Minnesota Statutes 245A.53 – Substitute Caregivers and Replacements in Family Child Care
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.
Terms Used In Minnesota Statutes 245A.53
- Adult: means a person who is 18 years old or older and who:
(1) has mental illness, developmental disability, physical disability, or functional impairment; or
(2) has substance use disorder or abuses substances. See Minnesota Statutes 245A.02
- annually: means prior to or within the same month of the subsequent calendar year. See Minnesota Statutes 245A.02
- Child: means a person who has not reached age 18. See Minnesota Statutes 245A.02
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Commissioner: means the commissioner of human services or the commissioner's designated representative including county agencies and private agencies. See Minnesota Statutes 245A.02
- License: means a certificate issued by the commissioner under section 245A. See Minnesota Statutes 245A.02
- License holder: means an individual, organization, or government entity that is legally responsible for the operation of the program or service, and has been granted a license by the commissioner under this chapter and the rules of the commissioner. See Minnesota Statutes 245A.02
- Person: means a child or adult as defined in subdivisions 2 and 4. See Minnesota Statutes 245A.02
- supervision: means when a program staff person:
(1) is accountable for the child's care;
(2) can intervene to protect the health and safety of the child; and
(3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). See Minnesota Statutes 245A.02
Terms Used In Minnesota Statutes 245A.53
- Adult: means a person who is 18 years old or older and who:
(1) has mental illness, developmental disability, physical disability, or functional impairment; or
(2) has substance use disorder or abuses substances. See Minnesota Statutes 245A.02
- annually: means prior to or within the same month of the subsequent calendar year. See Minnesota Statutes 245A.02
- Child: means a person who has not reached age 18. See Minnesota Statutes 245A.02
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Commissioner: means the commissioner of human services or the commissioner's designated representative including county agencies and private agencies. See Minnesota Statutes 245A.02
- License: means a certificate issued by the commissioner under section 245A. See Minnesota Statutes 245A.02
- License holder: means an individual, organization, or government entity that is legally responsible for the operation of the program or service, and has been granted a license by the commissioner under this chapter and the rules of the commissioner. See Minnesota Statutes 245A.02
- Person: means a child or adult as defined in subdivisions 2 and 4. See Minnesota Statutes 245A.02
- supervision: means when a program staff person:
(1) is accountable for the child's care;
(2) can intervene to protect the health and safety of the child; and
(3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). See Minnesota Statutes 245A.02
(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.