Bill Text: MN SF2027 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Human services background study requirements modifications
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-23 - Referred to Health and Human Services [SF2027 Detail]
Download: Minnesota-2011-SF2027-Introduced.html
1.2relating to human services; modifying requirements for background studies;
1.3amending Minnesota Statutes 2010, section 245C.04, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:
1.6 Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
1.7background study of an individual required to be studied under section245C.03,
1.8subdivision 1 , at least upon application for initial license for all license types.
1.9 (b) The commissioner shall conduct a background study of an individual required
1.10to be studied under section245C.03, subdivision 1 , at reapplication for a license for
1.11family child care.
1.12 (c) The commissioner is not required to conduct a study of an individual at the time
1.13of reapplication for a license if the individual's background study was completed by the
1.14commissioner of human services for an adult foster care license holder that is also:
1.15 (1) registered under chapter 144D; or
1.16 (2) licensed to provide home and community-based services to people with
1.17disabilities at the foster care location and the license holder does not reside in the foster
1.18care residence; and
1.19 (3) the following conditions are met:
1.20 (i) a study of the individual was conducted either at the time of initial licensure or
1.21when the individual became affiliated with the license holder;
1.22 (ii) the individual has been continuously affiliated with the license holder since
1.23the last study was conducted; and
1.24 (iii) the last study of the individual was conducted on or after October 1, 1995.
2.1 (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
2.2conduct a study of an individual required to be studied under section245C.03 , at the
2.3time of reapplication for a child foster care license. The county or private agency shall
2.4collect and forward to the commissioner the information required under section245C.05 ,
2.5subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
2.6study conducted by the commissioner of human services under this paragraph must
2.7include a review of the information required under section245C.08, subdivisions 1 ,
2.8paragraph (a), clauses (1) to (5), 3, and 4.
2.9 (e) The commissioner of human services shall conduct a background study of an
2.10individual specified under section245C.03, subdivision 1 , paragraph (a), clauses (2)
2.11to (6), who is newly affiliated with a child foster care license holder. The county or
2.12private agency shall collect and forward to the commissioner the information required
2.13under section245C.05, subdivisions 1 and 5. The background study conducted by the
2.14commissioner of human services under this paragraph must include a review of the
2.15information required under section245C.08, subdivisions 1 , 3, and 4.
2.16 (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
2.17paragraph (c), the commissioner shall conduct a study of an individual required to
2.18be studied under section245C.03 at the time of reapplication for an adult foster care
2.19or family adult day services license: (1) the county shall collect and forward to the
2.20commissioner the information required under section245C.05, subdivision 1 , paragraphs
2.21(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
2.22by the commissioner for all family adult day services and for adult foster care when
2.23the adult foster care license holder resides in the adult foster care or family adult day
2.24services residence; (2) the license holder shall collect and forward to the commissioner
2.25the information required under section245C.05, subdivisions 1 , paragraphs (a) and (b);
2.26and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
2.27adult foster care when the license holder does not reside in the adult foster care residence;
2.28and (3) the background study conducted by the commissioner under this paragraph must
2.29include a review of the information required under section245C.08, subdivision 1 ,
2.30paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
2.31(g) The commissioner shall conduct a background study of an individual specified
2.32under section245C.03, subdivision 1 , paragraph (a), clauses (2) to (6), who is newly
2.33affiliated with an adult foster care or family adult day services license holder: (1) the
2.34county shall collect and forward to the commissioner the information required under
2.35section245C.05, subdivision 1 , paragraphs (a) and (b), and subdivision 5, paragraphs (a)
2.36and (b), for background studies conducted by the commissioner for all family adult day
3.1services and for adult foster care when the adult foster care license holder resides in
3.2the adult foster care residence; (2) the license holder shall collect and forward to the
3.3commissioner the information required under section245C.05, subdivisions 1 , paragraphs
3.4(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
3.5commissioner for adult foster care when the license holder does not reside in the adult
3.6foster care residence; and (3) the background study conducted by the commissioner under
3.7this paragraph must include a review of the information required under section245C.08,
3.8subdivision 1 , paragraph (a), and subdivisions 3 and 4.
3.9(h) Applicants for licensure, license holders, and other entities as provided in this
3.10chapter must submit completed background study forms to the commissioner before
3.11individuals specified in section245C.03, subdivision 1 , begin positions allowing direct
3.12contact in any licensed program.
3.13 (i) A license holder mustprovide the commissioner notice initiate a new background
3.14study through the commissioner's online background study systemor through a letter
3.15mailed to the commissioner when:
3.16 (1) an individual returns to a position requiring a background study following an
3.17absence of45 180 or more consecutive days; or
3.18 (2) a program that discontinued providing licensed direct contact services for45 180
3.19or more consecutive days begins to provide direct contact licensed services again.
