HF656

HF656 (Legislative Session 94 (2025-2026))

Child care licensing; variances to licensed capacity allowed.

Related bill: SF1641

AI Generated Summary

This legislative bill aims to update the rules regarding child care licensing in Minnesota, specifically by allowing variances to the licensed capacity. The main points of the bill are:

Variance Request: Child care providers can request variances (exceptions) to certain licensing rules if these don't impact the health or safety of the people in the program. Providers must use a specific form and describe why they can't comply with a rule and what alternative measures they will follow.
Conditions for Variance: The request must detail the reasons for noncompliance, the alternative measures that will be implemented, and the length of time the variance is needed. If a variance won’t affect health or safety, it can be made permanent until the conditions change.
Notification of Changes: If any changes occur that affect the variance, the child care provider must inform the commissioner. Failure to do so may lead to revocation of the variance and potential other penalties.
Final Decisions: Decisions made by the commissioner regarding variances are final and cannot be appealed.
Staff Qualifications: Variances can also be considered for staff qualification requirements, where staff would outline plans to gain necessary experience or training.
Licensed Capacity: A child care center can request a variance for its licensed capacity if its indoor space is nearly sufficient for the number of children it wishes to serve, given current staffing and space.
Uniform Application: Counties must use a standardized application form for family child care providers seeking variances.

The bill puts forward a structured approach to handle specific licensing exceptions while maintaining safety and quality in child care services.

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
February 12, 2025	House	Floor	Action	Introduction and first reading, referred to	Children and Families Finance and Policy
February 19, 2025	House	Floor	Action	Author added
March 10, 2025	House	Floor	Action	Author added

Citations

[
  {
    "analysis": {
      "added": [
        "Authorized the commissioner to grant variances not affecting health or safety.",
        "Included provisions for permanent variances under certain conditions."
      ],
      "removed": [
        "Removed appeal rights under chapter 14 for decisions on variance requests."
      ],
      "summary": "This bill allows variances to licensed capacity in child care under section 142B.10, subdivision 16.",
      "modified": [
        "Clarified conditions under which variances may be requested or revoked."
      ]
    },
    "citation": "142B.10"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references potential sanctions mentioned in section 142B.17 related to variances.",
      "modified": []
    },
    "citation": "142B.17"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "The bill references potential sanctions mentioned in section 142B.18 related to variances.",
      "modified": []
    },
    "citation": "142B.18"
  },
  {
    "analysis": {
      "added": [
        "Outlined the process for submitting variance requests including a professional development plan."
      ],
      "removed": [],
      "summary": "This bill modifies staff qualification variances at child care centers under Minnesota Rules parts 9503.0032.",
      "modified": [
        "Expanded criteria for granting staff qualification variances."
      ]
    },
    "citation": "9503.0032"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill modifies staff qualification variances at child care centers under Minnesota Rules parts 9503.0033.",
      "modified": [
        "Expanded criteria for granting staff qualification variances."
      ]
    },
    "citation": "9503.0033"
  }
]