1.1.................... moves to amend H.F. No. 1233, the delete everything amendment
1.2(A13-0408) as follows:
1.3Page 315, after line 7, insert:

1.4    "Sec. . . . Minnesota Statutes 2012, section 245A.07, subdivision 2a, is amended to read:
1.5    Subd. 2a. Immediate suspension expedited hearing. (a) Within five working days
1.6of receipt of the license holder's timely appeal, the commissioner shall request assignment
1.7of an administrative law judge. The request must include a proposed date, time, and place
1.8of a hearing. A hearing must be conducted by an administrative law judge within 30
1.9calendar days of the request for assignment, unless an extension is requested by either
1.10party and granted by the administrative law judge for good cause. The commissioner shall
1.11issue a notice of hearing by certified mail or personal service at least ten working days
1.12before the hearing. The scope of the hearing shall be limited solely to the issue of whether
1.13the temporary immediate suspension should remain in effect pending the commissioner's
1.14final order under section 245A.08, regarding a licensing sanction issued under subdivision
1.153 following the immediate suspension. The burden of proof in expedited hearings under
1.16this subdivision shall be limited to the commissioner's demonstration that reasonable
1.17cause exists to believe that the license holder's actions or failure to comply with applicable
1.18law or rule poses, or if the actions of other individuals or conditions in the program
1.19poses an imminent risk of harm to the health, safety, or rights of persons served by the
1.20program. "Reasonable cause" means there exist specific articulable facts or circumstances
1.21which provide the commissioner with a reasonable suspicion that there is an imminent
1.22risk of harm to the health, safety, or rights of persons served by the program. When the
1.23commissioner has determined there is reasonable cause to order the temporary immediate
1.24suspension of a license based on a violation of safe sleep requirements as defined in
1.25section 245A.1435, the commissioner is not required to demonstrate that an infant died or
1.26was injured as a result of the safe sleep violations.
2.1    (b) The administrative law judge shall issue findings of fact, conclusions, and a
2.2recommendation within ten working days from the date of hearing. The parties shall have
2.3ten calendar days to submit exceptions to the administrative law judge's report. The
2.4record shall close at the end of the ten-day period for submission of exceptions. The
2.5commissioner's final order shall be issued within ten working days from the close of the
2.6record. Within 90 calendar days after a final order affirming an immediate suspension, the
2.7commissioner shall make a determination regarding whether a final licensing sanction
2.8shall be issued under subdivision 3. The license holder shall continue to be prohibited
2.9from operation of the program during this 90-day period.
2.10    (c) When the final order under paragraph (b) affirms an immediate suspension, and a
2.11final licensing sanction is issued under subdivision 3 and the license holder appeals that
2.12sanction, the license holder continues to be prohibited from operation of the program
2.13pending a final commissioner's order under section 245A.08, subdivision 5, regarding the
2.14final licensing sanction.

2.15    Sec. . . . Minnesota Statutes 2012, section 245A.1435, is amended to read:
2.16245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
2.17DEATH SYNDROME IN LICENSED PROGRAMS.
2.18    (a) When a license holder is placing an infant to sleep, the license holder must
2.19place the infant on the infant's back, unless the license holder has documentation from
2.20the infant's parent physician directing an alternative sleeping position for the infant. The
2.21parent physician directive must be on a form approved by the commissioner and must
2.22include a statement that the parent or legal guardian has read the information provided by
2.23the Minnesota Sudden Infant Death Center, related to the risk of SIDS and the importance
2.24of placing an infant or child on its back to sleep to reduce the risk of SIDS remain on file
2.25at the licensed location. An infant who independently rolls onto its stomach after being
2.26placed to sleep on its back may be allowed to remain sleeping on its stomach if the infant
2.27is at least six months old or the license holder has a signed statement from the parent
2.28indicating that the infant regularly rolls over at home.
