| What is the classification of the following data that Anoka County maintains: data indicating all licensed child care providers who have received child care assistance payment for services rendered in the past month? |
Discussion:
Data on individuals relating to a welfare program are classified pursuant to section 13.46. In section 13.46, individual does not include a vendor of services.
Subdivision 4 of section 13.46 provides various classifications for licensing data, which are defined as, all data collected, maintained, used, or disseminated by the welfare system pertaining to persons licensed or registered or who apply for licensure or registration or who formerly were licensed or registered under the authority of the commissioner of human services. (See section 13.46, subdivision 4(a)(1).)
Child care providers are licensed pursuant to Minnesota Statutes, Chapter 245A, by the Commissioner of Human Services or the Commissioner's designated representative, including county agencies and private agencies. (See section 245A.02, subdivision 5.)
In his opinion request, Mr. Soma wrote:
Minn. Stat. Chap. 119B addresses the requirements on who is eligible to receive child care assistance funding (individual recipients) as well as requirements related to who may provide child care services to the recipient in order for the recipient to receive the funding. Child care assistance payments are made on behalf of a recipient to . . . [a] licensed child care provider.
The child care assistance program is administered by the Minnesota Department of Human Services [DHS]. Programs administered by DHS are part of the welfare system. . . .
The county does not contract with these individuals [an individual licensed under Minn. Stat. Chap. 245A]. They are not providing services to the county. They are providing services to a child care assistance recipient.
If the child care assistance program determines that an overpayment has been made, the child care assistance recipient is responsible to repay the funds, not the child care provider. Payment data relates to specific recipients. . . .
In the data request, [the Union compared payments made by the County to child care providers with payments made by the county to a foster parent]. Anoka County does not agree with this comparison. When a child is placed in foster care, the county makes the placement and is responsible for the payment. There is a direct relationship between the foster care provider and the county. The foster care provider does provide services on behalf of the county.
In contrast, under the child care assistance program, the county does not place the child with the child care provider. Child care arrangements are made by the parent(s). Services are not provided at the request of or on behalf of the county.
In Advisory Opinion 01-091, the Commissioner discussed data about child care providers and opined that, generally, such data are classified pursuant to section 13.46, subdivision 4. The Commissioner wrote:
Here, the County asked the Commissioner to opine on the classification of data naming all licensed child care providers who have received child care assistance payment for services rendered in the past month. The operation of section 13.46, subdivision 4, is such that all licensing data are presumed private unless there is language specifically stating that certain of the data are public. (See Advisory Opinion 06-013.) Nowhere in section 13.46, subdivision 4, does it state that the date on which a licensed day care provider receives a child care assistance payment is public. Therefore, the data are private.
Opinion:
Based on the facts and information provided, my opinion on the issues that Mr. Soma raised is as follows:
| Pursuant to Minnesota Statutes, section 13.46, subdivision 4, the following data that Anoka County maintains are private: data indicating all licensed child care providers who have received child care assistance payment for services rendered in the past month. |
Signed:
Dana B. Badgerow
Commissioner
Dated: September 21, 2006
