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HSB 8

A bill for an act relating to child care center staff requirements for providing flex care to children up to five years of age.

2025-2026 Regular Session

The bill would let 16- and 17-year-old staff provide flex care to children up to age five during designated nap hours without extra supervision, pending updated state rules.

Committee report approving bill, renumbered as HF 382.
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Bill Summary · HSB 8

Summary: HSB 8 (renumbered HF 382) — Flex Care Staffing for Child Care Centers

Overview

HSB 8 proposes to amend child care center staffing rules to allow younger staff to provide flex care. Specifically, it would direct the Department of Health and Human Services to update administrative rules so that employees aged 16 years and older may provide flex care to children up to five years old without additional supervision. The bill focuses on flex care provided during designated nap hours and brief periods when an on-site supervisor (18 years or older) is not present.

  • Introduced: January 15, 2025
  • Status: Committee report approving bill; renumbered as HF 382 (February 13, 2025)
  • Primary subject: Child Care, Children
  • Classification: Proposed bill
  • Related actions: Subcommittee and committee votes in January–February 2025

What the bill would do

  • Amend department rules (administrative rules under Chapter 17A) to authorize 16- and 17-year-old child care center employees to provide flex care to children up to age five without any additional supervision.
  • Define the terms consistent with existing law:
    • “Child care”: care, supervision, and guidance of a child by a non-parent/guardian/custodian for periods of less than 24 hours per day on a regular basis (with some exceptions).
    • “Child care center”: a facility providing child care or preschool services for seven or more children, except when registered as a child development home.
    • “Flex care”: child care provided during designated nap hours and during brief periods when a child care center employee aged 18 or older is not present to supervise.

Key provisions and changes

  • Rulemaking directive: The bill requires the department to amend its administrative rules to implement the expanded eligibility for flex care staff (16+).
  • Scope of flex care: Limitations for flex care remain tied to designated nap hours and brief periods when the supervising 18+ staff member is not present.

Who would be affected

  • Child care centers (as defined) would have the option to employ and deploy younger staff (16–17) to provide flex care during specified times.
  • Staff ages 16 and older could perform flex care duties without additional supervision beyond existing supervision protocols during the designated periods.

Implementation and timeline considerations

  • The change hinges on administrative rulemaking by the Department of Health and Human Services (DHHS), pursuant to Chapter 17A.
  • No specific statutory effective date is stated in the bill text provided; implementation would occur after rule amendments are adopted and published.

Legislative history (highlights)

  • Subcommittee recommendation: January 21–22, 2025
  • Subcommittee chair/members: Wood, Ehlert, Weldon
  • Committee vote: Yeas 13, Nays 7, Excused 1
  • Committee report: February 11, 2025 (recommend passage)
  • Renumbering: February 13, 2025, bill renumbered to HF 382

Potential impacts and considerations

  • Access and staffing: May increase flexibility for centers to cover care during limited supervision gaps, potentially reducing scheduling bottlenecks.
  • Safety and training: Requires careful rulemaking to ensure appropriate training and supervision standards for 16–17-year-olds during flex care periods.
  • Compliance: Centers would need to align policies with the updated rules and ensure clarity on when flex care may be provided.

Next steps

  • If moved forward, HF 382 would proceed through the legislative process for final passage and potential enactment, followed by DHHS rulemaking to implement the change.

Compiled from official sources — confirm details with the bill’s official record.

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