New child care provider rules

A toddler received severe frostbite on his hands and fingers after playing outside while in the care of a local child care provider. His parents are pushing for passage of a bill that would set out requirements that licensed child care providers must follow in determining whether a child can be outdoors during adverse weather conditions.

Rep. Mary Franson (R-Alexandria) sponsors HF1404, known as “Gager’s Law,” which would require licensed child care providers to not allow children to play outdoors when the temperature is below 20 degrees without wind chill factor; the heat index is 100 degrees or above; or there is an air-quality warning issued by local weather stations.

Kari Akers said the incident involving her son, Gage, took place in January 2010 while he was 17 months old and in the care of a licensed child care provider. He was allowed to be outside in subzero temperatures with no gloves or mittens. When Akers picked up her son, he was in extreme pain and his fingers and hands were severely blistered from what doctors told her was severe frostbite, she told members of the House Health and Human Services Reform Committee. The bill was laid over April 27 for possible inclusion in a policy omnibus bill. It has no Senate companion.

Some legislators expressed concerns that the bill was overreaching in its requirements. Two testifiers echoed the sentiments, including Cisa Keller, a lobbyist for the Minnesota Child Care Association. She said many of the safety concerns the bill attempts to address are covered through existing regulations governed by the Department of Human Services.

Franson said her bill would not adversely affect licensed child care providers who are already using common sense in such situations.

Rep. Diane Loeffler (DFL-Mpls) said she believes the bill could lead to unintended consequences that would cause child care providers to keep children indoors far too often.

Rep. Mary Kiffmeyer (R-Big Lake) suggested Franson amend her bill to include advisory language with fewer requirements and specificities.