2.29(b) The license holder must place the infant in a crib directly on a firm mattress with
2.30a fitted crib sheet that fits tightly on the mattress and overlaps the mattress so it cannot be
2.31dislodged by pulling on the corner of the sheet. The license holder must not place pillows,
2.32quilts, comforters, sheepskin, pillow-like stuffed toys, or other soft products in the crib
2.33with the infant is appropriate to the mattress size, that fits tightly on the mattress, and
2.34overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner
2.35of the sheet with reasonable effort. The license holder must not place anything in the
3.1crib with the infant, except for the pacifier. For the purposes of this section, a pacifier is
3.2defined as a synthetic nipple designed for infant sucking with nothing attached to it. The
3.3requirements of this section apply to license holders serving infants up to and including 12
3.4months of age younger than the age of one year. Licensed child care providers must meet
3.5the crib requirements under section 245A.146.
3.6(c) If an infant falls asleep before being placed in a crib, the license holder must
3.7move the infant to a crib as soon as practicable, and must keep the infant within sight of
3.8the license holder until the infant is placed in a crib. When an infant falls asleep while
3.9being held, the license holder must consider the supervision needs of other children in
3.10care when determining how long to hold the infant before placing the infant in a crib to
3.11sleep. The sleeping infant must not be in a position where the airway may be blocked or
3.12with anything covering the infant's face.
3.13(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
3.14for any age infant, and it is prohibited for any infant who has begun to roll over on its own.
3.15Prior to any use of swaddling for sleep by a provider licensed under this chapter, the license
3.16holder must obtain informed written consent for the use of swaddling from the parent or
3.17guardian of the infant and the infant's physician on a form provided by the commissioner,
3.18and prepared in partnership with the Minnesota Sudden Infant Death Center.

3.19    Sec. . . . Minnesota Statutes 2012, section 245A.144, is amended to read:
3.20245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT
3.21DEATH AND SHAKEN BABY SYNDROME ABUSIVE HEAD TRAUMA FOR
3.22CHILD FOSTER CARE PROVIDERS.
3.23    (a) Licensed child foster care providers that care for infants or children through five
3.24years of age must document that before staff persons and caregivers assist in the care
3.25of infants or children through five years of age, they are instructed on the standards in
3.26section 245A.1435 and receive training on reducing the risk of sudden unexpected infant
3.27death syndrome and shaken baby syndrome for abusive head trauma from shaking infants
3.28and young children. This section does not apply to emergency relative placement under
3.29section 245A.035. The training on reducing the risk of sudden unexpected infant death
3.30syndrome and shaken baby syndrome abusive head trauma may be provided as:
3.31    (1) orientation training to child foster care providers, who care for infants or children
3.32through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or
3.33    (2) in-service training to child foster care providers, who care for infants or children
3.34through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.
4.1    (b) Training required under this section must be at least one hour in length and must
4.2be completed at least once every five years. At a minimum, the training must address
4.3the risk factors related to sudden unexpected infant death syndrome and shaken baby
4.4syndrome abusive head trauma, means of reducing the risk of sudden unexpected infant
4.5death syndrome and shaken baby syndrome abusive head trauma, and license holder
4.6communication with parents regarding reducing the risk of sudden unexpected infant
4.7death syndrome and shaken baby syndrome abusive head trauma.
4.8    (c) Training for child foster care providers must be approved by the county or
4.9private licensing agency that is responsible for monitoring the child foster care provider
4.10under section 245A.16. The approved training fulfills, in part, training required under
4.11Minnesota Rules, part 2960.3070.

4.12    Sec. . . . Minnesota Statutes 2012, section 245A.1444, is amended to read:
4.13245A.1444 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT
4.14DEATH SYNDROME AND SHAKEN BABY SYNDROME ABUSIVE HEAD
4.15TRAUMA BY OTHER PROGRAMS.
