Subdivision 1. Total hours allowed. Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, the use of a substitute caregiver in a licensed family child care program must be limited to a cumulative total of not more than 500 hours annually. The license holder must document the name, dates, and number of hours of the substitute who provided care.
Subd. 2. Emergency replacement supervision. (a) A license holder may allow an adult who has not completed the training requirements under this chapter or the background study requirements under chapter 245C to supervise children in a family child care program in an emergency. For purposes of this subdivision, an emergency is a situation in which:
(1) the license holder has begun operating the family child care program for the day and for reasons beyond the license holder's control, including, but not limited to a serious illness or injury, accident, or situation requiring the license holder's immediate attention, the license holder needs to leave the licensed space and close the program for the day; and
(2) the parents or guardians of the children attending the program are contacted to pick up their children as soon as is practicable.
(b) The license holder must make reasonable efforts to minimize the time the emergency replacement has unsupervised contact with the children in care, not to exceed 24 hours per emergency incident.
(c) The license holder shall not knowingly use a person as an emergency replacement who has committed an action or has been convicted of a crime that would cause the person to be disqualified from providing care to children, if a background study was conducted under chapter 245C.
(d) To the extent practicable, the license holder must attempt to arrange for emergency care by a substitute caregiver before using an emergency replacement.
(e) To the extent practicable, the license holder must notify the county licensing agency within seven days that an emergency replacement was used, and specify the circumstances that led to the use of the emergency replacement. The county licensing agency must notify the commissioner within three business days after receiving the license holder's notice that an emergency replacement was used, and specify the circumstances that led to the use of the emergency replacement.
(f) Notwithstanding the requirements in Minnesota Rules, part 9502.0405, a license holder is not required to provide the names of persons who may be used as replacements in emergencies to parents or the county licensing agency.
1Sp2019 c 9 art 2 s 58
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 245A — Human Services Licensing
Section 245A.02 — Definitions.
Section 245A.03 — Who Must Be Licensed.
Section 245A.035 — Unlicensed Emergency Relative Placement.
Section 245A.04 — Application Procedures.
Section 245A.041 — Systems And Records.
Section 245A.042 — Home And Community-based Services; Additional Standards And Procedures.
Section 245A.043 — License Application After Change Of Ownership.
Section 245A.05 — Denial Of Application.
Section 245A.055 — Closing A License.
Section 245A.06 — Correction Order And Conditional License.
Section 245A.065 — Child Care Fix-it Ticket.
Section 245A.075 — Disqualified Individual; Denial, Conditional License, Revocation.
Section 245A.081 — Settlement Agreement.
Section 245A.085 — Consolidation Of Hearings; Reconsideration.
Section 245A.095 — Rules For Programs Serving Persons With Mental Illnesses.
Section 245A.11 — Special Conditions For Residential Programs.
Section 245A.12 — Voluntary Receivership For Residential Or Nonresidential Programs.
Section 245A.13 — Involuntary Receivership For Residential Or Nonresidential Programs.
Section 245A.14 — Special Conditions For Nonresidential Programs.
Section 245A.143 — Family Adult Day Services.
Section 245A.1434 — Information For Child Care License Holders.
Section 245A.1435 — Reduction Of Risk Of Sudden Unexpected Infant Death In Licensed Programs.
Section 245A.1445 — Dangers Of Shaking Infants And Young Children.
Section 245A.145 — Child Care Program Reporting Notification.
Section 245A.146 — Crib Safety Requirements.
Section 245A.147 — Family Child Care Infant Sleep Supervision Requirements.
Section 245A.148 — Family Child Care Diapering Area Disinfection.
Section 245A.149 — Supervision Of Family Child Care License Holder's Own Child.
Section 245A.15 — Regulation Of Family Day Care By Local Government.
Section 245A.151 — Fire Marshal Inspection.
Section 245A.1511 — Contractors Serving Multiple Family Child Care License Holders.
Section 245A.152 — Child Care License Holder Insurance.
Section 245A.155 — Care Of Individuals On Medical Monitoring Equipment.
Section 245A.156 — Disclosure Of Communicable Disease.
Section 245A.16 — Standards For County Agencies And Private Agencies.
Section 245A.167 — Public Funds Program Integrity Monitoring.
Section 245A.18 — Child Passenger Restraint Systems.
Section 245A.19 — Hiv Training In Substance Use Disorder Treatment Program.
Section 245A.191 — Provider Eligibility For Payments From The Behavioral Health Fund.
Section 245A.22 — Independent Living Assistance For Youth.
Section 245A.23 — Positive Support Strategies; Child Care.
Section 245A.24 — Mandatory Reporting.
Section 245A.26 — Children's Residential Facility Crisis Stabilization Services.
Section 245A.30 — Licensing Prohibition For Certain Facilities Serving Children.
Section 245A.40 — Child Care Center Training Requirements.
Section 245A.41 — Child Care Center Health And Safety Requirements.
Section 245A.50 — Family Child Care Training Requirements.
Section 245A.51 — Family Child Care Health And Safety Requirements.
Section 245A.52 — Family Child Care Physical Space Requirements.
Section 245A.53 — Substitute Caregivers And Replacements In Family Child Care.
Section 245A.65 — Maltreatment Of Vulnerable Adults.
Section 245A.66 — Requirements; Maltreatment Of Minors.
Section 245A.70 — Remote Adult Day Services.
Section 245A.71 — Applicability And Scope.
Section 245A.72 — Record Requirements.
Section 245A.73 — Remote Adult Day Services Staff.