SF3137

Purpose of the Bill

The purpose of this Minnesota legislative bill is to correct cross-references in the existing legal definitions related to individuals who are subject to background checks in connection with child care services. The bill aims to clarify who needs to undergo these background studies by revising terminology and references to current law.

Main Provisions

• Definition Update: The bill updates the definition of "child care background study subject." It specifies categories of people affiliated with various child care settings, including licensed centers, certified license-exempt programs, family child care programs, and legal nonlicensed providers.
• Identified Individuals: It identifies who is required to undergo background checks, including employees, volunteers, controlling individuals, and those with potential unsupervised access to children within the child care environment.
• Exemptions: It outlines conditions under which individuals providing services unrelated to the child care program are exempt from these background studies. This exemption applies if the child is signed out of the child care program for the duration of unrelated services and specific documentation and permissions are obtained and maintained by the child care provider.

Significant Changes to Existing Law

• Clarification of Definitions: The bill specifically amends existing definitions to better delineate those subject to background checks, including detailing ages of household members that require a study under specific circumstances.
• Documentation Requirements: It establishes requirements for documentation and prior permissions to ensure transparency and safety when exempting certain service providers from background checks.

Relevant Terms

• Background check
• Child care center
• Family child care
• License-exempt
• Controlling individual
• Unsupervised access
• Volunteer contractor