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Mille Lacs Band Statutes Annotated

TITLE 8 - CHILDREN AND FAMILIES

CHAPTER 11

CHILD CARE

Subchapter
Section
I. General Provisions
901
II. Child Care Centers
1401

Historical and Statutory Notes

The preliminary provisions to Band Statutes 1019-MLC-46 and 9503-MLC-46 provide:

"ADOPTION OF LICENSE STANDARDS GOVERNING CHILD CARE
CENTERS BY THE MILLE LACS BAND OF CHIPPEWA

"SUBJECT:

"Adoption of License Standards Governing Child Care Centers, on Chippewa Band Reservations.

"BACKGROUND

"The Tribe is a separate sovereign Indian tribe recognized under the laws of the United States and the State of Minnesota. Pursuant to 25 U.S.C. 2701-2721 and Minn. Stat. Section 3.9221, the Tribe has negotiated and entered into a "Tribal-State Compact" (the "Compact") with respect to certain class III gambling. The Tribe wishes to provide child care to the patrons and customers of the Casino.

"I. PURPOSE

"The purpose of this bulletin is to inform service providers of the rules and regulations governing child care centers operating on or near Chippewa land.

"II. AUTHORITY

"The Tribe has established standards under which an individual, corporation, partnership voluntary association or other organization must be authorized by the band to operate a group child care enter on reservation land. The band will adopt and implement laws that govern the child care operation.

"III. TIMELINES FOR IMPLEMENTATION

"These laws become effective May I, 1992."

Cross References

Gaming control, see 15 MLBSA § 1 et seq.
Wage deductions, see 24 MLBSA § 3308.

 

SUBCHAPTER I

GENERAL PROVISIONS

Part  
Section
A. Definitions
901
B. Licensing Standards and Procedures
941
C. Facility
971
D. Program
1001
E. Health
1041
F. Nutrition
1071
G. Safety
1101
H. Admissions
1141
I. Administration and Management
1171
J. Staff Requirements
1201
K. Program Operation
1241
L. Insurance
1271
M. Financial Records
1301
N. Day Care Learning Centers Serving Special Needs Children
1341
O. Waiver
1371

Historical and Statutory Notes

The enacting clause of Band Statute 1019-MLC-46 provides:

"It is enacted by the Mille Lacs Reservation Business Committee, of the Mille Laces Band of Chippewa Indians, in order to exercise a more effective form of tribal government to regulate the operation of Child Care Centers."

Part A

Definitions

Section
901. Definitions.


§ 901. Definitions

The Mille Lacs Reservation Business Committee hereby establishes that the following definition of terms be utilized when interpreting this subchapter.

(a) "Applicant": Individual[s] who have submitted a signed and dated application form to the agency.

(b) "Child": Any person who is under the age of ten. Age groupings are:

(1) Infant-Birth through 15 months.

(2) Toddler-16 months through 36 months.

(3) Preschool-37 months through 5 years.

(4) School Age-6 years through 10 years.

(c) "Coordinator": Person responsible for all aspects of the operation of the group-day-care center, [e.g.] administrative duties, staff supervision and training, record keeping, program planning, budgeting, and liaison with local agencies.

(d) "Day Care": The care of children outside of their home for part of a 24 hour day by persons unrelated to them by blood or marriage.

(e) "Delegated Staff Division": Referring to the interoffice delegation of duties and responsibilities by Mille Lacs Reservation Business Committee.

(f) "Facility": Physical environment in which group-day-care takes place.

(g) "Family Day-Care-Home": [Private home licensed for child care]. Serve only as many children as it can integrate into its own physical setting and pattern of living. A family day-care-home may serve no more than 6 children [3-14 years] in total [no more than 5 when the age range is infancy through 6], including the family-day-care mother's own children. [Federal Requirements].

(h) "Federal Requirements": Those portions of the standards binding upon the agency but not upon the provider, are so marked. Failure of the agency to meet one or more federal requirements is not a defense for the provider's failure to meet provider requirements.

(i) "License": The document issued by the R.B.C. authorizing the applicant to provide child care.

(j) "License Capacity": Maximum number of children who can be in attendance at a center at a given time depending upon adult to child ratios as set forth in these standards.

(k) "Mille Lacs Reservation Child Care licensing Committee": A selected group of individuals, with advisory powers only, appointed by the R.B.C. to advise on the implementation on the issuance and enforcement of the Mille Lacs R.B.C. Child Care Ordinance and Child Care Standards.

(l) "Program": A combination of activities that, taken together, constitute the non-physical environment of a center, are part of the program.

(m) "R.B.C.": The Reservation Business Committee (R.B.C.) is the duly elected and federally recognized governing body of the Mille Lacs Reservation. The R.B.C. Is composed of five members: a Chairman, a Secretary/Treasurer, and three District Representatives.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 1.

Cross References

Reservation Business Committee, legislative authority to be exercised by Band Assembly, see 3 MLBSA § 1.

 

Part B

Licensing Standards and Procedures

Section
941. Establishment of standards and procedures.
942. Application form.
943. Notice of rules and standards.
944. Evaluation of application and issuance of license.
945. Term and contents of license.
946. Provisional license.
947. Changes in terms of license.
948. Complaints.
949. Access to facility for evaluation.
950. Notice of closure of group child care center.
951. Waiver of regulations.
952. Noncompliance.


§ 941 Establishment of standards and procedures

The Mille Lacs Reservation Business Committee hereby establishes that the child care licensing standards and procedures in this Part B be utilized.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 2.


§ 942. Application form

Application for license shall be made on the Application Form issued by the R.B.C. This form shall be obtained from the designated staff division of the Mille Lacs Reservation.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 2.01.


§ 943. Notice of rules and standards

Every Applicant shall be furnished with a copy of these rules and standards.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 2.04.


§ 944. Evaluation of application and issuance of license

(a) The signed and completed application form, including all supporting documentation, shall be evaluated within 30 days based upon these established standards by the Mille Lacs Reservation Child Care Licensing Committee. Based upon the recommendation of this committee, the R.B.C. will determine if a child care license will be issued.

(b) All applicants for a child care license will be reviewed and evaluated by the Mille Lacs Reservation Child Care Licensing Committee. This committee will make a determination in the form of a recommendation to issue an Unconditional license, or issue a Provisional license, or deny the issuance of a license. The recommendation shall be forwarded to the Secretary/Treasurer of the Mille Lacs R.B.C. in writing, signed by the Child Care Chairperson. The R.B.C. shall act on said recommendation no later than its next regular scheduled meeting. Each applicant will be notified within five days in writing by certified Mail, by the Secretary/Treasurer of the Mille Lacs R.B.C., of their decision.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, §§ 2.02, 2.07.


§ 945. Term and contents of license

(a) No child care license may be issued for more than one year. [Federal requirements]. The license shall state the dates of validity, the maximum number of children to be present in the specific program areas, as well as the total program at any one time, the ages, and the hours of operation. The hours must be posted in a conspicuous place on the premises.

(b) Every license shall specify the kind of license and the maximum number of children per section to be provided care at any one time.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, §§ 2.02, 2.08.


§ 946. Provisional license

A provisional license may be issued to all new group child care centers for a designated period. A provisional license may be granted for up to one year to a new group child care center that meets necessary health, safety, and insurance requirements but does not meet all requirements for licensure.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 2.09.


§ 947. Changes in terms of license

Any changes in the terms of the license based on a recommendation of the Child Care Licensing Committee must receive prior approval from the Child Care Licensing Committee and formal approval from the Mille Lacs R.B.C.

Historical and Statutory Notes

Source:Band Statute 1019-MLC-46, § 2.03.


§ 948. Complaints

All written complaints shall be addressed to the Program Coordinator. If no satisfaction is found, the complainant may appeal to the Area Administrator. If no satisfaction is found, the complainant may appeal to the Executive Director. If no satisfaction is found, the complainant may appeal to the R.B.C. through the Mille Lacs Reservation Child Care Licensing Committee. The decision of the R.B.C. Is final.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 2.06.


§ 949. Access to facility for evaluation

The Mille Lacs Reservation Child Care Licensing Committee, the Commissioner of Administration, and any applicable area administrator[s], may have access to the child care facility for evaluation at any time during normal working hours and at other times by mutual agreement. For the purpose of investigating any written complaints concerning the health and safety of the children, the above group and/or individual[s] as well as the Mille Lacs R.B.C. Shall have access to the child care facility at any time during a twenty-four hour day. Any complaint concerning a Child Care Facility shall be investigated immediately. [Federal Requirement].

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 2.05.

Cross References

Access by Band, child care centers, see 8 MLBSA § 1602.


§ 950. Notice of closure of group child care center

Notice of the closure of a Group Child Care Center must be sent to the R.B.C. and its license must be returned.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 2.10.


§ 951. Waiver of regulations

Specific regulations may be waived with the advanced written approval of the R.B.C. according to the procedure established for such waiver, provided that the health and safety of the children is assured. The granting of a waiver shall not constitute a precedent for any other child care center. No waiver shall be valid for more than one year.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 2.11.


§ 952. Noncompliance

Failure, or refusal to comply with any aspect of this chapter shall be cause for denial, non-renewal, or revocation of license. Under non-compliance, items the R.B.C. Will notify all funding agencies, state agencies, and local communities stating the cause for denial.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 2.12.

Part C

Facility

Section
971. Requirement that facilities be provided.
972. Indian Health Service guidelines.
973. Approval of plans.
974. Minimum usable space.
975. Stairways and corridors.
976. Toilets and washbowls.
977. Emergency items.
978. Heating system.
979. Storage of medications and poisonous items.
980. Space used by ill children.
981. Floors.
982. Cleanliness and good repair.
983. Cots, cribs and playpens.
984. Equipment and furniture.


§ 971. Requirement that facilities be provided

The Mille Lacs Reservation Business Committee hereby establishes that the child care facilities delineated in this Part C be provided.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.

Cross References

Child care centers, facilities and equipment, see 8 MLBSA § 1471 et seq.


§ 972. Indian Health Service guidelines

The facility and grounds used by the children must meet the guidelines established by Indian Health Service (I.H.S.). Any and all such standards set by the I.H.S., Shall be designed to protect the requirements of the appropriate safety and sanitation authorities to include the health and safety of all persons who occupy the building.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.01.


§ 973. Approval of plans

Prior to construction or renovation of a proposed child care facility the architectural plans must be approved in writing by a designated I.H.S. facility inspector.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46 § 3.02.


§ 974. Minimum usable space

There shall be a minimum of 35 square feet of usable floor space [primary space] per child in attendance, exclusive of hallways, bathrooms, lockers, kitchens, and floor space occupied by stationary equipment, but including equipment and furnishings regularly used by children. [Program flexibility and child movement needs require that adequate space be available].

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.03.

Cross References

Child care centers, indoor space, see 8 MLBSA § 1471.


§ 975. Stairways and corridors

All stairways and corridors leading to exits shall be kept clear and free from obstructions at all times.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.04.


§ 976. Toilets and washbowls

(a) Adequate toilet and one washbowl provided in a well ventilated place.