4.16    A licensed chemical dependency treatment program that serves clients with infants
4.17or children through five years of age, who sleep at the program and a licensed children's
4.18residential facility that serves infants or children through five years of age, must document
4.19that before program staff persons or volunteers assist in the care of infants or children
4.20through five years of age, they are instructed on the standards in section 245A.1435 and
4.21receive training on reducing the risk of sudden unexpected infant death syndrome and
4.22shaken baby syndrome abusive head trauma from shaking infants and young children. The
4.23training conducted under this section may be used to fulfill training requirements under
4.24Minnesota Rules, parts 2960.0100, subpart 3; and 9530.6490, subpart 4, item B.
4.25    This section does not apply to child care centers or family child care programs
4.26governed by sections 245A.40 and 245A.50.

4.27    Sec. . . . [245A.1446] FAMILY CHILD CARE DIAPERING AREA
4.28DISINFECTION.
4.29Notwithstanding Minnesota Rules, part 9502.0435, a family child care provider may
4.30disinfect the diaper changing surface with either a solution of at least two teaspoons
4.31of chlorine bleach to one quart of water, or with a surface disinfectant that meets the
4.32following criteria:
4.33(1) the manufacturer's label or instructions state that the product is registered with
4.34the United States Environmental Protection Agency;
5.1(2) the manufacturer's label or instructions state that the disinfectant is effective
5.2against Staphylococcus aureus, Salmonella choleroesuis, and Pseudomonas aeruginosa;
5.3(3) the manufacturer's label or instructions state that the disinfectant is effective with
5.4a ten-minute or less contact time;
5.5(4) the disinfectant is clearly labeled by the manufacturer with directions for mixing
5.6and use; and
5.7(5) the disinfectant is used only in accordance with the manufacturer's directions.

5.8    Sec. . . . [245A.147] FAMILY CHILD CARE INFANT SLEEP SUPERVISION
5.9REQUIREMENTS.
5.10    Subdivision 1. In-person checks on infants. (a) License holders that serve infants
5.11are encouraged to monitor sleeping infants by conducting in-person checks on each infant
5.12in their care every 30 minutes.
5.13(b) Upon enrollment of an infant in a family child care program, the license holder is
5.14encouraged to conduct in-person checks on the sleeping infant every 15 minutes, during
5.15the first four months of care.
5.16(c) When an infant has an upper respiratory infection, the license holder is encouraged
5.17to conduct in-person checks on the infant every 15 minutes throughout the hours of sleep.
5.18    Subd. 2. Use of audio or visual monitoring devices. In addition to conducting
5.19the in-person checks encouraged under subdivision 1, license holders serving infants are
5.20encouraged to use and maintain an audio or visual monitoring device to monitor each
5.21sleeping infant in care during all hours of sleep.

5.22    Sec. . . . [245A.152] CHILD CARE LICENSE HOLDER INSURANCE.
5.23    Subdivision 1. Insurance coverage required for child care licensure. (a) A license
5.24holder must provide a written notice to all parents or guardians of all children to be accepted
5.25for care prior to admission stating whether the license holder has liability insurance.
5.26(b) If the license holder has liability insurance:
5.27(1) the license holder shall inform parents in writing that a current certificate of
5.28coverage for insurance is available for inspection to all parents or guardians of children
5.29receiving services and to all parents seeking services from the family child care program;
5.30(2) the notice must provide the parent or guardian with the date of expiration of
5.31the policy; and
5.32(3) upon the expiration date of the policy, the license holder must provide a new
5.33written notice indicating whether the insurance policy has lapsed or whether the license
6.1holder has renewed the policy. If the policy was renewed, the license holder must provide
6.2the new expiration date of the policy in writing to the parents or guardians.
6.3(c) If the license holder does not have liability insurance, the license holder must
6.4provide an annual notice, on a form to be developed by the commissioner, to the parents
6.5or guardians of children in care indicating that the license holder does not carry liability
6.6insurance.
6.7(d) The license holder must document, with the signature of the parent or guardian,
6.8that the parent or guardian received the notices required in this section.

