shall reimburse the county agency from the proceeds of the recovery using the applicable rate specified in paragraph (b) or (c).
(b) For recoveries of overpayments made on or before September 30, 1996, from the aid to families with dependent children program including the emergency assistance program, the commissioner shall reimburse the county agency at a rate of one-quarter of the recovery made by any method other than recoupment.
(c) For recoveries of overpayments made after September 30, 1996, from the aid to families with dependent children program including the emergency assistance program and programs funded in whole or in part by the temporary assistance to needy families program under section 142G.03, subdivision 2, and recoveries of nonfederally funded food assistance under section 142G.11, the commissioner shall reimburse the county agency at a rate of one-quarter of the recovery made by any method other than recoupment.
142B.67 CHILD CARE CENTER HIRING PRACTICES.
As part of the employment assessment process, a child care center license holder or staff person may observe how a prospective employee interacts with children in the licensed facility. The prospective employee is not considered a child care background study subject under section 245C.02, subdivision 6a, provided the prospective employee is under continuous direct supervision by a staff person when the prospective employee has physical access to a child served by the center. The observation period shall not be longer than two hours, and a prospective employee must not be counted in staff-to-child ratios.
142A.40 LEGAL REFERRAL AND ASSISTANCE GRANTS.
(a) The commissioner shall award grants to one or more nonprofit programs that provide legal services based on indigency to provide legal services to individuals with emergency medical conditions or chronic health conditions who are not currently eligible for medical assistance or other public health care programs based on their legal status, but who may meet eligibility requirements with legal assistance.
(b) The grantees, in collaboration with hospitals and safety net providers, shall provide referral assistance to connect individuals identified in paragraph (a) with alternative resources and services to assist in meeting their health care needs.
142B.74 SUBSTITUTE CAREGIVERS AND REPLACEMENTS IN FAMILY CHILD CARE.
Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, the use of a substitute caregiver in a licensed family child care program must be limited to a cumulative total of not more than 500 hours annually. The license holder must document the name, dates, and number of hours of the substitute who provided care.
(a) A license holder may allow an adult who has not completed the training requirements under this chapter or the background study requirements under chapter 245C to supervise children in a family child care program in an emergency. For purposes of this subdivision, an emergency is a situation in which:
(1) the license holder has begun operating the family child care program for the day and for reasons beyond the license holder's control, including, but not limited to a serious illness or injury, accident, or situation requiring the license holder's immediate attention, the license holder needs to leave the licensed space and close the program for the day; and
(2) the parents or guardians of the children attending the program are contacted to pick up their children as soon as is practicable.
(b) The license holder must make reasonable efforts to minimize the time the emergency replacement has unsupervised contact with the children in care, not to exceed 24 hours per emergency incident.
(c) The license holder shall not knowingly use a person as an emergency replacement who has committed an action or has been convicted of a crime that would cause the person to be disqualified from providing care to children, if a background study was conducted under chapter 245C.
(d) To the extent practicable, the license holder must attempt to arrange for emergency care by a substitute caregiver before using an emergency replacement.
(e) To the extent practicable, the license holder must notify the county licensing agency within seven days that an emergency replacement was used, and specify the circumstances that led to the use of the emergency replacement. The county licensing agency must notify the commissioner within three business days after receiving the license holder's notice that an emergency replacement was used, and specify the circumstances that led to the use of the emergency replacement.
(f) Notwithstanding the requirements in Minnesota Rules, part 9502.0405, a license holder is not required to provide the names of persons who may be used as replacements in emergencies to parents or the county licensing agency.
142E.08 MFIP CHILD CARE ASSISTANCE PROGRAM.
Families eligible for child care assistance under the MFIP child care program are:
(1) MFIP participants who are employed or in job search and meet the requirements of section 142E.12;
(2) persons who are members of transition year families under section 142E.01, subdivision 28, and meet the requirements of section 142E.12;
(3) MFIP families who are participating in work job search, job support, employment, or training activities as required in their employment plan, or in appeals, hearings, assessments, or orientations according to chapter 142G;
(4) MFIP families who are participating in social services activities under chapter 142G as required in their employment plan approved according to chapter 142G;
(5) families who are participating in services or activities that are included in an approved family stabilization plan under section 142G.75;
(6) MFIP child-only families under section 142G.01, subdivision 8, for up to 20 hours of child care per week for children ages six and under, as recommended by the treating mental health professional as defined in section 245I.04, subdivision 2, when the child's primary caregiver has a diagnosis of a mental illness;
(7) families who are participating in programs as required in tribal contracts under section 142E.02, subdivision 2, or 142A.20, subdivision 2;
(8) families who are participating in the transition year extension under section 142E.01, subdivision 27;
(9) student parents as defined under section 142E.01, subdivision 26; and
(10) student parents who turn 21 years of age and who continue to meet the other requirements under section 142E.01, subdivision 26. A student parent continues to be eligible until the student parent is approved for basic sliding fee child care assistance or until the student parent's redetermination, whichever comes first. At the student parent's redetermination, if the student parent was not approved for basic sliding fee child care assistance, a student parent's eligibility ends following a 15-day adverse action notice.