(b) There must be at least one toilet and one washbowl provided for each 15 children and one additional toilet and washbowl for each additional child or fraction thereof.

(c) Toilets and washbowls must be adequate, conveniently installed and accessible; properly designated and installed for the appropriate age group.

(d) Training chairs, instead of the required number of toilets must be provided for toddlers.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.05.

Cross References

Cleanliness and sanitation, child care centers, see 8 MLBSA § 1510.


§ 977. Emergency items

A first-aid kit and flashlight shall be available in every day care center for emergency use.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.06.

Cross References

Emergency equipment, child care centers, see 8 MLBSA § 1506.
First-aid kit, child care centers, see 8 MLBSA § 1505.
First-aid kit, see 8 MLBSA § 1048.
First-aid training, see 8 MLBSA § 1044.


§ 978. Heating system

The heating system shall be of a size and capacity to maintain a minimum temperature of 68 degrees or a maximum of 72 degrees in all rooms.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.07.

Cross References

Child care centers, room temperature, see 8 MLBSA § 1472.


§ 979. Storage of medications and poisonous items

All medications for the children in the Child Care Center shall be kept under lock at all times, those medications which require refrigeration shall be kept in a cooling unit which is secure. All household cleaning supplies and other poisonous items shall be kept in a safe and secure place.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.08.

Cross References

Administration of medicine, diapering products, sunscreen lotions and insect repellents, child care centers, see 8 MLBSA § 1511.
Hazardous areas, conditions and objects, child care centers, see 8 MLBSA § 1509.
Medication of children, see 8 MLBSA § 1047.


§ 980. Space used by ill children

Space designated for use by an ill child need not be permanently arranged but shall be:

(a) Used only for other compatible purposes: (e.g.) private office, library, staff's room or,

(b) Effectively protected from the main activity area and screening, and,

(c) Equipped with a child's cot, and,

(d) At no time shall an ill child be left without supervision.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46. § 3.10.

Cross References

Children who become ill, see 8 MLBSA § 1046.
Children with communicable diseases, see 8 MLBSA § 1045.
Exclusion of sick children, child care centers, see 8 MLBSA § 1512.


§981. Floors

Floors must be kept clean at all times, must not have splinters, cracks, or broken linoleum, and must not be hazardous. Concrete floors shall be tiled, carpeted, or cushioned.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.11.

Cross References

Cleanliness and sanitation, child care centers, see 8 MLBSA § 1510.
Hazardous areas, conditions and objects, child care centers, see 8 MLBSA § 1509.


§ 982. Cleanliness and good repair

Premises shall be kept clean and sanitary. The facility and equipment must also be kept in good repair, with no peeling paint, and free from all debris and litter.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.12.

Cross References

Cleanliness and sanitation, child care centers, see 8 MLBSA § 1510.
Hazardous areas, conditions and objects, child care centers, see 8 MLBSA § 1509.
Painted surfaces, safety, see 8 MLBSA § 1110.


§ 983. Cots, cribs and playpens

A cot or crib must be provided for each child taking a nap in a program that includes rest. Adequate space and accessibility of exit must be maintained, Infants must be provided with cribs or padded playpens, regardless of type or duration of program. An Indian swing is permissible under these standards.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.13.


§ 984. Equipment and furniture

All equipment and furniture must be designed for the age group and be substantial, easy to clean, and free from sharp points or corners, splinters, or paint that contains lead.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.14.

Cross References

Program, equipment and materials, see 8 MLBSA § 1005.
Safety, furniture, equipment and toys, see 8 MLBSA §1109.

 

Part D

Program

Section
1001. Program guidelines established.
1002. Harmony with life style and cultural experience.
1003. Daily schedule.
1004. Punishment.
1005. Equipment and materials.

Cross References

Program, child care centers, see 8 MLBSA § 1571 et seq.


§ 1001. Program guidelines established

The Mille Lacs Reservation Business Committee hereby establishes that the program guidelines in this Part D be followed for child care centers.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 4.


§ 1002. Harmony with life style and cultural experience

The program provides experience in harmony with life style and cultural background of the children. The cultural diversity of the children is reflected in the program through incorporation of their languages, food celebrations, lifestyles and child-rearing practices.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 4.01.


§ 1003. Daily schedule

The program daily schedule shall include the following guidelines and instructions:

(a) Each care giver in charge of a group of children must follow written schedules of daily activities which includes time for meals, snacks, sleep, toileting, and indoor/outdoor play, where applicable.

(b) Each facility includes a designated area which a child can sit quietly or lie down to rest. A nap period is provided for children who need it and for children unable to sleep, time and space for rest and quiet play are available.

 

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 4.02.


§ 1004. Punishment

Care givers do not use spanking or other forms of corporal punishment or any other technique which is humiliating, shaming, frightening, or otherwise damaging to the children. Punishment is not associated with food, rest, toilet training or isolation for illness. All facilities should utilize the concept of positive reinforcement.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 4.03.

Cross References

Behavior guidance, child care centers, see 8 MLBSA § 1573.


§ 1005. Equipment and materials

The following guides for equipment and materials should be followed in a child care center:

(a) The quantity of materials and equipment is sufficient to avoid excessive competition and long waits.

(b) Materials and equipment are of sufficient quantity to provide for a variety of experiences and appeal at the individuals interest of the children in care.

(c) Protected areas are provided, free from traffic by children and adults, where equipment and materials can be used with minimal interference.

(d) Materials are stored in an orderly way, are attractive and accessible to children, and are arranged so that children may select, remove, and replace them either independently or with assistance.

(e) Furniture is durable and safe, and is child-size or approximately adapted for children's ages.

(f) Non-durable consumable equipment such as books, games, or materials and other easily breakable or lost education or recreation equipment must be replaced as needed through the programs operation year.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 4.04.

Cross References

Facility, equipment and furniture, see 8 MLBSA § 984.
Safety, furniture, equipment and toys, see 8 MLBSA § 1109.

 

Part E

Health

Section
1041. Health guidelines established.
1042. Health responsibilities.
1043. Information obtained from parents.
1044. First-aid training.
1045. Children with communicable diseases.
1046. Children who become ill.
1047. Medication.
1048. First-aid kit.

Cross References

Child care centers, health and safety, see 8 MLBSA § 1501 et seq.
Information and instruction from parents, see 8 MLBSA § 1143.


§ 1041. Health guidelines established

The Mille Lacs Reservation Business Committee hereby establishes the health guidelines in this Part E to be followed for child care centers.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 5.


§ 1042. Health responsibilities

The director, or designated personnel, of each program shall be responsible for observation of health and development of children, handling illness at the center, accident prevention and emergency procedures, and keeping health records complete.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 5.01.


§ 1043. Information obtained from parents

Written evidence will be obtained from each parent of the following information:

(a) Emergency contact information on each child, including written permission for each child to receive emergency treatment.

(b) Proof of immunizations appropriate for the child's age.

(c) Any prescriptions or medications which the child is currently taking.

(d) Tuberculosis testing results which have been competed within six (6) months.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 5.02.


§ 1044. First-aid training

All staff personnel are required to possess or participate in no less than ten (10) hours of first-aid training conducted by a certified individual.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 5.03.

Cross References

Safety, see 8 MLBSA § 1101 et seq.


§ 1045. Children with communicable diseases

Children with communicable diseases are to be kept at home. Such children must have written permission from their doctor to return to the program.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 5.04.

Cross References

Exclusion of sick children, child care centers, see 8 MLBSA § 1512.


§ 1046. Children who become ill

Child care centers must provide care for a child who becomes ill. Supervision must be provided until the child is picked up by the authorized person[s].

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 3.09.

Cross References

Exclusion of sick children, see 8 MLBSA § 1512.
Space used by ill children, see 8 MLBSA § 980.


§ 1047. Medication

When a child is to be given oral or surface medication, written instructions by a physician or dentist must be provided and written authorization to administer medication must be given by parent. Medication must be labeled, stored under lock and/or out of reach of children.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 5.05.

Cross References

Administration of medicine, child care centers, see 8 MLBSA § 1511.
Storage of medications, see 8 MLBSA § 979.


§ 1048. First-aid kit

A ten-unit first-aid kit and directions for its use must be available.

Historical and Statutory Notes

Source:Band Statute 1019-MLC-46, § 5.06.

Cross References

Child care centers, first aid kit, see 8 MLBSA § 1505.
Emergency items, see 8 MLBSA § 977.

 

Part F

Nutrition

Section
1071. Nutrition guidelines established.
1072. Meals and snacks.
1073. Sanitary food-handling.
1074. Diet of infant.
1075. Drinking water.
1076. Staff to eat with children.
1077. Nutritionist.


§ 1071. Nutrition guidelines established

The Mille Lacs Reservation Business Committee hereby establishes that the nutrition guidelines in this Part F be followed for child care centers.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 6.


§ 1072. Meals and snacks

All group child care centers must provide or ensure the availability of adequate and nutritious meals and snacks appropriate for the ages and needs of the children served. Each regular meal and two snacks or two meals and one snack shall be provided daily for each child in care five through eight hours.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 6.01.

Cross References

Availability of meals and snacks, child care centers, see 8 MLBSA § 1541.


§ 1073 Sanitary food-handling

All group child care center personnel shall understand sanitation and methods of handling, preparing, and serving food in a safe and sanitary manner.

Historical and Statutory Notes

Source:Band Statute 1019-MLC-46, § 6.02.

Cross References

Sanitation, food, child care centers, see 8 MLBSA §1545.


§ 1074. Diet of infant

The diet of an infant shall be determined by the child's parents, along with written diet instructions.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 6.03.

Cross References

Infant diets, child care centers, see 8 MLBSA § 1544.
Information and instruction from parents, see 8 MLBSA § 1143.


§ 1075. Drinking water

Drinking water shall be freely available to all children regardless of age. Each child shall be provided with an individual drinking container.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 6.04.


§1076. Staff to eat with children

All meals and snacks shall be served family style. Staff personnel are therefore required to eat with the children.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 6.05.

Cross References

Staff to sit with children at meals or snacks, child care centers, see 8 MLBSA § 1542.


§ 1077. Nutritionist

All meals and snacks shall be critiqued and approved by a licensed nutritionist and posted in a conspicuous place for potential information.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 6.06.

 

Part G

Safety

Section
1101. Emergency or accident procedures.
1102. Fire extinguishers.
1103. Electrical outlets.
1104. Telephones.
1105. Emergency telephone numbers.
1106. Hot surfaces.
1107. Hazardous materials and tools.
1108. Exterior spaces.
1109. Furniture, equipment and toys.
1110. Painted surfaces.

Cross References.

Child care centers, health and safety, see 8 MLBSA §1501 et seq.
First-aid training, see 8 MLBSA § 1044.


§ 1101. Emergency or accident procedures

A center shall establish procedures to be followed in case of emergencies or accidents.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 7.


§ 1102. Fire extinguishers

A center must be equipped with the number of fire extinguishers determined by the designated Reservation Business Committee facility inspector. Extinguishers must be in working order and checked annually.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 7.01.

