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You are receiving this email because you are an authorized agent for a licensed child care center or subscribed to the licensed child care center listserv.
New laws passed by the 2023 Legislature include several provisions that impact licensed child care centers. This email outlines the changes that will become effective on July 1, 2023. Other changes are effective October 1, 2023, or January 1, 2024. Licensing will share a full implementation plan closer to the relevant effective dates.
Changes were made to allow additional staff distribution flexibility during morning arrival and afternoon departure times. The new language is similar to the staff distribution modifications that were in place during the COVID-19 peacetime emergency, however, there are some important differences. Under the new language, an aide who is substituting for a teacher during the morning arrival or afternoon departure time must be at least 18 years old, have worked in the center for at least 30 days, and have completed all of their orientation training and all training that is required within the first 90 days of employment.
This language is effective July 1, 2023, and expires on July 1, 2025.
The new legislative language can be found in MN Laws, Chapter 70, Article 8, Section 63.
FAQs
Q: Has anything changed in the way morning arrival or afternoon departure are defined?
A: No. Morning arrival and afternoon departure is the beginning and end of your program hours of operation.
- For example, for a program operating from 6:00 am-6:00 pm, the morning arrival time is 6:00 am and the afternoon departure time is 6:00 pm.
- For example, for a program operating from 3:00 pm-6:00 pm, the morning arrival time is 3:00 pm and the afternoon departure time is 6:00 pm.
- For example, for a program operating from 6:00 am-11:00 pm, the morning arrival time is 6:00 am and the afternoon departure time is 11:00 pm, even if the program operates multiple shifts.
Q: Has anything changed with the 25% flexibility?
A: No. A program must designate on the staffing pattern how they are applying the 25% flexibility. For example, a program operating for twelve hours a day would be able to substitute an aide for a teacher for three hours during morning arrival and afternoon departure. The total time of three hours could be used entirely during morning arrival, entirely during afternoon departure, or split in any increments between morning arrival and afternoon departure. Other requirements, including those related to ratios, group size, and age category groupings still apply.
A prone restraint is a physical or mechanical restraint that places a person in a face-down position. New requirements for all licensed and certified programs prohibit the use of prone restraints except in the specific brief instances listed in statute. Additionally, programs must not use any type of restraint that is contraindicated for a person's known medical or psychological conditions. The program must assess and document these contraindications prior to using restraints on a person.
See MN Laws, Chapter 70, Article 17, Section 19.
The 2023 Legislature made changes to the definitions for owner and controlling individual in Minnesota Statutes, section 245A.02 to include a nonprofit corporation as a type of owner of a licensed program and therefore also a controlling individual. Programs with a nonprofit corporation included as a controlling individual will be able to change their board of directors without having to apply for a new license. This will eliminate a burdensome and redundant licensing process for nonprofit corporations that other types of organizations are not required to complete. The new language also clarifies that the definition of a controlling individual includes the president and treasurer of the board of directors of a nonprofit corporation.
See MN Laws, Chapter 70, Article 17, Sections 9 and 10.
A new Department of Children, Youth, and Families (DCYF) will be established. Several duties related to children and youth that are currently the responsibility of the Minnesota Departments of Human Services, Public Safety, and Education will likely be included in the transfer to the new Department. There are no immediate changes. There will be a planful transition over the next 18-24 months. A new Implementation Office within Minnesota Management and Budget will guide the transition, in consultation with the relevant departments. Licensing will share more information, as it becomes available.
Updates on legislative changes related to background studies, as they become available, will be posted on the "What's new" for background studies webpage.
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