HF3750

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).