Cross References

Child care centers, fire extinguisher inspections, see 8 MLBSA § 1508.


§ 1103. Electrical outlets

All electrical outlets must be covered or protected when not in use.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 7.02.

Cross References

Hazardous areas, conditions and objects, child care centers, see 8 MLBSA § 1509.


§ 1104. Telephones

Every facility must have a phone that is readily accessible.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 7.03.

Cross References

Child care centers, telephone, see 8 MLBSA § 1507.


§ 1105. Emergency telephone numbers

A list of emergency numbers shall be prominently posted by the telephone: police, fire, doctor, ambulance, and hospital.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 7.04.

Cross References

Child care centers, posted telephone numbers, see 8 MLBSA § 1507.


§ 1106. Hot surfaces

Radiators, fireplaces, hot pipes, steam radiators, and other hot surfaces shall be protected by guards.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 7.05.

Cross References

Hazardous areas, conditions and objects, child care centers, see 8 MLBSA § 1509.


§ 1107. Hazardous materials and tools

Sharp scissors, knives, matches, and other potential hazards to children shall be stored out of their reach. The use of potentially hazardous materials and tools by children shall be supervised.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 7.06.


§ 1108. Exterior spaces

Exterior spaces are fenced or have natural barriers to restrict children from unsafe areas.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 7.07.


§ 1109. Furniture, equipment and toys

Furniture, equipment, and toys are appropriate to the ages and developmental needs of the children, are sturdily constructed without sharp edges, and prevent minimal hazards to children.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 7.08.

Cross References

Facility, equipment and furniture, see 8 MLBSA § 984.
Hazardous areas, conditions and objects, child care centers, see 8 MLBSA § 1509.
Program, equipment and materials, see 8 MLBSA § 1005.


§ 1110. Painted surfaces

All painted surfaces accessible to children are free of toxic materials.

Historical and Statutory Notes

Source:Band Statute 1019-MLC-46, § 7.09.

Cross References

Peeling paint, see 8 MLBSA § 982.

 

Part H

Admissions

Section
1141. Admissions guidelines and policies established.
1142. Age ranges.
1143. Information and instruction from parents.
1144. Communication between family and facility.

Cross References

Sample menus provided at time of admission, child care centers, see 8 MLBSA § 1543.


§1141. Admissions guidelines and policies established

The Mille Lacs Reservation Business Committee hereby establishes the admissions guidelines and policies for child care in this Part H.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 8.


§ 1142. Age ranges

Each group child care program shall have an admission policy that specifies the age ranges of children being served.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 8.01.


§ 1143. Information and instruction from parents

(a) Admission procedures developed must provide the care-giver with sufficient information and instruction from the parent to enable the caregiver to make decisions or act in behalf of the child's welfare in the absence of the parent.

(b) Prior to admission of the child, the caregiver shall obtain written information from a person or persons legally responsible for the child covering the following items:

(1) The child's full name, birth date, and current address.

(2) The name and address of the parent or parents, or the person(s) legally responsible for the child. Telephone number of instructions as to how the parent(s) responsible for the child may be reached when child is in the day care program.

(3) Names of persons authorized to take the child from the day care facility and their address, and persons not so authorized.

(4) Names, address, and telephone numbers of the health source to be called in case of emergency. Health statement and immunization data as specified in 8 MLBSA § 1041 et seq.

(5) Name, addresses, and telephone numbers of parent(s) who can assume responsibility for the child if the parent cannot be reached in an emergency.

(6) Signed authorization to the effect that the parent gives permission to the center to act in an emergency situation when the parent cannot be reached or is delayed in arriving. (In Loco Parentis.)

(7) Written permission for participation in specific research, experimentation or publicity activities.

(8) All children must have the expressed written permission from their parent or guardian to participate in activities away from the physical facility of the Child Care Center. Sponsorship of the activity shall not be considered a reason to waive this requirement. All written permissions shall be activity specific and must include the type of activity, location, date and time of departure and anticipated arrival. Blanket permission shall not be allowed.

(9) Special diet needs shall be followed as stated in the following sections.

(10) Written statement of income provided by parents, [Federal Requirement] Reason: Any child care center receiving Federal Funds must abide by income guidelines for families to be eligible for services.

(c) All information received during admission eligibility process is and must remain confidential.

 

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 8.02, 8.03.

Cross References

Diet of infant, see 8 MLBSA § 1074.


§ 1144. Communication between family and facility

Admission policies and procedures must ensure initial and continuing communication between the family and the facility to ensure compatibility in their mutual responsibility for the child's welfare.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 8.0392.

Cross References

Participation in field trips, child care centers, see 8 MLBSA § 1572.

 

Part I

Administration and Management

Section
1171. Administration and management established.
1172. Information to be submitted to licensing committee.
1173. Program Coordinator.
1174. Hiring policies: personnel policies of Mille Lacs Reservation Business Committee.


§ 1171. Administration and management established

The Mille Lacs Reservation Business Committee hereby establishes the administration and management for child care centers.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 9.


§ 1172. Information to be submitted to licensing committee

Every child program shall submit administrative and management information to the licensing committee. Along with the application for licensure, the information must include:

(a) Admission procedures and requirements.

(b) Required information to be kept in each child's confidential record.

(c) Individualized Educational Program Plan.

(d) Description of provisions for emergency medical and/or dental care.

(e) Written documentation on insurance coverage in an amount sufficient to protect the interest of the children and staff.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 9.01.


§ 1173. Program Coordinator

Every child care center shall have a Program Coordinator who shall be responsible and accountable for meeting the requirements of this subchapter.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 9.02.

 


§ 1174. Hiring policies: personnel policies of Mille Lacs Reservation Business Committee

All child care centers licensed by the Mille Lacs Reservation Business Committee:

(a) Will not discriminate because of political or religious opinions or affiliations, or because of race, national origin or other non-merit factors except for Indian preference or as required by specific program guidelines. Discrimination on the basis of age, sex or physical disability will be Prohibited except where specific age, sex or physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration.

(b) Will take affirmative action to insure that these provisions are carried out.

 

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 9.03.

 

Part J

Staff Requirements

Section
1201. Staff requirements established.
1202. Staff development training.
1203. Job descriptions.
1204. Staff-to-child ratios.
1205. Persons capable of training staff.
1206. Competence and health of personnel.
1207. Abuse or neglect of children.
1208. Duty to report abuse or neglect.

Cross References

Child care centers, qualifications and training of applicant and staff, see 8 MLBSA § 1441 et seq.


§ 1201. Staff requirements established

The Mille Lacs Reservation Business Committee hereby establishes, in this Part J, the staff requirements for child care centers.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 10.


§ 1202. Staff development training

Staff development training for all regular administrative, teaching and support services staff members, including volunteers, must be a part of every center's educational program.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 10.01.


§ 1203. Job descriptions

The program shall maintain up-to-date job descriptions for all staff which include mandatory staff training participation as an aspect of career development.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 10.02.


§ 1204. Staff-to-child ratios

(a) The following staffing ratios shall apply with these specific age groups.

Children of age:

6 weeks-16 months

1 adult to 2 children

  17-33 months 1 adult to 7 children
  34 months-5 years 1 adult to 10 children
  6-12 years 1 adult to 15 children

(b) The adult-child ratio must be maintained throughout the day. This ratio is based solely on the number of teacher aides in the classroom compared to the total number of children. Children shall not be left unattended for any reason.

(c) Volunteers for all age groupings: to be counted in the staff-to-child ratio, volunteers must be at least 18 years of age and participate in an orientation to the program.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, §§ 10.03, 10.05, 10.06.


§ 1205. Persons capable of training staff

At least one person on the staff must be knowledgeable of the following fields and capable of training adult staff: Early childhood education, growth, development and practices; and first-aid and home nursing.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 10.04.


§ 1206. Competence and health of personnel

All personnel in regular contact with children, including volunteers and drivers, shall be physically, mentally, and emotionally competent to care for children and free from serious communicable disease, with tuberculosis testing results which have been completed within the last six (6) months. Such testing shall occur once every calendar year.

 

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 10.07.

 

Cross References

Child care centers, general staff qualifications, see 8 MLBSA § 1443.


§ 1207. Abuse or neglect of children

(a)(1) Employees of any child care center licensed by the Mille Lacs Reservation Business Committee are Prohibited from abusing and/or neglecting, of any type or kind, and to any degree which could tenably be construed as such by an impartial observer, any child placed under their direct/indirect supervision at a Child Care Center.

(2) Any employee suspected of such actions shall be immediately suspended from further duty upon the program coordinator's receipt of a written statement of complaint which alleges the occurrence of such actions. Such written statements must include:

(A) Name of employee allegedly committing said infraction;

(B) Time and location of observed infraction;

(C) Exact eye-witness description of what actually occurred: must be factual information-hearsay information is not allowable; and

(D) Name, date and signature of person filing the report.

(3) Upon receipt of said written complaint, the program coordinator shall forward said statement, unduplicated, to the Executive Director. The Executive Director shall notify the Reservation Business Committee of said complaint at a special closed meeting. The Reservation Business Committee shall establish a three (3) member investigative hearing panel chaired by the Executive Director whose purpose shall be to only gather the facts about the alleged incident and submit a written report to the Secretary-Treasurer of the R.B.C. within five (5) days after their establishment. At a special closed Reservation Business Committee meeting, the R.B.C. Shall hear all the evidence regarding the incident and render a decision in writing regarding said incident. The decision of the R.B.C. Shall be final.

(b) The prevailing rule of law regarding such allegations shall be that an employee is innocent until proven guilty based upon a collection of facts or a substantial amount of circumstantial evidence.

(c) An accused employee shall have the right to present evidence on his/her behalf to the investigative panel. He/she shall also have the right to appoint another person to represent his/her interests at said hearing. He/she shall have the right to cross examine any witness who testifies at said hearing. These rights shall constitute an employee's rights to due process.

 

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 10.09.

 

Cross References

Confrontation of witnesses and assistance of counsel, see 1 MLBSA § 6.
Domestic abuse prevention, see 8 MLBSA § 401 et seq.
Due process, see 1 MLBSA § 8.
Duty to report abuse and neglect, see 8 MLBSA § 301 et seq.
Minors in need of care, see 8 MLBSA § 201 et seq.


§ 1208. Duty to report abuse or neglect

It is the policy of the Mille Lacs Reservation Business Committee to require all personnel of any child care center under its jurisdiction to report any suspected physical and/or sexual abuse of children or physical/psychological neglect of children. Said written report shall be prepared by the program coordinator addressed to the Health/welfare Area Administrator. Said administrator shall immediately forward this letter to the Executive Director who shall in turn inform the Reservation Business Committee. The Reservation Business Committee shall, at a closed special meeting, cause to happen any appropriate action it deems necessary to resolve a complaint of this kind.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 10.08.

 

Cross References

Duty to report abuse and neglect, see 8 MLBSA § 301 et seq.

 

Part K

Program Operation

Section
1241. Program operation guidelines established.
1242. Records.
1243. Informational documents.


