Advisory Opinion 06-026

Facts and Procedural History:

On July 26, 2006, IPAD received a letter dated July 24, 2006, from Jerry Soma, Division Manager of Anoka County Human Services. In his letter, Mr. Soma asked the Commissioner to issue an advisory opinion regarding the classification of certain data that Anoka County maintains. IPAD requested additional information and clarification, which the County provided on August 11, 2006.

In a letter dated August 17, 2006, IPAD, on behalf of the Commissioner, invited the Service Employees International Union Minnesota Kids First to submit comments. IPAD did not receive comments from the Union.

A summary of the facts as provided by Mr. Soma is as follows. He wrote:

[The] data request . . . [seeks] program data concerning payments made by Anoka County to all child care providers - licensed and non-licensed - pursuant to the Child Care Assistance Program who received payments for services rendered in the most recent payment cycle.

Anoka County is uncertain whether requested data about payment of child care assistance is classified as private data on individuals. . . .

In Advisory Opinion 06-013, issued at the request of Anoka County, the Commissioner addressed the classification of data relating to legal non-licensed child care providers. Thus, the analysis in this opinion will focus only on data relating to licensed child care providers.

Issue:

Based on Mr. Soma's opinion request, the Commissioner agreed to address the following issue:

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?

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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.

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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

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