2025 Session Last amended: 2024 session

§ 142B.63 — Positive Support Strategies; Child Care

Plain-Language Summary

This section sets rules for child care programs that serve children with developmental disabilities or related conditions. Family and group family child care programs must follow the child's individualized education program (IEP), and child care centers must follow the child's individual child care program plan. Staff at these programs are prohibited from using the restrictive procedures listed in section 245D.06, subdivision 5, when serving children with developmental disabilities.

142B.63 POSITIVE SUPPORT STRATEGIES; CHILD CARE.

(a) Programs under paragraphs (b) and (c) are exempt from the requirements under Minnesota Rules, chapter 9544.

(b) Programs licensed as family child care or group family child care under Minnesota Rules, chapter 9502, that care for a child with a developmental disability or related condition must comply with the individualized education program (IEP) developed in accordance with section 125A.08, if one exists for a child.

(c) A program licensed as a child care center under Minnesota Rules, chapter 9503, that cares for a child with a developmental disability or related condition must comply with the individual child care program plan under Minnesota Rules, part 9503.0065, subpart 3, if one exists for the child.

(d) When providing services to a child with a developmental disability or a related condition, staff at a program licensed under paragraphs (b) and (c) are prohibited from using procedures identified in section 245D.06, subdivision 5.

History:

2018 c 163 s 2; 2024 c 80 art 2 s 74; 2024 c 115 art 16 s 41

History: History: 2018 c 163 s 2; 2024 c 80 art 2 s 74; 2024 c 115 art 16 s 41

Practical Notes

Child care providers who enroll a child with a developmental disability should obtain a copy of any existing IEP or individual child care program plan and train all relevant staff to follow it. Prohibited restrictive procedures from section 245D.06(5) — such as certain physical holds and other aversive interventions — are not allowed in these settings regardless of what another provider may have used. Violations can result in licensing action.

Source: Minnesota Office of the Revisor of Statutes