HF3750 (Legislative Session 94 (2025-2026))
Requirements governing licenses and license exemptions for crisis nurseries amended, and report required.
Related bill: SF3698
AI Generated Summary
Purpose
This bill changes when and how child-care and youth programs are required to be licensed in Minnesota. It largely expands exemptions from licensure for many types of programs, while creating a new, separate licensing path and framework specifically for crisis nurseries. It also asks the state commissioner to design this crisis-nursery licensing framework and report back with a plan to implement it.
Main provisions and what the bill does
Exclusions from licensure (142B.05, subdivision 2)
- The bill adds a long list of programs that would no longer need license under this chapter. Highlights include:
- Programs run by a family member (residential or nonresidential) or by an unrelated person for a single related family (with some limits).
- Programs run by public schools for children aged 33 months or older.
- Short, nonresidential programs (mostly under three hours per day) where a parent is in the same building or in an adjacent building.
- Homes or programs connected to adoption processes (e.g., adoptions placed by counties or licensed agencies, with timing limits).
- Programs licensed or certified by the commissioner of corrections.
- Recreation or youth activities run by parks, YMCA, YWCA, or JCC when their primary purpose is activities rather than child care.
- Head Start programs with limited operation time.
- Programs such as scouting, boys/girls clubs, sports, and arts.
- Religious instruction or congregate care by churches or religious groups.
- Camps licensed by the health department.
- Certain cultural/educational exchange programs for school-age children.
- Community support services and family/community support services.
- The placement of a child by a birth parent or guardian in a preadoptive home for adoption purposes.
- Nonpublic school-based programs serving only a subset of time (e.g., four hours per day, max 20 children) and meeting certain accreditation or background-check requirements.
- Programs run by nonprofits serving youth in kindergarten through 12th grade that provide before/after school or seasonal activities; such programs would not be eligible for child care assistance, but would have conditions like on-site supervision, written policies, and parental consent/notice that the program is not state-licensed or eligible for child care assistance.
- Head Start programs serving ages 3 through not-yet-6 continue to be treated separately under this section.
- Crisis nurseries currently licensed under Minnesota Rules and/or 245A (child residential facility) may continue current operations even if they become exempt under this section, but the exemption for crisis nurseries has an expiration date of July 1, 2027.
- Some exemptions include special definitions, such as what counts as “directly contiguous” buildings and clarifications that federal waiver-funded services may be exempt from licensure if allowed by the waiver.
Crisis nurseries exemption note
- For crisis nurseries that are currently licensed under chapter 245A as a children’s residential facility, and that operate as a special family child care home, they must be allowed to continue current operations even if exempted from 142B licensure under this clause; this exemption expires July 1, 2027.
Definitions and clarifications
- The bill defines “directly contiguous” as buildings sharing a wall or connected by shared features (e.g., skyway, tunnel, atrium, or common roof).
- It preserves a provision that nothing in 142B requires licensure for services funded under an approved federal waiver plan where licensure isn’t required under the waiver.
Overall effect
- The bill reduces regulation for many common youth and community programs, aiming to shift licensure burden away from many small, community-based activities.
- It keeps crisis nurseries out of the standard 142B licensure path for now, but creates a separate licensing framework to regulate them in the future.
Crisis nursery licensing framework and timeline (Sec. 2)
Duty and scope
- The Commissioner of Children, Youth, and Families must develop a licensing framework specifically for crisis nurseries that provide safe short-term care for children whose caregivers are in crisis.
- The framework should include:
- Pathways for organizations to become licensed crisis nurseries.
- Background study requirements and training for staff.
- Ways to reduce redundancy and resolve conflicting requirements with other rules.
- The commissioner must consult with stakeholders and current crisis-nursery organizations during development.
Reporting deadline
- By January 15, 2027, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over children, youth, and families licensing.
- The report must include:
- An overview of the licensing framework.
- A detailed explanation of the framework.
- Proposed legislation needed to implement a new crisis-nursery license.
Implications and implementation
Realigning oversight
- Many programs would operate without a 142B licensure requirement, changing how they are regulated and supervised.
- Crisis nurseries would be governed by a new licensing framework once established, potentially aligning oversight and standards for this specific service.
Transition and sunset considerations
- The crisis-nursery exemption pending the new framework has a sunset-like expiration date of July 1, 2027, signaling a transition to the new licensing approach.
Possible impacts to stakeholders
- Parents and families may experience different oversight for certain programs that were previously licensed.
- Community-based and faith-based youth programs could benefit from reduced regulatory burdens.
- Crisis nurseries, providers, and staff would need to prepare for a new licensure pathway, background checks, training, and ongoing compliance.
Next steps for affected programs
- Monitor the proposed crisis-nursery licensing framework and any resulting legislation.
- Prepare for potential new licensing requirements, including background checks and on-site supervision standards if operating a crisis nursery or if applicable under future rules.
