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New laws to keep our kids safe
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State Representative Doug Stang
With the 2002 Legislative Session behind us, many of the bills that we passed into law during the past few months will begin to take effect. Over the next couple of weeks, I will let you know about some of the new laws that could affect you. This week I will focus on laws that will help keep our children safe and healthy – whether they are at school, at a daycare facility, or at home.
Preventing Child Abuse
Minnesota licensed childcare providers will be required to develop policies for parents to report suspected child maltreatment, under a new state law. It also requires that the state print the licensing agency’s phone number on the daycare provider’s license, directing concerned parents to call for more information.
Swimming Pools at Daycare Providers
Because of a modification in state law, family daycare providers will no longer be restricted from having portable wading pools. The Department of Health had gone too far in making rules to govern the use of wading pools at daycare centers; requiring that small wading pools follow the same guidelines as municipal public pools. We eased the restrictions to make the law more reasonable. In the new law, the pool must have a maximum depth of 24 inches and be able to be emptied and moved manually, and a child’s parent must sign a statement that they have read state-prepared materials informing them of the risks associated with the pools.
Gaining Custody of Parentless Children
A new law will help grandparents, siblings, and other caregivers more easily obtain legal custody of parentless children they wish to raise. In order to be awarded custody, the caregiver must show that the child was abandoned or neglected or that it is otherwise in the best interest of the child. It is effective Aug. 1.
More Thorough Background Checks, Information Sharing
A new law modifies the background check statutes on school bus driver endorsements by requiring that national background checks be done. It authorizes the exchange of fingerprints in order to do these checks, and is also amends the apartment manager background check statute to require national checks and requires that a written response be provided to the apartment owner indicating whether or not the manager can be employed. The law also extends to private detectives and manufacturers’ and wholesalers’ liquor licenses background checks.
Minnesota has also joined other states in the National Crime Prevention and Privacy Compact, an interstate agreement that makes it easier for states to share criminal history data. The compact is an agreement between member states and the federal government to share criminal history information for use in noncriminal background checks.
Treating Emotional Disturbance in Children
The Department of Human Services is now required to come up with recommendations for Minnesota certification of out-of-state facilities that care for children with severe emotional disturbance. This legislation was designed to help families who live along the Minnesota borders and can’t choose to receive the care that they need at a facility in a bordering state. Rather than sending that child a long distance from home to receive care, some families would be able to get the assistance they need by accessing most appropriate services in a neighboring state. It is effective Aug. 1.
In my next column I will focus on laws to protect consumers and maintain Minnesota’s environment. If you have any questions about any of these new laws, please contact me at 597 State Office Building, St. Paul, MN 55155 or by phone at (800) 94-STANG; or by e-mail at