3.20 The license holder shall maintain a copy of the notification provided to
3.21the commissioner under this paragraph in the program's files. If the individual's
3.22disqualification was previously set aside for the license holder's program and the new
3.23background study results in no new information that indicates the individual may pose a
3.24risk of harm to persons receiving services from the license holder, the previous set-aside
3.25shall remain in effect.
3.26 (j) For purposes of this section, a physician licensed under chapter 147 is considered
3.27to be continuously affiliated upon the license holder's receipt from the commissioner of
3.28health or human services of the physician's background study results.
3.29(k) For purposes of family child care, substitute caregivers must receive repeat
3.30background studies at the time of each license renewal.
1.3amending Minnesota Statutes 2010, section 245C.04, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read:
1.6 Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
1.7background study of an individual required to be studied under section
1.8subdivision 1
1.9 (b) The commissioner shall conduct a background study of an individual required
1.10to be studied under section
1.11family child care.
1.12 (c) The commissioner is not required to conduct a study of an individual at the time
1.13of reapplication for a license if the individual's background study was completed by the
1.14commissioner of human services for an adult foster care license holder that is also:
1.15 (1) registered under chapter 144D; or
1.16 (2) licensed to provide home and community-based services to people with
1.17disabilities at the foster care location and the license holder does not reside in the foster
1.18care residence; and
1.19 (3) the following conditions are met:
1.20 (i) a study of the individual was conducted either at the time of initial licensure or
1.21when the individual became affiliated with the license holder;
1.22 (ii) the individual has been continuously affiliated with the license holder since
1.23the last study was conducted; and
1.24 (iii) the last study of the individual was conducted on or after October 1, 1995.
2.1 (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
2.2conduct a study of an individual required to be studied under section
2.3time of reapplication for a child foster care license. The county or private agency shall
2.4collect and forward to the commissioner the information required under section
2.5subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
2.6study conducted by the commissioner of human services under this paragraph must
2.7include a review of the information required under section
2.8paragraph (a), clauses (1) to (5), 3, and 4.
2.9 (e) The commissioner of human services shall conduct a background study of an
2.10individual specified under section
2.11to (6), who is newly affiliated with a child foster care license holder. The county or
2.12private agency shall collect and forward to the commissioner the information required
2.13under section
2.14commissioner of human services under this paragraph must include a review of the
2.15information required under section
2.16 (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
2.17paragraph (c), the commissioner shall conduct a study of an individual required to
2.18be studied under section
2.19or family adult day services license: (1) the county shall collect and forward to the
2.20commissioner the information required under section
2.21(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
2.22by the commissioner for all family adult day services and for adult foster care when
2.23the adult foster care license holder resides in the adult foster care or family adult day
2.24services residence; (2) the license holder shall collect and forward to the commissioner
2.25the information required under section
2.26and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
2.27adult foster care when the license holder does not reside in the adult foster care residence;
2.28and (3) the background study conducted by the commissioner under this paragraph must
2.29include a review of the information required under section
2.30paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
2.31(g) The commissioner shall conduct a background study of an individual specified
2.32under section
2.33affiliated with an adult foster care or family adult day services license holder: (1) the
2.34county shall collect and forward to the commissioner the information required under
2.35section
2.36and (b), for background studies conducted by the commissioner for all family adult day
3.1services and for adult foster care when the adult foster care license holder resides in
3.2the adult foster care residence; (2) the license holder shall collect and forward to the
3.3commissioner the information required under section
3.4(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
3.5commissioner for adult foster care when the license holder does not reside in the adult
3.6foster care residence; and (3) the background study conducted by the commissioner under
3.7this paragraph must include a review of the information required under section
3.8subdivision 1
3.9(h) Applicants for licensure, license holders, and other entities as provided in this
3.10chapter must submit completed background study forms to the commissioner before
3.11individuals specified in section
3.12contact in any licensed program.
3.13 (i) A license holder must
3.14study through the commissioner's online background study system
3.15
3.16 (1) an individual returns to a position requiring a background study following an
3.17absence of
3.18 (2) a program that discontinued providing licensed direct contact services for
3.19or more consecutive days begins to provide direct contact licensed services again.
3.20 The license holder shall maintain a copy of the notification provided to
3.21the commissioner under this paragraph in the program's files. If the individual's
3.22disqualification was previously set aside for the license holder's program and the new
3.23background study results in no new information that indicates the individual may pose a
3.24risk of harm to persons receiving services from the license holder, the previous set-aside
3.25shall remain in effect.
3.26 (j) For purposes of this section, a physician licensed under chapter 147 is considered
3.27to be continuously affiliated upon the license holder's receipt from the commissioner of
3.28health or human services of the physician's background study results.
3.29(k) For purposes of family child care, substitute caregivers must receive repeat
3.30background studies at the time of each license renewal.
