Bill Text: MN HF1985 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Background study requirements modified, and notification requirements modified.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2012-03-15 - Committee report, to pass and re-refer to Ways and Means [HF1985 Detail]
Download: Minnesota-2011-HF1985-Engrossed.html
1.2relating to human services; modifying requirements for background studies;
1.3modifying notification requirements;amending Minnesota Statutes 2010,
1.4sections 245C.04, subdivision 1; 245C.05, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:
1.7 Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
1.8background study of an individual required to be studied under section245C.03,
1.9subdivision 1 , at least upon application for initial license for all license types.
1.10 (b) The commissioner shall conduct a background study of an individual required
1.11to be studied under section245C.03, subdivision 1 , at reapplication for a license for
1.12family child care.
1.13 (c) The commissioner is not required to conduct a study of an individual at the time
1.14of reapplication for a license if the individual's background study was completed by the
1.15commissioner of human services for an adult foster care license holder that is also:
1.16 (1) registered under chapter 144D; or
1.17 (2) licensed to provide home and community-based services to people with
1.18disabilities at the foster care location and the license holder does not reside in the foster
1.19care residence; and
1.20 (3) the following conditions are met:
1.21 (i) a study of the individual was conducted either at the time of initial licensure or
1.22when the individual became affiliated with the license holder;
1.23 (ii) the individual has been continuously affiliated with the license holder since
1.24the last study was conducted; and
2.1 (iii) the last study of the individual was conducted on or after October 1, 1995.
2.2 (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
2.3conduct a study of an individual required to be studied under section245C.03 , at the
2.4time of reapplication for a child foster care license. The county or private agency shall
2.5collect and forward to the commissioner the information required under section245C.05 ,
2.6subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
2.7study conducted by the commissioner of human services under this paragraph must
2.8include a review of the information required under section245C.08, subdivisions 1 ,
2.9paragraph (a), clauses (1) to (5), 3, and 4.
2.10 (e) The commissioner of human services shall conduct a background study of an
2.11individual specified under section245C.03, subdivision 1 , paragraph (a), clauses (2)
2.12to (6), who is newly affiliated with a child foster care license holder. The county or
2.13private agency shall collect and forward to the commissioner the information required
2.14under section245C.05, subdivisions 1 and 5. The background study conducted by the
2.15commissioner of human services under this paragraph must include a review of the
2.16information required under section245C.08, subdivisions 1 , 3, and 4.
2.17 (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
2.18paragraph (c), the commissioner shall conduct a study of an individual required to
2.19be studied under section245C.03 at the time of reapplication for an adult foster care
2.20or family adult day services license: (1) the county shall collect and forward to the
2.21commissioner the information required under section245C.05, subdivision 1 , paragraphs
2.22(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
2.23by the commissioner for all family adult day services and for adult foster care when
2.24the adult foster care license holder resides in the adult foster care or family adult day
2.25services residence; (2) the license holder shall collect and forward to the commissioner
2.26the information required under section245C.05, subdivisions 1 , paragraphs (a) and (b);
2.27and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
2.28adult foster care when the license holder does not reside in the adult foster care residence;
2.29and (3) the background study conducted by the commissioner under this paragraph must
2.30include a review of the information required under section245C.08, subdivision 1 ,
2.31paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
2.32(g) The commissioner shall conduct a background study of an individual specified
2.33under section245C.03, subdivision 1 , paragraph (a), clauses (2) to (6), who is newly
2.34affiliated with an adult foster care or family adult day services license holder: (1) the
2.35county shall collect and forward to the commissioner the information required under
2.36section245C.05, subdivision 1 , paragraphs (a) and (b), and subdivision 5, paragraphs (a)
3.1and (b), for background studies conducted by the commissioner for all family adult day
3.2services and for adult foster care when the adult foster care license holder resides in
3.3the adult foster care residence; (2) the license holder shall collect and forward to the
3.4commissioner the information required under section245C.05, subdivisions 1 , paragraphs
3.5(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
3.6commissioner for adult foster care when the license holder does not reside in the adult
3.7foster care residence; and (3) the background study conducted by the commissioner under
3.8this paragraph must include a review of the information required under section245C.08,
3.9subdivision 1 , paragraph (a), and subdivisions 3 and 4.