[See Note.]
Counties may contract for administration of the program or may arrange for or contract for child care funds to be used by other appropriate programs, in accordance with this section and as permitted by federal law and regulations.
Counties shall maximize their federal reimbursement under federal reimbursement programs for money spent for persons eligible under this chapter. The commissioner shall allocate any federal earnings to the county to be used to expand child care services under this chapter.
142A.411 DEFINITIONS.
The definitions in this section apply to sections 142A.41 to 142A.416 and 144.226, subdivision 3.
"Act" means the Children's Trust Fund for the Prevention of Child Abuse Act.
"Child" means a person under 18 years of age.
"Child abuse" means sexual abuse, neglect, or physical abuse as defined in section 260E.03, subdivisions 15, 18, and 20.
"Commissioner" means the commissioner of children, youth, and families.
"Local council" means a child abuse prevention council established under section 142A.413.
"Prevention program" means a system that directly provides primary or secondary child abuse prevention services to a child, parent or prospective parent, guardian, or professional who works regularly with children, and may also include a research program related to the prevention of child abuse.
"Primary prevention" means a program or service designed to promote the general welfare of children and families.
"Secondary prevention" means a program or service designed to prevent abuse of children who are in circumstances where there is a high risk that abuse will occur.
"Tertiary prevention" means a program or service provided after child abuse has occurred that is designed to prevent its recurrence.
"Trust fund" means the children's trust fund for the prevention of child abuse established under section 142A.412.
142C.02 WHO MUST BE CERTIFIED.
A program that is exempt from licensure under section 142B.05, subdivision 2, paragraph (a), clause (3), (7) to (10), (12), (16), or (18), must be a certified license-exempt child care center according to this section to receive child care assistance payments under chapter 142E.
142A.41 CITATION.
Sections 142A.411 to 142A.415 may be cited as the "Children's Trust Fund for the Prevention of Child Abuse Act."
142B.75 FAMILY CHILD CARE INFANT SLEEP SUPERVISION REQUIREMENTS.
(a) License holders of family child care programs that serve infants are encouraged to monitor sleeping infants by conducting in-person checks on each infant in their care every 30 minutes.
(b) Upon enrollment of an infant in a family child care program, the license holder is encouraged to conduct in-person checks on the sleeping infant every 15 minutes, during the first four months of care.
(c) When an infant has an upper respiratory infection, the license holder is encouraged to conduct in-person checks on the sleeping infant every 15 minutes throughout the hours of sleep.
In addition to conducting the in-person checks encouraged under subdivision 1, license holders serving infants are encouraged to use and maintain an audio or visual monitoring device to monitor each sleeping infant in care during all hours of sleep.
142E.09 REPORTING AND PAYMENTS.
The commissioner shall specify requirements for reports under the authority provided in section 142A.03, subdivision 2, paragraph (o).
The commissioner shall make monthly payments on a reimbursement basis for expenditures reported outside of the electronic system used to administer child care assistance. Payments may be withheld if monthly reports are incomplete or untimely.
The county and designated administering agency shall submit a biennial child care fund plan to the commissioner. The commissioner shall establish the dates by which the county must submit the plans. The plan shall include:
(1) a description of strategies to coordinate and maximize public and private community resources, including school districts, health care facilities, government agencies, neighborhood organizations, and other resources knowledgeable in early childhood development, in particular to coordinate child care assistance with existing community-based programs and service providers including child care resource and referral programs, early childhood family education, school readiness, Head Start, local interagency early intervention committees, special education services, early childhood screening, and other early childhood care and education services and programs to the extent possible, to foster collaboration among agencies and other community-based programs that provide flexible, family-focused services to families with young children and to facilitate transition into kindergarten. The county must describe a method by which to share information, responsibility, and accountability among service and program providers;
(2) a description of procedures and methods to be used to make copies of the proposed state plan reasonably available to the public, including members of the public particularly interested in child care policies such as parents, child care providers, culturally specific service organizations, child care resource and referral programs, interagency early intervention committees, potential collaborative partners and agencies involved in the provision of care and education to young children, and allowing sufficient time for public review and comment; and
(3) information as requested by the department to ensure compliance with the child care fund statutes and rules promulgated by the commissioner.
