HF 1172

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 04:39pm

A bill for an act
relating to human services; modifying health and human services background
study consideration of juvenile court records; modifying disqualification periods;
allowing a set aside for a disqualification based on conduct or convictions in an
individual's juvenile record; creating an electronic background check
reconsideration request process; appropriating money; amending Minnesota Statutes
2022, sections 245C.15, subdivisions 2, 4, by adding a subdivision; 245C.17,
subdivision 2; 245C.21, subdivisions 1a, 2; 245C.22, subdivision 1; 245C.24,
subdivision 2.

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

Section 1.

Minnesota Statutes 2022, section 245C.15, subdivision 2, is amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section 245C.14
if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any,
for the offense; and (2) the individual has committed a felony-level violation of any of the
following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (fraud);
393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.165 (felon ineligible to
possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury);
609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses
under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a
gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of
a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 609.255 (false imprisonment); 609.2664 (manslaughter of an unborn child in the
first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267
(assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the
second degree); 609.268 (injury or death of an unborn child in the commission of a crime);
609.27 (coercion); 609.275 (attempt to coerce); 609.466 (medical assistance fraud); 609.495
(aiding an offender); 609.498, subdivision 1 or 1b (aggravated first-degree or first-degree
tampering with a witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525
(bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen
property); 609.535 (issuance of dishonored checks); 609.562 (arson in the second degree);
609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary
tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631
(check forgery; offering a forged check); 609.635 (obtaining signature by false pretense);
609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns); 609.687
(adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit);
609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a
minor; repeat offenses under 617.241 (obscene materials and performances; distribution
and exhibition prohibited; penalty); 624.713 (certain persons not to possess firearms); deleted text begin chapter
152 (drugs; controlled substance); or Minnesota Statutes 2012, section 609.21; or a
felony-level conviction involving alcohol or drug use deleted text end new text begin 152.021, subdivision 1 or 2b,
(aggravated controlled substance crime in the first degree; sale crimes); 152.022, subdivision
1 (controlled substance crime in the second degree; sale crimes); or 169A.24 (felony
first-degree driving while impaired) new text end .

(b) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the termination of the individual's parental rights under section 260C.301, subdivision
1, paragraph (b), or subdivision 3.

(d) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of the offenses listed in paragraph
(a).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is
disqualified but the disqualification look-back period for the offense is the period applicable
to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for background studies requested on or
after August 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 245C.15, subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a misdemeanor-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182
(fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113,
or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first degree);
609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231
(assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic
assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report
maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the third degree);
609.27 (coercion); violation of an order for protection under 609.3232 (protective order
authorized; procedures; penalties); 609.466 (medical assistance fraud); deleted text begin 609.52 (theft); deleted text end
609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); deleted text begin 609.53 (receiving
stolen property); 609.535 (issuance of dishonored checks); deleted text end 609.611 (insurance fraud); 609.66
(dangerous weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79
(obscene or harassing telephone calls); 609.795 (letter, telegram, or package; opening;
harassment); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud);
617.23 (indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination
and display to minors prohibited); or Minnesota Statutes 2012, section 609.21; or violation
of an order for protection under section 518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 260E.06 or 626.557, subdivision 3,
for incidents in which: (i) the final disposition under section 626.557 or chapter 260E was
substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under chapter 260E, a
vulnerable adult under section 626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the elements of maltreatment under
section 626.557 or chapter 260E for which: (i) there is a preponderance of evidence that
the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of
the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the offenses
listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(f) An individual is disqualified under section 245C.14 if less than seven years has passed
since the individual was disqualified under section 256.98, subdivision 8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for background studies requested on or
after August 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 245C.15, is amended by adding a subdivision to
read:

new text begin Subd. 4b. new text end

new text begin Five-year disqualification. new text end

new text begin (a) An individual is disqualified under section
245C.14 if: (1) less than five years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a felony-level violation of any
of the following offenses: 152.021, subdivision 2 or 2a (controlled substance possession
crime in the first degree; methamphetamine manufacture crime); 152.022, subdivision 2
(controlled substance possession crime in the second degree); 152.023 (controlled substance
crime in the third degree); 152.024 (controlled substance crime in the fourth degree); 152.025
(controlled substance crime in the fifth degree); 152.0261 (importing controlled substances
across state borders); 152.0262 (possession of substances with intent to manufacture
methamphetamine); 152.027, subdivision 6, paragraph (c) (sale of synthetic cannabinoids);
152.096 (conspiracy to commit controlled substance crime); 152.097 (simulated controlled
substances); or 152.137 (methamphetamine-related crimes involving children and vulnerable
adults).
new text end