§ 1241. Program operation guidelines established

The Mille Lacs Reservation Business Committee hereby establishes that child care center programs be operated as provided in this Part K.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 11.


§ 1242. Records

(a) The center shall maintain the following types of records:

(1) Daily attendance records of children,

(2) Employment of staff and their evaluations,

(3) Health records of children and staff,

(4) Financial records,

(5) Insurance, and

(6) Vehicle registration and proof of maintenance

(b) Also records of permission from parents for children for emergency treatment, field trips, special medications, arrangement for picking up children from the center other than parents, approval of architectural plans for renovation plans from a health agency in the community, records of volunteers time and health status, and an annual inventory of all equipment shall be maintained.

 

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 11.01.

Cross References

Records, child care centers, see 8 MLBSA § 1671 et seq.


§ 1243. Informational documents

The program coordinator shall assure the following written documents:

(a) A clear definition of the type of service being offered to the children and their parents,

(b) Hours of operation,

(c) Written admissions and enrollment procedures,

(d) A clearly outlined list of fees and a plan for payment which is given to an interested inquirer on request,

(e) Regulations covering the belongings of children,

(f) Transportation arrangements.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 11.02.

 

Part L

Insurance

Section
1271 . Insurance of facility and vehicles.


§ 1271. Insurance of facility and vehicles

The program Coordinator shall assure the following types of insurance: the center facility, and any vehicle owned or operated by the center or its staff, shall have full comprehensive insurance coverage.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 12.

 

Part M

Financial Records

Section
1301. Financial records to be maintained.
1302. Income and expenditures.
1303. Fees.
1304. Purchase and inventory policies.
1305. Budget.


§ 1301. Financial records to be maintained

The Mille Lacs Reservation Business Committee hereby establishes that the financial records provided for by this Part M be maintained.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 13.


§ 1302. Income and expenditures

The center shall maintain a record of all income regardless of its derivation and record all expenditures.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 13.01.


§ 1303. Fees

Records shall be kept of all fees obtained from parents, and of their disbursement.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 13.02.


§ 1304. Purchase and inventory policies

The Program Coordinator shall have written policies covering the purchases of the organization and the maintenance of an inventory of the center's equipment.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 13.03.


§ 1305. Budget

The Program Coordinator shall maintain an annual budget which shall provide information on the following areas of itemization:

(a) Staff salaries and fringe benefits,

(b) Equipment purchase or rental,

(c) Insurance costs,

(d) Office or space costs,

(e) Consumable supplies,

(f) Communications,

(g) Other direct costs,

(h) Travel for staff,

(i) Consultants,

(j) Training, and

(k) Food costs.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 13.04.

 

Part N

Day Care Learning Centers Serving Special Needs Children

Section
1341. Integration of handicapped children.
1342. Consultant.
1343. Obtainment of information about special problems or needs.
1344. Progress evaluations.


§ 1341 Integration of handicapped children

Day care learning centers are encouraged to integrate handicapped children into the group of normal children whenever feasible for the center and for the child. The special needs of the child must be met.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 14.


§ 1342. Consultant

(a) The day care learning center shall obtain the assistance of a qualified consultant prior to the enrollment of any special needs child.

(b) The center shall have written program modifications based on the determination of the qualified consultant and the needs of the individual special needs child. These program modifications shall be understood by the program staff.

(c) Additional staff as recommended by the consultant shall be available.

(d) Modified equipment and supplies as recommended by the consultant shall be available.

(e) Training of all staff as recommended by the consultant shall be arranged.

(f) Modification of the physical facilities shall be made as recommended by the consultant and approved by the R.B.C. Facility inspector.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 14.01.


§ 1343. Obtainment of information about special problems or needs

Prior to the admission of any special needs child, the day care center shall obtain information from the parents, the physician and the state and local education agency about any special problems or needs that may affect the child's use of the program. Where indicated, a psychological evaluation may be made if necessary, and must be made available to the center.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 14.02.


§ 1344. Progress evaluations

The progress of the special needs child shall be evaluated no less than annually by a qualified consultant.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 14.03.

 

Part O

Waiver

Section
1371. Waiver.


§ 1371. Waiver

Upon the simple majority vote of the Reservation Business Committee, any word, sentence, paragraph or section of these standards may be waived for up to twelve months provided there is no loss to the quality of the program offered to its participants. All requests must be initiated in writing to the Mille Lacs Reservation Child Care Licensing Committee by the Program Coordinator. Upon receipt, a public hearing must be held no later than five (5) days hence. The committee will deliberate and finalize a recommendation on said request to be forwarded to the Secretary-Treasurer of the R.B.C. The R.B.C. Shall hear the recommendation and supporting documentation at its next regularly scheduled meeting and deliberate on a final determination. The decision of the R.B.C. Shall be final.

Historical and Statutory Notes

Source: Band Statute 1019-MLC-46, § 1.14.

 

SUBCHAPTER II

CHILD CARE CENTERS

Part  
Section
A. General Provisions
1401
B. Qualifications and Training of Applicant and Staff
1441
C. Facilities and Equipment
1471
D. Health and Safety
1501
E. Food
1541
F. Program
1571
G. Access
1601
H. Transportation
1641
I. Records
1671

 

Part A

General Provisions

Section
1401. Definitions.
1402. Applicability.
1403. Information on organizations.


§ 1401. Definitions

(a) Scope. The definitions in this section apply to this subchapter.

(b) Age category. "Age category" means the designation given a child according to the child's age. The age categories are as follows:

(1) "Infant" means a child who is at least six weeks old but less than 16 months old.

(2) "Toddler" means a child at least 16 months old but less than 33 months old.

(3) "Preschooler" means a child who is at least 33 months old but who has not yet attended the first day of kindergarten.

(4) "School age child" means a child who has at least attended the first day of kindergarten but is less than 13 years old.

(c) Applicant. "Applicant" means a person, corporation, partnership or voluntary association, applying to provide reservation child care.

(d) Band building code. "Band building code" means those codes and regulations adopted by the Tribe.

(e) Building official. "Building official" means a person appointed by the Band to administer the building codes. The term includes the appointee's authorized representative.

(f) Center. "Center" means a facility in which a child care program is operated.

(g) Child. "Child" means a person 12 years old or younger.

(h) Child care program. "Child care program" means the systematic organization or arrangement of activities, personnel, materials, and equipment in a facility to promote the physical, intellectual, social, and emotional development of a child in the absence of the parent for a period of less than 24 hours a day.

(i) Child care program plan. "Child care program plan" means the written document that states the specific activities that will be provided by the license holder to promote the physical, intellectual, social, and emotional development of the children enrolled in the center.

(j) Clean. "Clean" means free from dirt.

(k) Supervision. "Supervision" occurs when a program staff person is within sight and hearing of a child at all times so that the program staff person can intervene to protect the health and safety of the child.

(l) Variance. "Variance" means time limited written permission by the Tribe for an applicant or license holder to depart from the provisions of this subchapter if equivalent alternative measures are taken to ensure the health, safety, and rights of the children in care.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 1.


§ 1402. Applicability

This subchapter governs the licensure of the applicants for and license holders operating a child care program in a center.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 2.


§ 1403. Information on organizations

If the applicant is an authorized representative of a partnership, corporation, voluntary association, or other organization legally responsible for the operation of the child care program, the applicant must make available and maintain the names and addresses of the owners and board members, the articles of incorporation, and an organizational chart in the center administrative record.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 3.02.


Part B

Qualifications and Training of Applicant and Staff

Section
1441. Definitions.
1442. Applicant background study.
1443. General staff qualifications.
1444. Disqualification factors.
1445. Directors; general requirements.
1446. Teacher qualifications.
1447. Assistant teacher qualifications.
1448. Aide qualifications.
1449. Orientation training.
1450. First aid training.
1451. Cardiopulmonary resuscitation (CPR) training.
1452. In-service training.

Cross References

Child care, staff requirements, see 8 MLBSA § 1201 et seq.
Personnel records, see 8 MLBSA § 1672.


§ 1441. Definitions

(a) "Accredited course" means a course that is offered for credit by or through an accredited post-secondary institution.

(b) "Education" means accredited course work from an accredited post-secondary institution in child development; children with special needs; early childhood education methods of theory; curriculum planning; child study techniques; family studies; child psychology; parent involvement; behavior guidance; child nutrition; child health and safety; early childhood special education methods of theory; child abuse and neglect prevention; recreational sports, arts, and crafts methods of theory; or coordination of community and school activities.

(c) "Experience" means paid or unpaid employment serving children as a teacher, assistant teacher, or aide, in a licensed child care center, or work as a student intern in a licensed center, a school operated by the commissioner of education or by a legally constituted local school board, or a private school.

(d) "Staff supervision" means responsibility to hire, train, assign duties, and direct staff in day to day activities and evaluate staff performance. A "supervisor" is a person with staff supervision responsibility.

(e) "Student intern" means a student of a post-secondary institution assigned by that institution for a supervised experience with children. The experience must be in a licensed center, and elementary school operated by the commissioner of education or a legally constituted local school board, or a private school approved under rules administered by the commissioner of education. The term includes a person who has practiced teaching, student teaching, or carrying out a practicum or internship.

 

Historical and Statutory Notes

Source: Band Statute 9305-MLC-46 § 4.01.


§ 1442. Applicant background study

An applicant background study of the applicant and all staff persons who will have direct contact with or access to persons served by the child care program.

 

Historical and Statutory Notes

Source: Band Statute 9305-MLC-46, § 3.01.


§ 1443. General staff qualifications

Staff persons who have direct contact with or access to children, and volunteers who have direct contact with or access to children and are not under the direct supervision of a staff person, must meet the qualifications in this section:

(a) Persons who supervise staff persons or volunteers must be at least 18 years old.

(b) Staff persons must be physically able to care for children and must not present a risk of transmission of reportable communicable disease.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 4.02.

Cross References

Child care staff, competence and health, see 8 MLBSA § 1206


§ 1444. Disqualification factors

A staff person with direct contact with or access to children in care must disclose the arrest, conviction, and applicant background information if that staff person:

(a) has a conviction of, has admitted to, has been charged and is awaiting trial, for or there is substantial evidence indicating that the person has committed an act of physical abuse or sexual abuse;

(b) has a conviction of, has admitted to, has an adjudication of delinquency for, has been charged and is awaiting trial for, or a preponderance of the evidence indicates the person has committed:

(1) neglect;

(2) a felony;

(3) the same or similar crimes as those in this subsection listed in the laws of another state or of the United States or of another country;

(c) has mental illness as defined in Minnesota Statutes, section 245.462, subdivision 20, and the behavior has or may have a negative effect on the ability of the person to provide child care or is apparent during the hours children are in care; or

(d) abuses prescription drugs or uses controlled substances, as named in Minnesota Statutes, chapter 152, or alcohol to the extent that the use or abuse impairs or may impair the person's ability to provide child care or is apparent during the hours children are in care.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46. § 4.03.