6.9    Sec. . . . Minnesota Statutes 2012, section 245A.40, subdivision 5, is amended to read:
6.10    Subd. 5. Sudden unexpected infant death syndrome and shaken baby syndrome
6.11 abusive head trauma training. (a) License holders must document that before staff
6.12persons and volunteers care for infants, they are instructed on the standards in section
6.13245A.1435 and receive training on reducing the risk of sudden unexpected infant death
6.14syndrome. In addition, license holders must document that before staff persons care for
6.15infants or children under school age, they receive training on the risk of shaken baby
6.16syndrome abusive head trauma from shaking infants and young children. The training
6.17in this subdivision may be provided as orientation training under subdivision 1 and
6.18in-service training under subdivision 7.
6.19    (b) Sudden unexpected infant death syndrome reduction training required under
6.20this subdivision must be at least one-half hour in length and must be completed at least
6.21once every five years. At a minimum, the training must address the risk factors related
6.22to sudden unexpected infant death syndrome, means of reducing the risk of sudden
6.23unexpected infant death syndrome in child care, and license holder communication with
6.24parents regarding reducing the risk of sudden unexpected infant death syndrome.
6.25    (c) Shaken baby syndrome Abusive head trauma training under this subdivision
6.26must be at least one-half hour in length and must be completed at least once every five
6.27years. At a minimum, the training must address the risk factors related to shaken baby
6.28syndrome for shaking infants and young children, means to reduce the risk of shaken baby
6.29syndrome abusive head trauma in child care, and license holder communication with
6.30parents regarding reducing the risk of shaken baby syndrome abusive head trauma.
6.31(d) The commissioner shall make available for viewing a video presentation on the
6.32dangers associated with shaking infants and young children. The video presentation must
6.33be part of the orientation and annual in-service training of licensed child care center
6.34staff persons caring for children under school age. The commissioner shall provide to
6.35child care providers and interested individuals, at cost, copies of a video approved by the
7.1commissioner of health under section 144.574 on the dangers associated with shaking
7.2infants and young children.

7.3    Sec. 19. Minnesota Statutes 2012, section 245A.50, is amended to read:
7.4245A.50 FAMILY CHILD CARE TRAINING REQUIREMENTS.
7.5    Subdivision 1. Initial training. (a) License holders, caregivers, and substitutes must
7.6comply with the training requirements in this section.
7.7    (b) Helpers who assist with care on a regular basis must complete six hours of
7.8training within one year after the date of initial employment.
7.9    Subd. 2. Child growth and development training. (a) For purposes of family and
7.10group family child care, the license holder and each adult caregiver who provides care
7.11in the licensed setting for more than 30 days in any 12-month period shall complete and
7.12document at least two hours of child growth and development training within the first year
7.13of prior to initial licensure, and before caring for children. For purposes of this subdivision,
7.14"child growth and development training" means training in understanding how children
7.15acquire language and develop physically, cognitively, emotionally, and socially.
7.16    (b) Notwithstanding paragraph (a), individuals are exempt from this requirement if
7.17they:
7.18    (1) have taken a three-credit course on early childhood development within the
7.19past five years;
7.20    (2) have received a baccalaureate or master's degree in early childhood education or
7.21school-age child care within the past five years;
7.22    (3) are licensed in Minnesota as a prekindergarten teacher, an early childhood
7.23educator, a kindergarten to grade 6 teacher with a prekindergarten specialty, an early
7.24childhood special education teacher, or an elementary teacher with a kindergarten
7.25endorsement; or
7.26    (4) have received a baccalaureate degree with a Montessori certificate within the
7.27past five years.
7.28    Subd. 3. First aid. (a) When children are present in a family child care home
7.29governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person
7.30must be present in the home who has been trained in first aid. The first aid training must
7.31have been provided by an individual approved to provide first aid instruction. First aid
7.32training may be less than eight hours and persons qualified to provide first aid training
7.33include individuals approved as first aid instructors.
8.1    (b) A family child care provider is exempt from the first aid training requirements
8.2under this subdivision related to any substitute caregiver who provides less than 30 hours
8.3of care during any 12-month period.
8.4    (c) Video training reviewed and approved by the county licensing agency satisfies
8.5the training requirement of this subdivision.
