§ 245G.19 — License Holders Serving Clients With Children
Plain-Language Summary
This section sets extra requirements for a substance use disorder treatment program that supervises a client's child while the client is in treatment. The program must have a written policy and schedule clarifying when it, versus the parent, is responsible for supervising the child, and written procedures for responding to suspected child abuse or neglect. While supervising children, the program must meet child care standards such as child-to-adult ratios, training, behavior guidance, and physical space rules, unless an exemption applies. A program that supervises children for less than three hours a day while the parent is in the same or a contiguous building is exempt from those standards but must always have a CPR and first aid trained staff member present who can immediately reach the parent.
245G.19 LICENSE HOLDERS SERVING CLIENTS WITH CHILDREN.
§
Subdivision 1.Health license requirements.
In addition to the requirements of sections 245G.01 to 245G.17, a license holder that offers supervision of a child of a client is subject to the requirements of this section. A license holder providing room and board for a client and the client’s child must have an appropriate facility license from the Department of Health. §
Subd. 2.Supervision of a child.
“Supervision of a child” means a caregiver is within sight or hearing of an infant, toddler, or preschooler at all times so that the caregiver can intervene to protect the child’s health and safety. For a school-age child it means a caregiver is available to help and care for the child to protect the child’s health and safety. §
Subd. 3.Policy and schedule required.
A license holder must meet the following requirements:
(1) have a policy and schedule delineating the times and circumstances when the license holder is responsible for supervision of a child in the program and when the child’s parents are responsible for supervision of a child. The policy must explain how the program will communicate its policy about supervision of a child responsibility to the parent; and
(2) have written procedures addressing the actions a staff member must take if a child is neglected or abused, including while the child is under the supervision of the child’s parent. §
Subd. 4.Additional licensing requirements.
During the times the license holder is responsible for the supervision of a child, except for license holders described in subdivision 5, the license holder must meet the following standards:
(1) child and adult ratios in Minnesota Rules, part 9502.0367;
(2) day care training in section 142B.70;
(3) behavior guidance in Minnesota Rules, part 9502.0395;
(4) activities and equipment in Minnesota Rules, part 9502.0415;
(5) physical environment in Minnesota Rules, part 9502.0425;
(6) physical space requirements in section 142B.72; and
(7) water, food, and nutrition in Minnesota Rules, part 9502.0445, unless the license holder has a license from the Department of Health. §
Subd. 5.Child care license exemption.
(a) License holders that only provide supervision of children for less than three hours a day while the child’s parent is in the same building or contiguous building as allowed by the exclusion from licensure in section 245A.03, subdivision 2, paragraph (a), clause (6), are exempt from the requirements of subdivision 4 if the requirements of this subdivision are met.
(b) During the times the license holder is responsible for the supervision of the child, there must always be a staff member present who is responsible for supervising the child who is trained in cardiopulmonary resuscitation (CPR) and first aid. This staff person must be able to immediately contact the child’s parent at all times.
History:
1Sp2017 c 6 art 8 s 32; 1Sp2019 c 9 art 2 s 84; 2024 c 80 art 2 s 74; 2024 c 115 art 16 s 41; 2025 c 38 art 5 s 22,23
History: History: 1Sp2017 c 6 art 8 s 32; 1Sp2019 c 9 art 2 s 84; 2024 c 80 art 2 s 74; 2024 c 115 art 16 s 41; 2025 c 38 art 5 s 22,23