Page 365

Child Care Assistance Program Policy Manual Issued 08/2022 Legal nonlicensed provider reporting and complaints 11.9.3 - When substantiated maltreatment occurs in a legal nonlicensed care setting and a child dies or is seriously injured, the child care setting is always considered unsafe care. • If the situation meets your agency’s definition of unsafe care as defined in your County and Tribal Child Care Fund Plan. • If the complaint meets provisions your agency enforces under provider compliance policies as defined in your County and Tribal Child Care Fund Plan. If the substantiated situation meets one of these criteria: • If the provider is registering to be a legal nonlicensed provider, deny the registration. • If the provider is actively registered, close the provider’s registration and all open Service Authorizations with a 15 calendar day notice. If it is determined that there is an imminent risk to the health, safety or rights of a child in care with a legal nonlicensed provider, a 15-day notice for adverse action is not required. See Chapter 12.1 (15-Day Notice Requirements). - The provider can be paid through the end of the 15-day adverse action period. - If the provider corrects the conditions underlying the complaint or reported incident during the 15- day notice period, the registration remains open. - If the provider does not correct the condition until after the registration closes, the provider must re-register to receive child care assistance. - Providers cannot be re-registered as a legal nonlicensed provider if a child has died or been seriously injured in their care as a result of a substantiated maltreatment. • The agency must report the aggregate number of child fatalities, substantiated maltreatment and serious injury incidents that occur in legal nonlicensed care homes to DHS at least quarterly. Agency responsibilities for keeping records of substantiated complaints including reported incidents If a complaint or reported incident related to a legal nonlicensed provider is substantiated by the county or tribe’s child protection agency, the agency must keep a record of the substantiated complaint for 10 years as provided in Minnesota Statutes, section 260E. If a complaint or reported incident is substantiated by the county or tribe’s public health agency, local law enforcement, and/or other agencies with jurisdiction to investigate the complaint, the agency must keep a record of the substantiated complaint for three years. Upon request, information governing substantiated complaints including reported incidents shall be released to the public as authorized under Minnesota Statutes, chapter 13. Legal authority Minnesota Statute 260E Minnesota Statutes 13 Minnesota Statute 119B.13, subd. 6d Minnesota Statutes 119B.125, subd. 4 Minnesota Rules 3400.0035, subp. 5e Minnesota Rules 3400.0140, subp. 6