SF 1087

as introduced - 88th Legislature (2013 - 2014) Posted on 03/06/2013 09:01am

A bill for an act
relating to human services; providing an exception to disqualification from
working in human services licensed programs; amending Minnesota Statutes
2012, section 245C.14, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 245C.14, subdivision 1, is amended to read:

Subdivision 1.

Disqualification from direct contact.

(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position
allowing direct contact with persons receiving services from the license holder or entity
identified in section 245C.03, upon receipt of information showing, or when a background
study completed under this chapter shows any of the following:

(1) a conviction of, admission to, or Alford plea to one or more crimes listed in
section 245C.15, regardless of whether the conviction or admission is a felony, gross
misdemeanor, or misdemeanor level crime;

(2) a preponderance of the evidence indicates the individual has committed an act
or acts that meet the definition of any of the crimes listed in section 245C.15, regardless
of whether the preponderance of the evidence is for a felony, gross misdemeanor, or
misdemeanor level crime; or

(3) an investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b).

(b) No individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact
with persons served by a program or entity identified in section 245C.03, unless the
commissioner has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the
individual may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that program
or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual
under section 245C.30.

new text begin (c) An individual must not be disqualified if the individual's only disqualifying
offense or offenses occurred when the individual was a minor, and five or more years have
passed during which the individual has committed no other disqualifying offenses. This
paragraph does not apply to an individual who was convicted of the disqualifying crime
following certification under section 260B.125, or if the individual's qualification was for
an offense under section 245C.15, subdivision 1.
new text end