3.10(h) Applicants for licensure, license holders, and other entities as provided in this
3.11chapter must submit completed background study forms to the commissioner before
3.12individuals specified in section245C.03, subdivision 1 , begin positions allowing direct
3.13contact in any licensed program.
3.14 (i) A license holder mustprovide the commissioner notice initiate a new background
3.15study through the commissioner's online background study systemor through a letter
3.16mailed to the commissioner when:
3.17 (1) an individual returns to a position requiring a background study following an
3.18absence of45 180 or more consecutive days; or
3.19 (2) a program that discontinued providing licensed direct contact services for45 180
3.20or more consecutive days begins to provide direct contact licensed services again.
3.21 The license holder shall maintain a copy of the notification provided to
3.22the commissioner under this paragraph in the program's files. If the individual's
3.23disqualification was previously set aside for the license holder's program and the new
3.24background study results in no new information that indicates the individual may pose a
3.25risk of harm to persons receiving services from the license holder, the previous set-aside
3.26shall remain in effect.
3.27 (j) For purposes of this section, a physician licensed under chapter 147 is considered
3.28to be continuously affiliated upon the license holder's receipt from the commissioner of
3.29health or human services of the physician's background study results.
3.30(k) For purposes of family child care, substitute caregivers must receive repeat
3.31background studies at the time of each license renewal.
3.32 Sec. 2. Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read:
3.33 Subd. 7. Probation officer and corrections agent. (a) A probation officer or
3.34corrections agent shall notify the commissioner of an individual's conviction if the
3.35individualis:
4.1 (1) has been affiliated with a program or facility regulated by the Department of
4.2Human Services or Department of Health, a facility serving children or youth licensed by
4.3the Department of Corrections, or any type of home care agency or provider of personal
4.4care assistance services within the preceding year; and
4.5 (2) has been convicted of a crime constituting a disqualification under section
4.6245C.14
.
4.7 (b) For the purpose of this subdivision, "conviction" has the meaning given it
4.8in section609.02, subdivision 5 .
4.9 (c) The commissioner, in consultation with the commissioner of corrections, shall
4.10develop forms and information necessary to implement this subdivision and shall provide
4.11the forms and information to the commissioner of corrections for distribution to local
4.12probation officers and corrections agents.
4.13 (d) The commissioner shall inform individuals subject to a background study that
4.14criminal convictions for disqualifying crimes will be reported to the commissioner by the
4.15corrections system.
4.16 (e) A probation officer, corrections agent, or corrections agency is not civilly or
4.17criminally liable for disclosing or failing to disclose the information required by this
4.18subdivision.
4.19 (f) Upon receipt of disqualifying information, the commissioner shall provide the
4.20notice required under section245C.17 , as appropriate, to agencies on record as having
4.21initiated a background study or making a request for documentation of the background
4.22study status of the individual.
4.23 (g) This subdivision does not apply to family child care programs.
1.3modifying notification requirements;amending Minnesota Statutes 2010,
1.4sections 245C.04, subdivision 1; 245C.05, subdivision 7.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:
1.7 Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
1.8background study of an individual required to be studied under section
1.9subdivision 1
1.10 (b) The commissioner shall conduct a background study of an individual required
1.11to be studied under section
1.12family child care.
1.13 (c) The commissioner is not required to conduct a study of an individual at the time
1.14of reapplication for a license if the individual's background study was completed by the
1.15commissioner of human services for an adult foster care license holder that is also:
1.16 (1) registered under chapter 144D; or
1.17 (2) licensed to provide home and community-based services to people with
1.18disabilities at the foster care location and the license holder does not reside in the foster
1.19care residence; and
1.20 (3) the following conditions are met:
1.21 (i) a study of the individual was conducted either at the time of initial licensure or
1.22when the individual became affiliated with the license holder;
1.23 (ii) the individual has been continuously affiliated with the license holder since
1.24the last study was conducted; and
2.1 (iii) the last study of the individual was conducted on or after October 1, 1995.
2.2 (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
2.3conduct a study of an individual required to be studied under section
2.4time of reapplication for a child foster care license. The county or private agency shall
2.5collect and forward to the commissioner the information required under section
2.6subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
2.7study conducted by the commissioner of human services under this paragraph must
2.8include a review of the information required under section
2.9paragraph (a), clauses (1) to (5), 3, and 4.
