Halt the FCC Modernization Process: Delay Legislation Until 2026

To:

Commissioner Jodi Harpstead, PO Box 64998, St. Paul, MN 55164-0998

Deputy Commissioner Tikki Brown, PO Box 64244, St. Paul, MN 55164-0244

Inspector General Kulani Moti, PO Box 64941, Saint Paul, Minnesota, 55164, United States

Whereas: The Modernization project aims to merge two sections of current law to update childcare standards, prioritizing child safety, family-friendliness, and fairness to providers. Whereas: DHS has not adequately involved parents, licensed family child care providers, county licensors, and child development experts in shaping licensing standards, as required by law. Additionally, a DHS licensing staff member sits on the NARA board.

Whereas: Despite having over two years to engage with providers and licensors, DHS is now providing only a 90- day window for input on the final draft.

Whereas: There is concern among family child care professionals that insufficient input may lead to regulations that impede their ability to operate effectively.

We, the undersigned, call for: 

• Stop the DHS legislative proposal from being heard in 2025 legislative session.
• DHS to restart the Modernization process with comprehensive stakeholder involvement as direct in legislation.
• Decoupling of DHS staff from NARA.
• Remove NARA and 'best practice standard'.
• Use a 3rd party consultant.
• Delaying legislative action until the 2026 session at the earliest.

 

A Lead & Care Petition

The Modernization project initiated by legislation in 2021 was intended to streamline and update existing child care laws,

This was a much-needed endeavor to ensure the well-being of children and align current regulations with contemporary standards.

However, it has become apparent that DHS has failed to uphold its legislative mandate. The Department of Human Services (DHS) was legally required to involve parents, licensed family child care providers, county licensors, and child development experts in the formulation of Revised Licensing Standards. Regrettably, this engagement has not materialized until now, at the end with a short deadline.

MN Laws 2021, First Special Session, Chapter 7, Article 2, Sec 81

(d) The consultant shall develop and implement a stakeholder engagement process that solicits input from parents, licensed family child care providers, county licensors, staff of the Department of Human Services, and experts in child development about licensing standards, .....

The draft presented to Family Child Care (FCC) providers solely reflects the work of NARA, with DHS backing, despite the absence of essential input from key stakeholders. DHS has had ample time, over two years, to collaborate with providers, licensors, and the public, and the 90-day input period falls short of ensuring meaningful change.

Lead & Care advocates for the empowerment of all FCC programs as independent small business owners. Our goal is to ensure that our voices are heard and respected in the decision-making process.

Questions, contact Lead & Care Public Policy Chair, Cyndi Cunningham at publicpolicy@leadandcaremn.org.