The commissioner shall notify counties within 90 days of the date the plan is submitted whether the plan is approved or the corrections or information needed to approve the plan. The commissioner shall withhold a county's allocation until it has an approved plan. Plans not approved by the end of the second quarter after the plan is due may result in a 25 percent reduction in allocation. Plans not approved by the end of the third quarter after the plan is due may result in a 100 percent reduction in the allocation to the county. Counties are to maintain services despite any reduction in their allocation due to plans not being approved.
142C.01 DEFINITIONS.
The terms used in this chapter have the meanings given in this section.
"Applicant" means an individual or organization that is subject to certification under this chapter and that applied for but is not yet granted certification under this chapter.
"Authorized agent" means the individual designated by the certification holder who is responsible for communicating with the commissioner of children, youth, and families regarding all items pursuant to this chapter.
"Center operator" or "program operator" means the person exercising supervision or control over the center's or program's operations, planning, and functioning.
"Certification holder" means the individual or organization that is legally responsible for the operation of the center, and granted certification by the commissioner under this chapter.
"Certified license-exempt child care center" means the commissioner's written authorization for a child care center excluded from licensure under section 142B.05, subdivision 2, paragraph (a), clause (3), (7) to (9), (15), (18), (26), or (30), to register to receive child care assistance payments under chapter 142E.
"Disinfecting" means the use of a product capable of destroying or inactivating harmful germs, except bacterial spores, consistent with label directions on environmental surfaces including bathroom toilets and floors, diaper-changing surfaces, and surfaces exposed to blood or other bodily fluids.
"Infant" means a child who is at least six weeks old but less than 16 months old.
"Preschooler" means a child who is at least 33 months old but who has not yet attended the first day of kindergarten.
"School-age child" means a child who is of sufficient age to have attended the first day of kindergarten or is eligible to enter kindergarten within four months and who:
(1) is no more than 13 years old;
(2) is 14 years old and has a disability and is eligible for child care assistance under chapter 142E;
(3) is eligible for child care assistance until redetermination under section 142E.10, subdivision 1, paragraph (e); or
(4) attends a certified center that serves only school-age children in a setting that has no students enrolled in a grade higher than 8th grade.
"Staff person" means an employee of a certified center who provides direct contact services to children.
"Substitute" means an adult who is temporarily filling a position as a staff person for less than 240 hours total in a calendar year due to the absence of a regularly employed staff person who provides direct contact services to a child.
"Toddler" means a child who is at least 16 months old but less than 33 months old.
"Unsupervised volunteer" means an individual who: (1) assists in the care of a child in care; (2) is not under the continuous direct supervision of a staff person; and (3) is not employed by the certified center.
142C.04 COMMISSIONER'S RIGHT OF ACCESS.
(a) When the commissioner is exercising the powers conferred by this chapter, whenever the center is in operation and the information is relevant to the commissioner's inspection or investigation, the commissioner must be given access to:
(1) the physical facility and grounds where the program is provided;
(2) documentation and records, including electronically maintained records;
(3) children served by the center; and
(4) staff and personnel records of current and former staff.
(b) The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment or a violation of a law or rule, or conducting an inspection. When conducting an inspection, the commissioner may request and shall receive assistance from other state, county, and municipal governmental agencies and departments. The applicant or certification holder shall allow the commissioner, at the commissioner's expense, to photocopy, photograph, and make audio and video recordings during an inspection.
142B.76 FAMILY CHILD CARE DIAPERING AREA DISINFECTION.
Notwithstanding Minnesota Rules, part 9502.0435, a family child care provider may disinfect the diaper changing surface with chlorine bleach in a manner consistent with label directions for disinfection or with a surface disinfectant that meets the following criteria:
(1) the manufacturer's label or instructions state that the product is registered with the United States Environmental Protection Agency;
(2) the manufacturer's label or instructions state that the disinfectant is effective against Staphylococcus aureus, Salmonella enterica, and Pseudomonas aeruginosa;
(3) the manufacturer's label or instructions state that the disinfectant is effective with a ten minute or less contact time;
(4) the disinfectant is clearly labeled by the manufacturer with directions for mixing and use;
(5) the disinfectant is used only in accordance with the manufacturer's directions; and
(6) the product does not include triclosan or derivatives of triclosan.