8.6    Subd. 4. Cardiopulmonary resuscitation. (a) When children are present in a family
8.7child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least
8.8one staff person must be present in the home who has been trained in cardiopulmonary
8.9resuscitation (CPR) and in the treatment of obstructed airways that includes CPR
8.10techniques for infants and children. The CPR training must have been provided by an
8.11individual approved to provide CPR instruction, must be repeated at least once every three
8.12years, and must be documented in the staff person's records.
8.13    (b) A family child care provider is exempt from the CPR training requirement in
8.14this subdivision related to any substitute caregiver who provides less than 30 hours of
8.15care during any 12-month period.
8.16    (c) Video training reviewed and approved by the county licensing agency satisfies
8.17the training requirement of this subdivision. Persons providing CPR training must use
8.18CPR training that has been developed:
8.19    (1) by the American Heart Association or the American Red Cross and incorporates
8.20psychomotor skills to support the instruction; or
8.21    (2) using nationally recognized, evidence-based guidelines for CPR training and
8.22incorporates psychomotor skills to support the instruction.
8.23    Subd. 5. Sudden unexpected infant death syndrome and shaken baby syndrome
8.24 abusive head trauma training. (a) License holders must document that before staff
8.25persons, caregivers, and helpers assist in the care of infants, they are instructed on the
8.26standards in section 245A.1435 and receive training on reducing the risk of sudden
8.27unexpected infant death syndrome. In addition, license holders must document that before
8.28staff persons, caregivers, and helpers assist in the care of infants and children under
8.29school age, they receive training on reducing the risk of shaken baby syndrome abusive
8.30head trauma from shaking infants and young children. The training in this subdivision
8.31may be provided as initial training under subdivision 1 or ongoing annual training under
8.32subdivision 7.
8.33    (b) Sudden unexpected infant death syndrome reduction training required under
8.34this subdivision must be at least one-half hour in length and must be completed at least
8.35once every five years. At a minimum, the training must address the risk factors related
8.36to sudden unexpected infant death syndrome, means of reducing the risk of sudden
9.1unexpected infant death syndrome in child care, and license holder communication with
9.2parents regarding reducing the risk of sudden unexpected infant death syndrome.
9.3    (c) Shaken baby syndrome Abusive head trauma training required under this
9.4subdivision must be at least one-half hour in length and must be completed at least once
9.5every five years. At a minimum, the training must address the risk factors related to shaken
9.6baby syndrome shaking infants and young children, means of reducing the risk of shaken
9.7baby syndrome abusive head trauma in child care, and license holder communication with
9.8parents regarding reducing the risk of shaken baby syndrome abusive head trauma.
9.9(d) Training for family and group family child care providers must be approved
9.10by the county licensing agency.
9.11    (e) The commissioner shall make available for viewing by all licensed child care
9.12providers a video presentation on the dangers associated with shaking infants and young
9.13children. The video presentation shall be part of the initial and ongoing annual training of
9.14licensed child care providers, caregivers, and helpers caring for children under school age.
9.15The commissioner shall provide to child care providers and interested individuals, at cost,
9.16copies of a video approved by the commissioner of health under section 144.574 on the
9.17dangers associated with shaking infants and young children.
9.18    Subd. 6. Child passenger restraint systems; training requirement. (a) A license
9.19holder must comply with all seat belt and child passenger restraint system requirements
9.20under section 169.685.
9.21    (b) Family and group family child care programs licensed by the Department of
9.22Human Services that serve a child or children under nine years of age must document
9.23training that fulfills the requirements in this subdivision.
9.24    (1) Before a license holder, staff person, caregiver, or helper transports a child or
9.25children under age nine in a motor vehicle, the person placing the child or children in a
9.26passenger restraint must satisfactorily complete training on the proper use and installation
9.27of child restraint systems in motor vehicles. Training completed under this subdivision may
9.28be used to meet initial training under subdivision 1 or ongoing training under subdivision 7.