§ 1445. Directors; general requirements

A director must:

(a) be at least 18 years old;

(b) be a graduate of a high school or hold an equivalent diploma attained through successful completion of the general education development (GED) test;

(c) have at least 1,040 hours of paid or unpaid staff supervision experience; and

(d) have at least nine quarter credits or 90 hours earned in any combination of accredited courses in staff supervision, human relations, and child development.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 5.


§ 1446. Teacher qualifications

(a) A teacher must be at least 18 years old and meet the qualifications in subsection (b) with the following exceptions: A registered nurse or licensed practical nurse is qualified as a teacher.

(b) A teacher with the credential listed in Column A must have the education and experience listed in Column B.

Column A Column B
A high School or General Education Development (GED) diploma Experience: 4,160 hours as an assistant teacher
Education: 24 quarter credits
Diploma from Association Montessori Internationale; pre-primary credential, primary diploma, or provisional certificate from the American Montessori Society, without a baccalaureate degree Child Care Specialist

Experience: 2080 hours as assistant teacher, aide, or student intern

Education: 12 quarter credits

Preprimary credential, primary diploma, or provisional certificate from the American Montessori Society; or diploma from the Assoc. Montessori International with a baccalaureate degree

Experience: 1,040 hours as assistant teacher, aide, or student intern

Education: no additional required

Diploma from an accredited business college as a Child Care Specialist

Experience: 2,080 hours as an assistant teacher, aide, or student intern
Education: no additional required

Minnesota technical institute certificate as a Child Development Assistant Experience: 2,080 hours as an assistant teacher
Education: Six quarter credits
Child Development Associate credential (center based or family day care) for preschool or for infants and toddlers from the Council for Early Childhood Professional Recognition Experience: 1,560 hours as assistant teacher, aide, or student intern
Education: no additional required
License from the Minnesota Department of Education for Prekindergarten Associate; or a certificate or credential for a two year program from an accredited community college or technical college in child development or early childhood education

Experience: 1,040 hours as assistant teacher, aide, or student intern

Education: six quarter credits

Baccalaureate degree from an accredited college or university in any field Experience: 1,040 hours as assistant teacher, aide, or student intern
Education: 18 quarter credits
License from the Minnesota Department of Education for elementary education without kindergarten endorsement Experience: 52 hours as assistant teacher, aide, or student intern if teaching children under school age
Education: six quarter credits within one year of initial employment if teaching children under school age
License from the Minnesota Department of Education for prekindergarten/nursery, or a license from the Minnesota Department of Education for elementary education with a kindergarten endorsement

Experience: no additional required

Education: no additional required

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 6.


§ 1447. Assistant teacher qualifications

An assistant teacher must be at least 16 years old.

Column A Column B
High school diploma or General Education Development (GED) equivalency Experience: 2,080 hours as an aide or student intern
Education: 12
Minnesota license as family day care or group family day care provider Experience: 2,080 hours as a licensed family day care or group family day care provider
Education: 12 quarter credits
Minnesota technical institute certificate as a Child Development Assistant Experience: 520 hours as an aide or student intern
Education: no additional required

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 7.


§ 1448. Aide qualifications

An aide must be at least 16 years old.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 8.


§ 1449. Orientation training

The license holder must ensure that every staff person, and volunteers who will have direct contact with or access to children and are not under the direct supervision of a staff person, are given orientation training and successfully complete the training before starting assigned duties. Completion of the orientation must be documented in the individual's personnel record. The orientation training must include information about:

(a) the center's philosophy, child care program, and procedures for maintaining health and safety, and handling emergencies and accidents;

(b) specific job responsibilities.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46. § 9.01.


§ 1450. First aid training

(a) All teachers and assistant teachers and at least one staff person present in a vehicle transporting children in care must satisfactorily complete, within 90 days of the start of work, eight hours of first aid training unless this has been satisfactorily completed within the previous three years. The first aid training must be:

(1) repeated at least every three years;

(2) documented in the person's personnel record and indicated on the center's staffing chart; and

(3) provided by a licensed physician, a registered nurse or a licensed practical nurse trained to provide instruction in first aid, or an individual currently certified by the American Red Cross as a first aide instructor.

(b) On the date of initial licensure, at least one staff person with first aid training must be present in the center when children are in care and at least one person with first aid training must accompany children on field trips.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 9.02.


§ 1451. Cardiopulmonary resuscitation (CPR) training

(a) At least one staff person trained in CPR and in the treatment of obstructed airways must be present in the center at all times when children are in care and at least one person with CPR training must accompany children on field trips.

(b) The individual must have completed four to six hours of CPR training which covers the use of CPR techniques with children within one year before initial employment at the center.

(c) CPR training must be provided or approved by American Red Cross, American Heart Association, a licensed physician, a registered nurse, or a licensed practical nurse trained to provide CPR instruction.

(d) Documentation of the completed CPR training must be in staff person's personnel record, and the staff person with training must be named on the center's staffing chart.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 9.03.


§ 1452. In-service training

A license holder must ensure that an annual in-service training plan is developed and carried out and that it meets the requirements in the following items:

(a) The in-service training plan must:

(1) be consistent with the center's child care program plan;

(2) meet the training needs of individual staff persons as specified in each staff person's annual evaluation report.

(b) The director and all program staff persons must annually complete a number of hours of in-service training equal to at least two percent of the hours for which the director program staff person is annually paid.

(c) The annual requirements must be completed within the year for which it was required.

(d) In-service training requirement must be met by participation in early childhood development training. In this section, "early childhood development training" means training in child development; children with special needs; early childhood education methods of theory; curriculum planning; child study techniques; family studies; parent involvement; behavior guidance; child nutrition; child health and safety; recreation, sports, arts, and crafts, methods of theory, early childhood special education methods of theory; or child abuse and neglect prevention.

(e) First aid and CPR training may be counted as in-service training.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 9.04.

 

Part C

Facilities and Equipment

Section
1471. Indoor space.
1472. Room temperature.
1473. Screens.
1474. Equipment.

Cross References

Child care facility, see 8 MLBSA § 971 et seq.


§ 1471. Indoor space

The licensed capacity of the center must be limited by the amount of indoor space. A minimum of 35 square feet of indoor space must be available for each child in attendance.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.06.

Cross References

Child care, minimum usable floorspace, see 8 MLBSA § 974.


§ 1472. Room temperature

A minimum temperature of 68 degrees Fahrenheit must be maintained in indoor areas used by children.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.09.

Cross References

Child care facilities, heating system, see 8 MLBSA § 978.


§ 1473. Screens

Outside doors and windows used for ventilation must be screened to provide protection from insects.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.12.


§ 1474. Equipment

(a) Definitions. For the purpose of this section, the following terms have the meanings given them.

(1) "Cognitive development equipment and materials" means equipment and materials designed to enhance components of intellectual development, such as problem solving abilities, observation skills, group skills, and symbol recognition.

(2) "Dramatic play equipment" or "practical life activity equipment" means equipment, such as dress up clothes, large or miniature play sets, figures, and small and large building blocks that can be used to design a setting or space that stimulates the child's imagination and encourages role playing and the learning of practical life skills.

(3) "Large muscle equipment" means equipment that is designed to enhance large muscle development and coordination, such as playground equipment, large boxes and pillows, large wheel toys, pull toys, balls, jump ropes, climbers, and rocking boats.

(4) "Manipulative equipment" means equipment that is designed to enhance fine motor development and coordination, such as pegs and peg boards, puzzles, beads and strings, interlocking plastic forms, and carpentry materials.

(5) "Sensory stimulation materials" means equipment, other than pictures, that has different shapes, colors, and textures that stimulate the child's visual and tactile senses. Examples of sensory stimulation materials include mobiles, crib attached activity boxes, sand and water activity materials, swatches of different textures of cloth, and wooden or plastic items of different shapes and colors.

(b) General requirements. Each child care program must have the quantity and type of equipment for the age categories of children served. Equipment must be appropriate to the age categories and any special needs of the children served. A center must have enough equipment for the number of children for which the center is licensed unless the use of equipment is rotated among groups of children.

(c) Equipment and materials for infants. The minimum equipment and materials required for a center serving infants are as follows: Furnishings:

(1) one area rug or carpet per group;

(2) a variety of non-folding child size chairs including infant seats and high chairs; one per child, or a minimum of four per group;

(3) one changing table for every group of 12 infants and succeeding group of 12 or fewer infants;

(4) one foot operated, covered diaper container per changing table;

(5) one crib or portable crib waterproof mattress per child; and

(6) one linear foot of low, open shelving per child.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 12.

 

Part D

Health and Safety

Section
1501. Health policies.
1502. Emergency and accident policies and records.
1503. Emergency and accident procedures.
1504. Health consultation.
1505. First aid kit.
1506. Emergency equipment.
1507. Telephone; posted numbers.
1508. Fire extinguisher inspection.
1509. Hazardous areas, conditions and objects.
1510. Cleanliness and sanitation.
1511. Administration of medicine, diapering products, sunscreen lotions and insect repellents.
1512. Exclusion of sick children.
1513. Non-smoking.

Cross References

Health, child care, see 8 MLBSA § 1041 et seq.
Safety, child care, see 8 MLBSA § 1101 et seq.


§ 1501. Health policies

The provider must develop written health policies approved by the Band and must ensure that they are carried out.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 20.01.


§ 1502. Emergency and accident policies and records

(a) The applicant must develop written policies governing emergencies, accidents, and injuries. The license holder must ensure that written records are kept about incidents, emergencies, accidents, and injuries that have occurred.

(b) The policies must contain:

(1) Procedures for administering first aid.

(2) Safety rules to follow in avoiding injuries, burns, poisoning, choking, suffocation, and traffic, and pedestrian accidents.

(3) Procedures for the daily inspection of potential hazards.

(4) Procedures for fire prevention and procedures to follow in the event of a fire. Fire procedures must:

(A) mandate monthly fire drills and a log of drill times and dates;

(B) identify primary and secondary exits, building evacuation routes, the phone number of the fire department, person responsible for the evacuation of children, and areas for which they are responsible;

(C) contain instruction on how to use a fire extinguisher and how to close off the fire area; and

(D) provide for the training of staff persons to carry out the fire procedures.

(5) Procedures to follow in the event of a blizzard, tornado, or other natural disaster that include the location of emergency shelter, procedures for monthly tornado drills from April to September, and a log of times and dates showing that the drills were held.

(6) Procedures to follow when a child is missing.

(7) Procedures to follow if an unauthorized person or a person who is incapacitated or suspected of abuse attempts to pick up a child or if no one comes to pick up a child.

(8) Sources of emergency medical care.

(9) Procedures for recording accidents, injuries, and incidents involving a child enrolled in the center, a staff person, or a visitor. The written record must contain:

(A) the names and age of the persons involved;

(B) date and place of the accident, injury or incident;

(C) type of injury;

(D) action taken by staff; and

(E) to whom the accident, injury or incident was reported.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 16.


§ 1503. Emergency and accident procedures

The license holder must ensure that written procedures for emergencies and accidents are posted in a visible place. The procedures must:

(a) identify persons responsible for each area;

(b) identify primary and secondary exits;

(c) identify a tornado shelter area;

(d) identify building evacuation routes;

(e) describe how to use a fire extinguisher and close off the fire area; and

(f) list the phone numbers and sources of emergency medical and dental care, poison control center, fire department, health authority.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 20.16.