Relevant Terms crisis nurseries; licensure; exemptions; Minnesota Statutes 142B; 142B.05 subdivision 2; crisis-nursery licensing framework; commissioner of Children, Youth and Families; background studies; training requirements; accreditation; nonpublic school accreditation; direct contiguity; federal waiver plan; 245A; Head Start; preadoptive home; adoption; community support services; religious instruction; 33 months; before/after school programs; YMCA; YWCA; JCC; contingency for sunset date (July 1, 2027); reporting deadline (January 15, 2027).
Bill text versions
- Introduction PDF PDF file
Upcoming committee meetings
- Children and Families Finance and Policy on: March 24, 2026 15:00
Past committee meetings
- Children and Families Finance and Policy on: March 11, 2026 15:00
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 26, 2026 | House | Action | Introduction and first reading, referred to | Children and Families Finance and Policy |
Citations
[
{
"analysis": {
"added": [
"A comprehensive list of exemptions from licensure for various residential and nonresidential programs (e.g., programs operated by schools for specific age groups, YMCA/YWCA/JCC-affiliates, Head Start, scouting and youth clubs, nonpublic school programs, preadoptive placements, etc.).",
"A provision that these exemptions apply until July 1, 2027 (sunset date).",
"Definitions clarifying terms such as 'directly contiguous' (building adjacency) and alignment with federal waivers (where licensure is not required if funded under an approved federal waiver plan)."
],
"removed": [],
"summary": "This bill amends the licensure exclusion provisions of chapter 142B to add a broad, sunset-limited list of programs that are not required to obtain licensure as crisis nurseries or related child-care services. It also codifies certain definitions and references to related statutes and rules.",
"modified": [
"Expands and codifies exemptions from licensure for a wide range of programs previously not exempt under 142B, including certain school-based, youth development, and community programs, with a sunset date for the exemptions."
]
},
"citation": "142B.05",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [
"Recognition of school-operated programs serving children 33 months or older as exempt from licensure under the framework of crisis nurseries/licensing exemptions."
],
"removed": [],
"summary": "The bill references a school-based program exemption for certain nonresidential programs defined by 120A.22, aligning school-operated programs with the licensure exemptions listed for crisis nurseries and related programs.",
"modified": [
"Clarifies that specific school-operated programs are eligible for licensure exemptions under the crisis nursery framework."
]
},
"citation": "120A.22",
"subdivision": "subdivision 4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill cross-references YMCA definitions from 315.44 to define certain participants or organizations within the exemptions.",
"modified": [
"Uses 315.44 to define YMCA for purposes of exemptions; no statutory change to 315.44 itself."
]
},
"citation": "315.44",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill cross-references JCC definitions from 315.51 to support the exemption framework.",
"modified": [
"Uses 315.51 to define JCC for purposes of exemptions; no modification to 315.51 itself."
]
},
"citation": "315.51",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "The bill cites 259.47 in the context of preadoptive placements as part of the broader licensing framework for crisis nurseries and related programs.",
"modified": [
"No direct change to 259.47; the reference is to authorize or clarify how preadoptive placements interact with the exemptions."
]
},
"citation": "259.47",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference to the licensure framework for crisis nurseries; the bill maintains licensure considerations under chapter 142B but creates exemptions from licensure for a broad set of programs.",
"modified": [
"Affirms and expands the interaction between 142B licensure and the newly created exemptions; no standalone statutory amendment to 142B beyond the exemption language."
]
},
"citation": "142B",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Not-for-child-care-assistance payments under chapter 142E applies to exempt programs; the bill ties exemptions to eligibility for child care assistance payments under 142E.",
"modified": [
"Noted within the exemption context that programs exempt from licensure may or may not be eligible for child care assistance payments under chapter 142E."
]
},
"citation": "142E",
"subdivision": ""
},
{
"analysis": {
"added": [
"Inclusion of community support services programs defined in 245.462 subdivision 2 as part of the licensure exemptions."
],
"removed": [],
"summary": "The exemption references community support services programs defined in 245.462, contributing to which programs may be exempt from licensure.",
"modified": [
"Expands the scope of exempt programs to include those defined in 245.462."
]
},
"citation": "245.462",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [
"Inclusion of additional community support services provisions under 245.462 subdivision 6 as exempt from licensure."
],
"removed": [],
"summary": "Further reference to community support services within 245.462 to support exemptions under the crisis nursery framework.",
"modified": [
"Expands the exemptions through multiple subdivisions of 245.462 to cover more programs."
]
},
"citation": "245.462",
"subdivision": "subdivision 6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Definition of family community support services used in the exemption framework is drawn from 245.4871 subdivision 17.",
"modified": [
"Incorporates 245.4871 subdivision 17 into the exemption framework to describe family community support services."
]
},
"citation": "245.4871",
"subdivision": "subdivision 17"
},
{
"analysis": {
"added": [
"Acknowledgment that crisis nurseries licensed under chapter 245A as children's residential facilities may continue operating despite exemptions from 142B licensure."
],
"removed": [],
"summary": "Crisis nurseries currently operating and licensed under chapter 245A as a children's residential facility are recognized to continue operation under the exemption framework.",
"modified": [
"No direct modification to 245A; the bill references 245A to allow continued operation under current licensing."
]
},
"citation": "245A",
"subdivision": ""
}
]Progress through the legislative process
In Committee