9.29    (2) Training required under this subdivision must be at least one hour in length,
9.30completed at initial training, and repeated at least once every five years. At a minimum,
9.31the training must address the proper use of child restraint systems based on the child's
9.32size, weight, and age, and the proper installation of a car seat or booster seat in the motor
9.33vehicle used by the license holder to transport the child or children.
9.34    (3) Training under this subdivision must be provided by individuals who are certified
9.35and approved by the Department of Public Safety, Office of Traffic Safety. License holders
10.1may obtain a list of certified and approved trainers through the Department of Public
10.2Safety Web site or by contacting the agency.
10.3    (c) Child care providers that only transport school-age children as defined in section
10.4245A.02, subdivision 19 , paragraph (f), in child care buses as defined in section 169.448,
10.5subdivision 1, paragraph (e), are exempt from this subdivision.
10.6    Subd. 7. Training requirements for family and group family child care.
10.7    For purposes of family and group family child care, the license holder and each
10.8primary caregiver must complete eight hours of training each year. For purposes of
10.9this subdivision, a primary caregiver is an adult caregiver who provides services in the
10.10licensed setting for more than 30 days in any 12-month period. Ongoing training subjects
10.11must be selected from the following areas:
10.12    (1) "child growth and development training" has the meaning given in subdivision 2,
10.13paragraph (a);
10.14    (2) "learning environment and curriculum" includes training in establishing an
10.15environment and providing activities that provide learning experiences to meet each
10.16child's needs, capabilities, and interests;
10.17    (3) "assessment and planning for individual needs" includes training in observing and
10.18assessing what children know and can do in order to provide curriculum and instruction
10.19that addresses their developmental and learning needs, including children with special
10.20needs and bilingual children or children for whom English is not their primary language;
10.21    (4) "interactions with children" includes training in establishing supportive
10.22relationships with children, guiding them as individuals and as part of a group;
10.23    (5) "families and communities" includes training in working collaboratively with
10.24families and agencies or organizations to meet children's needs and to encourage the
10.25community's involvement;
10.26    (6) "health, safety, and nutrition" includes training in establishing and maintaining an
10.27environment that ensures children's health, safety, and nourishment, including child abuse,
10.28maltreatment, prevention, and reporting; home and fire safety; child injury prevention;
10.29communicable disease prevention and control; first aid; and CPR; and
10.30    (7) "program planning and evaluation" includes training in establishing,
10.31implementing, evaluating, and enhancing program operations.
10.32    Subd. 8. Other required training requirements. (a) The training required of
10.33family and group family child care providers and staff must include training in the cultural
10.34dynamics of early childhood development and child care. The cultural dynamics and
10.35disabilities training and skills development of child care providers must be designed to
10.36achieve outcomes for providers of child care that include, but are not limited to:
11.1    (1) an understanding and support of the importance of culture and differences in
11.2ability in children's identity development;
11.3    (2) understanding the importance of awareness of cultural differences and
11.4similarities in working with children and their families;
11.5    (3) understanding and support of the needs of families and children with differences
11.6in ability;
11.7    (4) developing skills to help children develop unbiased attitudes about cultural
11.8differences and differences in ability;
11.9    (5) developing skills in culturally appropriate caregiving; and
11.10    (6) developing skills in appropriate caregiving for children of different abilities.
11.11    The commissioner shall approve the curriculum for cultural dynamics and disability
11.12training.
11.13    (b) The provider must meet the training requirement in section 245A.14, subdivision
11.1411 , paragraph (a), clause (4), to be eligible to allow a child cared for at the family child
11.15care or group family child care home to use the swimming pool located at the home.
11.16    Subd. 9. Approved training. County licensing staff must accept training approved
11.17by the Minnesota Center for Professional Development, including:
11.18(1) face-to-face or classroom training;
11.19(2) online training; and
11.20(3) relationship-based professional development, such as mentoring, coaching,
11.21and consulting."
11.22Renumber the sections in sequence and correct the internal references
11.23Amend the title accordingly