§ 1504. Health consultation

(a) The Center must have a health consultant who must review the center's health policies and practices and certify that they are adequate to protect the health of children in care.

(b) The consultant must review:

(1) The first aid and safety policies and procedures required by 8 MLBSA § 1502(b)(l) to (3).

(2) The diapering procedures and practices specified.

(3) The sanitation procedures and practices for food prepared.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 20.02.


§ 1505. First aid kit

The license holder must ensure that a first aid kit is available within the center. The kit must contain sterile bandages and band-aids, sterile compresses, ipecac syrup, scissors, an ice bag or cold pack, an oral or surface thermometer and adhesive tape. A current first aid manual must be included. The first aid kit and manual must be accessible to the staff in the center and taken on field trips. The ipecac syrup must be labeled with instructions to call and number for the local poison center. The provider must ensure that ipecac syrup is administered according to the instructions of the poison control center.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 20.11.

 

Cross References

Child care, health, first-aid kit see 8 MLBSA § 1048.
Emergency items, child care facilities, see 8 MLBSA § 977.


§ 1506. Emergency equipment

The center must have a battery operated flashlight and battery operated portable radio.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 20.13.

 

Cross References

Emergency items, child care facilities, see 8 MLBSA § 977.


§ 1507. Telephone; posted numbers

A telephone that is not coin-operated must be located within the center. A list of emergency numbers must be posted next to the telephone. The 911 emergency number, when available, must be posted. If 911 emergency number is not available, the numbers listed must be those of the local fire department, police department, emergency transportation, and poison control center.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.05.

 

Cross References

Emergency telephone numbers, child care safety, see 8 MLBSA § 1105.
Telephone, child care safety, see 8 MLBSA § 1104.


§ 1508. Fire extinguisher inspection

Fire extinguishers must be serviced annually by a qualified inspector. The name of the inspector and date of the inspection must be written on a tag attached to the extinguisher.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.11.

Cross References

Child care safety, fire extinguishers, see 8 MLBSA § 1102.


§ 1509. Hazardous areas, conditions and objects

(a) Hazardous areas. Kitchens, stairs, and other hazardous areas must be inaccessible to children except during periods of supervised use.

(b) Maintenance of areas used by children. The areas used by children must be free from debris, loose flaking, peeling, or chipped paint, loose wallpaper, or crumbling plaster, litter, and holes in the walls, floors, and ceilings. Rugs must have a non-skid backing or be firmly fastened to the floor and be free from tears, curled or frayed edges, and hazardous wrinkles.

(c) Shielding of hot surfaces. Radiators, fireplaces, hot pipes, and other hot surfaces in areas used by children must be shielded or insulated to prevent burns.

(d) Electrical outlets. Except in a center that serves only school age children, electrical outlets must be tamper proof or shielded when not in use.

(e) Condition of equipment, furniture and toys. (1) Equipment and furniture must be durable, in good repair, structurally sound and stable following assembly and installation. Equipment must be free of sharp edges, dangerous protrusions, points where a child's extremities could be pinched or crushed, and openings or angles that could trap part of child's body. Tables, chairs, and other furniture must be appropriate to the age and size of children who use them. Toys and equipment that are likely to be mouthed by infants and toddlers must be made of a material that can be disinfected. These must be cleaned and disinfected when mouthed or soiled and at least daily.

(2) Infant rattles must meet the United States consumer product safety standards contained in the Code of Federal Regulations, title 16, sections 1510.1 to 1510.4, as adopted on May 23, 1978. All toys and other articles intended for use by children under three years of age that present choking, aspiration, or ingestion hazards because of small parts must meet the size standards in Code of Federal Regulations, title 16, sections 1501.1 to 1501.5, as adopted on June 15, 1979.

(f) Hazardous objects. Sharp objects, medicines, plastic bags, and poisonous plants and chemicals, including household supplies, must be stored out of reach of children.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 20.12, 20.14, 20.15, 21.07, 21.08, 21.10.

 

Cross References

Electrical outlets, child care safety, see 8 MLBSA § 1103.
Floors, child care facilities, see 8 MLBSA § 981.
Furniture, equipment and toys, child care safety, see 8 MLBSA § 1109.
Good repair, child care facilities, see 8 MLBSA § 982.
Hot surfaces, child care safety, see 8 MLBSA § 1106.
Storage of medications and poisonous items, child care facilities, see 8 MLBSA § 979.


§ 1510. Cleanliness and sanitation

(a) Cleanliness. The indoor and outdoor space and equipment of the center must be clean.

(b) Toilets and hand sinks. Toilets and hand sinks must be provided.

(1) The center must have at least one hand sink and one toilet for each 15 children in the building accessible.

(2) Hand sinks for children must not be used for custodial work or food preparation.

(3) Single service towels or air dryers must be available to dry hands and designed for easy use by the children.

(c) Toilet facilities. The toilet rooms of the center must be cleaned daily. Toilet training chairs must be emptied, washed with soap and water, and disinfected after each use. Toilets and seats must be washed with soap and water and disinfected when soiled or at least daily.

(d) Hand washing: staff person. A staff person must wash his/her hands with soap and water after changing a child's diaper, after using toilet facilities, and before handling food or eating.

(e) Hand washing: child. A child's hands must be washed with soap and water after a diaper change, after use of a toilet or toilet training chair, and before eating a meal or snack. Staff must monitor hand washing and assist a child who needs help. The use of a common basin or a hand sink filled with standing water is Prohibited.

(f) Toilet articles. The license holder shall provide the following supplies and make them accessible to children: toilet paper, liquid hand soap, facial tissues, and single use paper towels or warm air hand dryers.

(g) Diaper changing area. A diaper must be changed only in the diaper changing area. The diaper changing area must be separate from areas used for food storage, food preparation, and eating. The area must have a hand sink equipped with hot and cold running water within three feet of the diaper changing surface a smooth nonabsorbent diaper changing surface and floor covering, and a container operated by a foot pedal for soiled and wet diapers.

(h) Diaper changing procedures. The center must have and follow diaper changing procedures that have been developed in consultation with a health consultant. The license holder must post the diaper changing procedures in the diaper changing area.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 20.04 to 20.10, 21.13.

 

Cross References

Clean floors, child care facilities, see 8 MLBSA § 981.
Cleanliness and good repair, child care facilities, see 8 MLBSA § 982.
Toilets and washbowls, child care facilities, see 8 MLBSA § 976.

 


§ 1511. Administration of medicine, diapering products, sunscreen lotions and insect repellents

(a) The license holder must get written permission from the child's parent before administering medicine, diapering products, sunscreen lotions, and insect repellents. Non-prescription medicines, diapering products, sun screen lotions, and insect repellents must be administered according to the manufacturer's instructions for their use provided by a license physician or dentist.

(b) The license holder must get and follow written instructions from a licensed physician or dentist before administering each prescription medicine. Medicine with child's name and current prescription information on the label constitutes instructions.

(c) All medicine must be kept in its original container and have legible label stating the child's name.

(d) The medicine must be given only to the child whose name is on the label. The medicine must not be given after an expiration date on the label, and any unused portion must be returned to the child's parent or destroyed. The license holder must ensure that the administration of medicine is recorded and given the name of the child, name of the medication or prescription number, date, time, dosage, and the name and signature of the person who dispensed the medicine. The record must be available to the parent and maintained in the child's record.

(e) Sunscreen lotions and insect repellents supplied by the license holder may be used on more than one child. A product to control or prevent diaper rash, including premoistened commercial wipes that cannot be dispensed in a manner that prevents cross contamination of the product and container as determined by the health consultant, must be labeled with the child's name and used only for the individual whose name is written on the label.

(f) Medicines, insect repellents, sunscreen lotions, and diaper rash control products must be stored according to directions on the original container and so that they are inaccessible to children.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 20.02.

 

Cross References

Medication, child care, health, see 8 MLBSA § 1047.
Storage of medications and poisonous items, child care facilities, see 8 MLBSA § 979.


§ 1512. Exclusion of sick children

A child with any of the following conditions or behaviors is a sick child and must be excluded from a center not licensed to operate a sick child program. If the child becomes sick while at the center, the child must be isolated from other children in care and the parent called immediately. A sick child must be supervised at all times. The license holder must exclude a child:

(a) with a reportable illness or condition that the Commissioner of Health and Human Services determines to be contagious and a physician determines has not had sufficient treatment to reduce the health risk to others;

(b) with chicken pox until the child is no longer infectious or until the lesions are crusted over;

(c) who has vomited two or more times since admission that day;

(d) who has had three or more abnormally loose stools since admission that day;

(e) who has contagious conjunctivitis or pus draining from the eye;

(f) who has a bacterial infection such as streptococcal pharyngitis or impetigo and has not completed 24 hours of antimicrobial therapy;

(g) who has unexplained lethargy;

(h) who has lice, ringworm, or scabies that is untreated and contagious to others;

(i) who has a 100 degree Fahrenheit axially or higher temperature of undiagnosed origin before fever reducing medication is given;

(j) who has an undiagnosed rash or a rash attributable to a contagious illness or condition;

(k) who has significant respiratory distress;

(l) who is not able to participate in child care program activities with reasonable comfort; or

(m) who requires more care than the program staff can provide without compromising the health and safety of other children in care.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 13.

Cross References

Children who become ill, see 8 MLBSA § 1046.
Children with communicable diseases, see 8 MLBSA § 1045.
Space designated for use by ill child, see 8 MLBSA § 980.


§ 1513. Nonsmoking

A center must comply with the Mille Lacs Band's clean air standards as prescribed by law.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46. § 20.03.

 

Part E

Food

Section
1541. Availability of meals and snacks.
1542. Staff to sit with children at meals or snacks.
1543. Menus.
1544. Infant diets.
1545. Sanitation.


§ 1541. Availability of meals and snacks

(a) The provider must see that meals and supplemental snacks are available. Bag lunches provided by the parent are acceptable.

(b) There must be a snack for a child in attendance for more than two hours, but fewer than five hours.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46 §§ 21.01, 21.03.

 

Cross References

Provision of meals and snacks, see 8 MLBSA § 1072.


§ 1542. Staff to sit with children at meals or snacks

There must be program staff who are seated with the children during meal and snack times.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.03.

 

Cross References

Meals and snacks to be served family style, see 8 MLBSA § 1076.


§ 1543. Menus

When food is provided by the license holder, menus must be planned on a monthly basis and posted in a conspicuous place where they can be reviewed by parents. A sample menu must be provided to parents at the time of admission. Menus must comply with the nutritional requirements of the United States Department of Agriculture, Food and Nutrition Service, Code of Federal Regulations, Title 7, section 226.20.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.02.

 

Cross References

Admissions, see 8 MLBSA § 1141 et seq.