2.10 (e) The commissioner of human services shall conduct a background study of an
2.11individual specified under section
2.12to (6), who is newly affiliated with a child foster care license holder. The county or
2.13private agency shall collect and forward to the commissioner the information required
2.14under section
2.15commissioner of human services under this paragraph must include a review of the
2.16information required under section
2.17 (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
2.18paragraph (c), the commissioner shall conduct a study of an individual required to
2.19be studied under section
2.20or family adult day services license: (1) the county shall collect and forward to the
2.21commissioner the information required under section
2.22(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
2.23by the commissioner for all family adult day services and for adult foster care when
2.24the adult foster care license holder resides in the adult foster care or family adult day
2.25services residence; (2) the license holder shall collect and forward to the commissioner
2.26the information required under section
2.27and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
2.28adult foster care when the license holder does not reside in the adult foster care residence;
2.29and (3) the background study conducted by the commissioner under this paragraph must
2.30include a review of the information required under section
2.31paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
2.32(g) The commissioner shall conduct a background study of an individual specified
2.33under section
2.34affiliated with an adult foster care or family adult day services license holder: (1) the
2.35county shall collect and forward to the commissioner the information required under
2.36section
3.1and (b), for background studies conducted by the commissioner for all family adult day
3.2services and for adult foster care when the adult foster care license holder resides in
3.3the adult foster care residence; (2) the license holder shall collect and forward to the
3.4commissioner the information required under section
3.5(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
3.6commissioner for adult foster care when the license holder does not reside in the adult
3.7foster care residence; and (3) the background study conducted by the commissioner under
3.8this paragraph must include a review of the information required under section
3.9subdivision 1
3.10(h) Applicants for licensure, license holders, and other entities as provided in this
3.11chapter must submit completed background study forms to the commissioner before
3.12individuals specified in section
3.13contact in any licensed program.
3.14 (i) A license holder must
3.15study through the commissioner's online background study system
3.16
3.17 (1) an individual returns to a position requiring a background study following an
3.18absence of
3.19 (2) a program that discontinued providing licensed direct contact services for
3.20or more consecutive days begins to provide direct contact licensed services again.
3.21 The license holder shall maintain a copy of the notification provided to
3.22the commissioner under this paragraph in the program's files. If the individual's
3.23disqualification was previously set aside for the license holder's program and the new
3.24background study results in no new information that indicates the individual may pose a
3.25risk of harm to persons receiving services from the license holder, the previous set-aside
3.26shall remain in effect.
3.27 (j) For purposes of this section, a physician licensed under chapter 147 is considered
3.28to be continuously affiliated upon the license holder's receipt from the commissioner of
3.29health or human services of the physician's background study results.
3.30(k) For purposes of family child care, substitute caregivers must receive repeat
3.31background studies at the time of each license renewal.
3.32 Sec. 2. Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read:
3.33 Subd. 7. Probation officer and corrections agent. (a) A probation officer or
3.34corrections agent shall notify the commissioner of an individual's conviction if the
3.35individual
4.1 (1) has been affiliated with a program or facility regulated by the Department of
4.2Human Services or Department of Health, a facility serving children or youth licensed by
4.3the Department of Corrections, or any type of home care agency or provider of personal
4.4care assistance services within the preceding year; and
4.5 (2) has been convicted of a crime constituting a disqualification under section
4.7 (b) For the purpose of this subdivision, "conviction" has the meaning given it
4.8in section
4.9 (c) The commissioner, in consultation with the commissioner of corrections, shall
4.10develop forms and information necessary to implement this subdivision and shall provide
4.11the forms and information to the commissioner of corrections for distribution to local
4.12probation officers and corrections agents.
4.13 (d) The commissioner shall inform individuals subject to a background study that
4.14criminal convictions for disqualifying crimes will be reported to the commissioner by the
4.15corrections system.
4.16 (e) A probation officer, corrections agent, or corrections agency is not civilly or
4.17criminally liable for disclosing or failing to disclose the information required by this
4.18subdivision.
4.19 (f) Upon receipt of disqualifying information, the commissioner shall provide the
4.20notice required under section
4.21initiated a background study or making a request for documentation of the background
4.22study status of the individual.
4.23 (g) This subdivision does not apply to family child care programs.