§ 1544. Infant diets

The diet of an infant must be determined by the infant's parent. The provider must ensure that sanitary procedures and practices are used to prepare, handle, and store formula, milk, breast milk, solid foods, and supplements. Procedures must be reviewed and certified by a health consultant. A center serving infants must:

(a) obtain written dietary instructions from the parent of the child;

(b) have the infant's feeding schedule available in the food preparation area;

(c) offer the child formula or milk and nutritionally adequate solid foods in prescribed quantities at specified time intervals; and

(d) label each child's bottle.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.04.

Cross References

Infant diets, see 8 MLBSA § 1074.


§ 1545. Sanitation

Procedures for preparing, handling, and serving food, and washing food, utensils, and equipment must comply with the requirements for food and beverage establishments. If the food is prepared off-site by another facility or if food service is provided according to a contract with a food service provider, the facility or license holder must ensure that food is prepared in compliance with local health codes. The provider must provide refrigeration for dairy products and other perishable foods, whether supplied by the licensed holder or supplied by the parent. The refrigeration must have a temperature of 40 degrees Fahrenheit or less. Tables and highchair trays used for meals must be washed with soap and water before and after each use.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.03.

 

Cross References

Sanitary food-handling, see 8 MLBSA § 1073.

 

Part F

Program

Section
1571. Child care program plan.
1572. Participation in field trips.
1573. Behavior guidance.

 

Cross References

Program, see 8 MLBSA § 1001 et seq.


§ 1571. Child care program plan

The applicant must develop a written child care program plan. The child care program plan must:

(a) mandate that children have supervision at all times;

(b) describe the days and hours of operation of the program;

(c) describe the general educational methods to be used by the program and the religious, political, or philosophical basis, if any;

(d) specify activities designed to promote the intellectual, social, and emotional development of a child in a manner consistent with the child's cultural background;

(e) provide for activities that are both quiet and active, teacher directed and child initiated;

(f) provide for a variety of activities that require the use of varied equipment and materials; and

(g) be available to parents for review on request.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 10.01.

 

Cross References

Center administration records, see 8 MLBSA § 1671.


§ 1572. Participation in field trips

The provider must ensure that written permission is obtained from each child's parent before taking a child on a field trip. A written permission form must be obtained before each field trip. The parent's written permission must state that the parent has been informed of the purpose and destination of the field trip.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 15.

 

Cross References

Permission to participate in activities away from the physical facility, see 8 MLBSA § 1144.


§ 1573. Behavior guidance

(a) General requirements. The applicant must develop written behavior guidance policies and procedures. These policies and procedures must:

(1) ensure that each child is provided with a positive model of acceptable behavior;

(2) be tailored to the developmental level of the children the center is licensed to serve;

(3) redirect children and groups away from problems toward constructive activity in order to reduce conflict;

(4) teach children how to use acceptable alternatives to problem behavior in order to reduce conflict;

(5) protect the safety of children and staff persons; and

(6) provide immediate and directly related consequences for a child's unacceptable behavior.

(b) Separation from the group. No child may be separated from the group unless the provider has tried less intrusive methods of guiding the child's behavior which have been ineffective and the child's behavior threatens the well being of the child or other children in the center. A child who requires separation from the group must remain within an unenclosed part of the classroom where the child can be continuously seen and heard by a program staff person. When separation from the group is used as a behavior guidance technique, the child's return to the group must be contingent on the child's stopping or bringing under control the behavior that precipitated the separation, and the child must be returned to the group as soon as the behavior that precipitated the separation abates or stops. A child between the ages of six weeks and 16 months must not be separated from the group as a means of behavior guidance.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 11.

 

Cross References

Punishment, see 8 MLBSA § 1004.

 

Part G

Access

Section
1601. Parent visitation.
1602. Access by Band.


§ 1601. Parent visitation

Parents may visit the center any time during the hours of operation.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 14.


§ 1602. Access by Band

The Band must be given access to the center, including grounds, documents, persons served by the child care programs, and staff persons.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 21.14.

 

Cross References

Access to facility for evaluation, see 8 MLBSA § 949.

 

Part H

Transportation

Section
1641. Transportation policies.


§ 1641. Transportation policies

A license holder who provides transportation for children or contracts to provide transportation must comply with the following transportation policies:

(a) The vehicle must be licensed according to Statutes and comply with the equipment standards.

(b) The vehicle must be driven by a person who holds a current Minnesota driver's license appropriate to the vehicle driven.

(c) Staff ratios must be maintained on all transportation provided on all field trips.

(d) When children are driven in a private car or van, a second adult must be present when more than four children under the age of five are being transported.

(e) When the license holder provides transportation to and from the center, a second adult must be present in the vehicle and children must not be transported more than one hour per one-way trip.

(f) When children are transported, they must be restrained in accordance with Minnesota Statutes, Section 169.686, and a child under the age of four may be transported only if the child is properly fastened in a child passenger restraint system that meets the federal motor vehicle safety standards contained in Code of Federal Regulations, title 49, section 571 .2 13.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 22.

 

Cross References

Motor vehicle registration, see 19 MLBSA § 101 et seq.

 

Part I

Records

Section
1671. Center administration records.
1672. Personnel records.
1673. Children's records.

Cross References

Child care in residences, records and reports, see 8 MLBSA § 1801 [Digitizer's note: Section not in digital copy] et seq.
Program operation, records, see 8 MLBSA § 1242.


§ 1671. Center administration records

The records required by this section must be maintained within the center and be available for inspection at the request of the commissioner. The license holder must ensure that the following are maintained:

(a) the personnel records

(b) the children's records

(c) the child care program plan

(d) the accident, injury, emergency, and incident records.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46. § 17.

Cross References

Child care program plan, see 8 MLBSA § 1571.


§ 1672. Personnel records

(a) The provider must ensure that a personnel record for each staff person is maintained at the center. The personnel record for each staff person must contain:

(1) the staff person's name, home address, home telephone number, and date of birth;

(2) the telephone number of a person to be notified in an emergency;

(3) the staff person's job description;

(4) documentation that the staff person has completed the applicant background study;

(5) the staff person's application, resume, and documentation indicating that the staff person meets the requirements of the staff person's job description and the education requirements;

(6) documentation that the staff person has completed the orientation to the center;

(7) documentation, when applicable, that the staff person has completed the first aid and CPR training;

(8) documentation of completion of the in-service training, showing the training topic, source of training, number of hours completed.

(9) documentation of procedures for and completion of annual evaluation of the staff person's work and specification of in-service training needs; and

(10) documentation of any disciplinary action including termination.

(b) The provider shall not disclose a staff person's personnel record to any person other than the staff person, the staff person's legal representative, the staff person's supervisor, or employees of the provider designated by the Provider to maintain personnel records, and the commissioner, unless the staff person has given written consent or as otherwise required by law.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 18.

Cross References

Qualifications and training of staff, see 8 MLBSA § 1441 et seq.


§ 1673. Children's records

(a) At the time of enrollment in the center, the provider must ensure that a record is maintained on each child. The record must contain:

(1) the child's full name, birthdate, and current home address;

(2) the name, address, and telephone number of the child's parent;

(3) instructions on how the parent can be reached when the child is attending the center;

(4) the names and telephone numbers of any persons authorized to take the child from the center;

(5) the names and telephone numbers of the child's source of regular medical and dental care and the source of medical and dental care to be used in case of an emergency;

(6) written authorization, if granted, for the license holder to administer ipecac syrup according to Poison Control.

(b) The provider shall not disclose a child's record to any person other than the child, the child's parent or guardian, the child's legal representative, employees of the license holder, and the commissioner unless the child's parent or guardian has given written consent or as otherwise required by law.

Historical and Statutory Notes

Source: Band Statute 9503-MLC-46, § 19.

 

CHAPTER 12

CHILD SUPPORT

Subchapter
Section
I. General Provisions
2001
II. Enforcement
2051

 

SUBCHAPTER I

GENERAL PROVISIONS

Section
2001. Purpose.
2002. Sovereign immunity.
2003. Definitions.
2004. Confidentiality.
2005. Scope of proceedings.
2006. Guidelines.
2007. Joint custody-Custody divided by time periods between two parents.
2008. Joint custody-Children divided between two parents.
2009. Stoppage of payments.
2010. Scheduling of cases.
2011. Forms.
2012. Court fees.
2013. Notice.
2014. Income verification.
2015. Court hearing.
2016. Information to verify income or financial circumstances.
2017. Lifestyle or morals of obligee.
2018. Orders.
2019. Modification of order.

Historical and Statutory Notes

The Preamble of Ordinance 26-94 provides: " Be it enacted by the Band Assembly of the Mille Lacs Band of Chippewa Indians for the purpose of establishing Child Support and Enforcement for adequate support and nurturing of the children under the jurisdiction of the Band."

Cross References

Removal of child from proposed adoptive home, support orders, see 8 MLBSA § 617.


§ 2001. Purpose

(a) The Band Assembly hereby finds and determines that the purpose of this chapter is to provide for the adequate support and nurturing of the children under the jurisdiction of the Band. The health and well-being of the Band depends on the continued health and well-being of our children. The healthy growth, development and well-being of the children requires proper care and support be given them in their homes. To this end this chapter is enacted.

(b) All provisions in this chapter are to be interpreted with the best interests of the child in mind.

Historical and Statutory Notes

Source: Ordinance 26-94, ch. 29, T. I, § 1.


§ 2002. Sovereign immunity

Nothing contained in this chapter shall be construed as a waiver of sovereign immunity of the Non-Removable Mille Lacs Band of Chippewa Indians unless specifically authorized in accordance with Band law or by specific Band Statute.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. II, § 9.


§ 2003. Definitions

(a) Adjusted income.

(1) The amount of income used as a base for figuring child support. In figuring adjusted income, the Court shall start by determining the gross income of the parent owing child support, including income from earnings and investments. The following expenses are then deducted to determine the adjusted income:

(A) Federal income taxes using a standard tax table amount.

(B) State income tax, if any.

(C) Social security deductions.

(D) Pension deductions not exceeding ten percent of gross wages.

(E) Union dues.

(F) Cost of health insurance coverage for obligor and dependents.

(G) A child support or maintenance order currently being paid.

(H) Compensation for overtime, if it is worked only occasionally.

(2) Income of the spouse of the person owing child support will not be counted when determining the amount of child support owed. The voluntary giving of gifts or purchasing of food, clothing and the like shall not reduce the amount of child support owed.

(3) Persons who voluntarily quit their jobs, or voluntarily reduce their work hours shall not be able to reduce their child support obligations. The Court shall presume that their income is what it would have been if they had not voluntarily quit or reduced their work.

(b) Children.

(1) "Children" for purposes of determining payment amount means the minor offspring or adopted children of the person obligated to pay, or who otherwise becomes emancipated.

(2) It is assumed that support will stop when the child is eighteen years old unless one of the following applies:

(A) the child is disabled, or

(B) the child is between eighteen and twenty-one and is enrolled in school on a full time basis.

(3) If subparagraph (A) or (B) of paragraph (2) applies, and if the Court finds that it would be in the best interests of the child to continue support, the Court may order that support continue until the child is twenty-one, so long as the child is disabled or enrolled in school on a full time basis.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 4.04.


§ 2004. Confidentiality

(a) All child support proceedings in court are confidential.

(b) Court hearings in the matter of child support will be closed to outside observers. Only the parties directly involved and necessary witnesses shall be present.

(c) Proceedings should not be discussed with the children involved or other children in the household. Parents are to refrain from using their child or children as tools against each other.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 2.

Cross References

Disclosure by judge of information relating to pending case, see 5 MLBSA § 117.


§ 2005. Scope of proceedings

In making determinations of child support, enforcement of child support, or modifying support orders, the court shall not change or modify the custody or guardianship of any child. A separate proceeding must be initiated to change or modify custody or guardianship.

Historical and Statutory Notes

Source: Ordinance 26-94, ch. 29, T. I, § 3.


§ 2006. Guidelines

The Court shall follow the accompanying chart in awarding child support. Any deviation from the chart must be accompanied by an explanation in the written order which explains why the deviation is in the child's best interests. Specific dollar amounts, not income percentages, shall be included in the child support order.

Chart for Child Support Amounts

Adjusted Income
Per Month of
Person owing
support                             Number of Children and percent of adjusted income owed

  1 2 3 4 5 6 7 or more
$401-500 14 17 20 22 24 26 28
$501-550 15 18 21 24 26 28 30
$551-600 16 19 22 25 28 30 32
$601-650 17 21 24 27 29 32 34
$651-700 18 22 25 28 31 34 36
$701-750 19 23 27 30 33 36 38
$751-800 20 24 28 31 35 38 40
$801-850 21 25 29 33 36 40 42
$851-900 22 27 31 34 38 41 44
$901-950 23 28 32 36 40 43 46
$951-1000 24 29 34 38 41 45 48
over $1000 25 30 35 39 43 47 50

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 4.

 


§ 2007. Joint custody-Custody divided by time periods between two parents

The rebuttable presumption is that child support will not be reduced because custody of the child is joint. Support will be awarded to the parent who has the child the majority of the time, in the amount as set forth in the guidelines.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 4.01.


§ 2008. Joint custody-Children divided between two parents

The rebuttable presumption is that all children will be in the primary care of one of the parents. However if there is more than one child, and custody is joint between the parents with each parent having primary responsibility for at least one child, then the amount that each would owe is calculated separately. The two figures are then compared, and the lower figure is subtracted from the higher figure to determine the amount of support owed.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 4.03.


§ 2009. Stoppage of payments

On a case by case basis, the Court may order that child support payments be stopped or reduced, during the time that the child is on an extended visit of 30 days or more with the non-custodial parent, if the Court specifically finds that such stoppage or reduction in support will not adversely affect the child's best interests. A reduction or stoppage in support payments is not automatic or presumed, and the judge in determining whether to a allow a reduction for an extended visit should consider the extent of obligations and expenses of the custodial parent. (For example, housing costs are ongoing and do not diminish due to a temporary absence of the child.)

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 4.02.


§ 2010. Scheduling of cases

Because support payments are vital to the well being of the children, support proceedings shall be given priority in the scheduling of cases.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 5.01.


§ 2011. Forms

(a) The Court shall prepare simplified forms for the petitioning for child support.

(b) The Court shall prepare forms so that the parties may easily calculate the amount of child support.

(c) The Court shall prepare forms so that the party who owes child support may petition the Court for a modification, if he or she has a substantial change of circumstances such as, but not limited to, an involuntary layoff from work. Any such order modifying support shall be issued only upon a finding by the Court that there has been a substantial change of circumstances.

Historical and Statutory Notes

Source: Ordinance 26-94, ch. 29, T. I, §§ 5.02 to 5.04.


§ 2012. Court fees

Court fees are waived for the filing of child support petitions. However petitions for modification in orders for support shall pay the required court fees.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 5.02.


§ 2013. Notice

All parties to a child support action shall receive notice of the proceeding at least 10 days before the Court hearing.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 5.06.


§ 2014. Income verification

Included with the notice shall be forms requesting income verification. All parties must provide income verification to the Court, or notify the Court in writing of any reason that they think that the child support is not owed.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 5.07.


§ 2015. Court hearing

All persons subject to the jurisdiction of the Band who are being petitioned for child support are entitled to a hearing. The Judge shall consider all relevant evidence presented and within 48 hours, following the hearing issue a written order.

Historical and Statutory Notes

Source: Ordinance 26-94, ch. 29, T. I, § 6.


§ 2016. Information to verify income or financial circumstances

If necessary the Judge may order the parties to supply further information to verify the income or financial circumstances of the parties.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 6.91.


§ 2017. Lifestyle or morals of obligee

The lifestyle or morals of the other parent (obligee) shall not be a defense against paying child support.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, § 5.071.


§ 2018. Orders

(a) Every order for support shall include the obligor's social security number, and the name and address of the obligor's employer(s) or other payer of funds.

(b) Every order for child support shall provide for a conspicuous notice of the provisions of subchapter II (8 MLBSA § 2051 et seq.). An order without this notice remains subject to subchapter II.

(c) The child support order issued by the Court shall contain a prominent notice that in the event of an involuntary layoff from work the party is required to notify the Court when returning to work at the former place of employment or a new place of employment. Failure to notify the Court may result in a civil penalty not to exceed $500 plus the assessment of arrearages.

(d) Child support orders issued from the Court shall include a provision requiring health insurance for the children when coverage is available through the employer of the individual paying child support.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. I, §§ 5.05, 5.08, Title II, §§ 1, 2.05.


§ 2019. Modification of order

The obligor may move the Court under this chapter to modify the order respecting the amount of child support.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, Title II, § 2.04.

 

SUBCHAPTER II

ENFORCEMENT

Section
2051. Withholding.
2052. Conditions of income withholding.
2053. Withholding hearing.
2054. Effect of order.
2055. Priority.
2056. Employer expenses.
2057. Notice from obligor to employer.
2058. Notice to Court upon termination of employment.
2059. Order terminating income withholding.

Cross References

Orders for child support, notice of provisions of this subchapter see 8 MLBSA § 2018.


§ 2051. Withholding

Whenever an obligation for support of a child is determined or ordered by the Court of Central Jurisdiction, the amount of child support, as determined by Court order, must be withheld from the income, regardless of the source, of the person obligated to pay the support.

Historical and Statutory Notes

Source: Ordinance 26-94, ch. 29. T. II, § 1.


§ 2052. Conditions of income withholding

(a) Withholding shall result whenever the obligor fails to make the support payments, and the following conditions are met:

(1) the obligor is at least 30 days in arrears; and

(2) the obligee or a public authority serves written notice of income withholding, showing arrearage, on the obligor at least 20 days before service of the notice of income withholding and a copy of the Court's order on the employer or payer of funds; and

(3) within the 20 day period, the obligor fails to request and move the Court to deny withholding on the grounds that an arrearage of at least 30 days does not exist as of the date of the notice of income withholding, or a mistake or facts, if the order was issued ex parte; and

(4) the obligee or public authority serves a copy of the notice of income withholding, a copy of the court's order, and the provisions of this subchapter on the employer or payer of funds;

(b) The obligor may, at any time, waive the written notice required by this subchapter.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. II, §§ 2.01, 2.03.


§ 2053. Withholding hearing

Within 30 days from the date of the notice given under 8 MLBSA § 2052, the Court shall hold a hearing on the motion of the obligor and notify the parties of its decision. At the hearing to deny or change the withholding, if the Court finds that there was not a mistake of fact, the Court shall order income withholding to begin no later than the first pay period that occurs after 14 days following the date of the hearing. If the Court finds that an arrearage of at least 30 days existed as of the date of the notice of income withholding, but finds a mistake in the amount of arrearage, the court shall order income withholding, in the corrected amount.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. II, § 3.


§ 2054. Effect of order

(a) Notwithstanding any law to the contrary, an order issued by the Court of Central Jurisdiction for child support is binding on the employer or payer of funds when service under this subchapter Title has been made. Withholding shall begin no later than the first pay period that occurs after 14 days following the date of the notice to the employer or payer of funds. An employer shall not discharge, or refuse to hire or otherwise discipline an employee as a result of a wage or salary withholding authorized by this subchapter.

(b) To pay the arrearage specified in the notice of income withholding, the employer or payer of funds shall withhold from the obligor's income an additional amount not to exceed 20 percent of the monthly obligation until the arrearage is paid.

(c) If the amounts currently owed exceed the maximum permitted by law the employer shall not withhold from an employee more than the maximum permitted under the Consumer Credit Protection Act, 15 U.S.C. section 1 673(b)(2).

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. II, §§ 2.02, 4, 5.02.


§ 2055. Priority

(a) An order for withholding under this chapter or execution or garnishment upon a judgment for child support arrears shall have priority over an attachment, execution, garnishment, or wage assignment and shall not be subject to the statutory limitations on amounts levied against the income of the obligor, except as provided for in this chapter. Amounts withheld from an employee's income shall not exceed the maximum permitted by law.

(b) In the event that there is more than one withholding order for child support on an employee, the employer shall put the orders into effect, giving priority first to amounts currently due and not in arrears up to the maximum amount allowed be law. If there are two or more orders for child support which cumulatively exceed the maximum allowed by law, the amount each obligee receives from the withholding shall be determined as the amount equal to the number of children as a percentage of the total number of children who are owed support giving priority first to the judgment issued first. This subsection shall not affect the actual amount of support ordered, it only pertains to withholdings.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. II, § 5.


§ 2056. Employer expenses

An employer may deduct two dollars from the obligor-employee's remaining salary for each payment made pursuant to a withholding order under this subchapter to cover the employer's expenses involved in the withholding.

Historical and Statutory Notes

Source: Ordinance 2-94, Ch. 29, T. II, § 6.


§ 2057. Notice from obligor to employer

When an individual is hired for employment, the employer shall request that the individual disclose whether or not the individual has court ordered child support obligations that are required by law to be withheld from income and the terms of the court order. The individual shall disclose this information at the time of hiring. When an individual discloses that the individual owes child support that is required to be withheld, the employer shall begin withholding according to the terms of the order and under this chapter.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. II, § 7.


§ 2058. Notice to Court upon termination of employment

When withholding is in effect and the obligor's employment is terminated, the obligor and the obligor's employer or payer of funds shall notify the Court and the obligee or public agency responsible for child support enforcement of the termination within ten days of the termination date. The notice shall include the obligor's home address and the name and address of the obligor's new employer or payer of funds, if known. Information disclosed under this subchapter shall not be divulged except to the extent necessary for the administration of child support or when authorized by law.

Historical and Statutory Notes

Source: Ordinance 26-94, Ch. 29, T. II, § 7.01.


§ 2059. Order terminating income withholding

Whenever an obligation for child support terminates under the terms of the order, and where the obligation is enforced by income withholding from the obligor, the Court shall enter an order directed to the obligor's employer or other payer of funds, which terminates the income withholding. The order terminating income withholding must specify the effective date of the order, referencing the initial order or decree establishing the support obligation.

Historical and Statutory Notes

Source: Ordinance 26-94, ch. 29, T. II, § 8.

Amendments received through: August 29, 2003

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