new text begin (b) An individual is disqualified under section 245C.14 if: (1) less than five years have
passed since the discharge of the sentence imposed, if any, for the offense; and (2) the
individual has committed a misdemeanor-level violation of any of the following offenses:
609.52 (theft); 609.53 (receiving stolen property); or 609.535 (issuance of dishonored
checks).
new text end

new text begin (c) An individual is disqualified under section 245C.14 if less than five years have passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes.
new text end

new text begin (d) An individual is disqualified under section 245C.14 if less than five years have passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of any of the offenses listed in
paragraphs (a) and (b).
new text end

new text begin (e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for background studies requested on or
after August 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 245C.17, subdivision 2, is amended to read:

Subd. 2.

Disqualification notice sent to subject.

(a) If the information in the study
indicates the individual is disqualified from direct contact with, or from access to, persons
served by the program, the commissioner shall disclose to the individual studied:

(1) the information causing disqualification;

(2) instructions on how to request a reconsideration of the disqualification;

(3) an explanation of any restrictions on the commissioner's discretion to set aside the
disqualification under section 245C.24, when applicable to the individual;

(4) a statement that, if the individual's disqualification is set aside under section 245C.22,
the applicant, license holder, or other entity that initiated the background study will be
provided with the reason for the individual's disqualification and an explanation that the
factors under section 245C.22, subdivision 4, which were the basis of the decision to set
aside the disqualification shall be made available to the license holder upon request without
the consent of the subject of the background study;

(5) a statement indicating that if the individual's disqualification is set aside or the facility
is granted a variance under section 245C.30, the individual's identity and the reason for the
individual's disqualification will become public data under section 245C.22, subdivision 7,
when applicable to the individual;

(6) a statement that when a subsequent background study is initiated on the individual
following a set-aside of the individual's disqualification, and the commissioner makes a
determination under section 245C.22, subdivision 5, paragraph (b), that the previous set-aside
applies to the subsequent background study, the applicant, license holder, or other entity
that initiated the background study will be informed in the notice under section 245C.22,
subdivision 5, paragraph (c):

(i) of the reason for the individual's disqualification;

(ii) that the individual's disqualification is set aside for that program or agency; and

(iii) that information about the factors under section 245C.22, subdivision 4, that were
the basis of the decision to set aside the disqualification are available to the license holder
upon request without the consent of the background study subject; deleted text begin and
deleted text end

(7) the commissioner's determination of the individual's immediate risk of harm under
section 245C.16 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) a list of community resources through which the individual studied, license holder,
or other entity that initiated the background study can obtain legal advice related to the
background study and disqualification and the request for reconsideration process.
new text end

(b) If the commissioner determines under section 245C.16 that an individual poses an
imminent risk of harm to persons served by the program where the individual will have
direct contact with, or access to, people receiving services, the commissioner's notice must
include an explanation of the basis of this determination.

(c) If the commissioner determines under section 245C.16 that an individual studied
does not pose a risk of harm that requires immediate removal, the individual shall be informed
of the conditions under which the agency that initiated the background study may allow the
individual to have direct contact with, or access to, people receiving services, as provided
under subdivision 3.

Sec. 5.

Minnesota Statutes 2022, section 245C.21, subdivision 1a, is amended to read:

Subd. 1a.

Submission of reconsideration request.

(a) For disqualifications related to
studies conducted by county agencies for family child care, and for disqualifications related
to studies conducted by the commissioner for child foster care, adult foster care, and family
adult day services when the applicant or license holder resides in the home where services
are provided, the individual shall submit the request for reconsideration to the county agency
that initiated the background study.

(b) For disqualifications related to studies conducted by the commissioner for child
foster care providers monitored by private licensing agencies under section 245A.16, the
individual shall submit the request for reconsideration to the private agency that initiated
the background study.

(c) A reconsideration request shall be submitted within 30 days of the individual's receipt
of the disqualification notice deleted text begin or the time frames specified in subdivision 2, whichever time
frame is shorter deleted text end .

(d) The county or private agency shall forward the individual's request for reconsideration
and provide the commissioner with a recommendation whether to set aside the individual's
disqualification.

Sec. 6.

Minnesota Statutes 2022, section 245C.21, subdivision 2, is amended to read:

Subd. 2.

Time frame for requesting reconsideration.

(a) When the commissioner
sends an individual a notice of disqualification based on a finding under section 245C.16,
subdivision 2, paragraph (a), clause (1) or (2), the disqualified individual must submit the
request for a reconsideration within 30 calendar days of the individual's receipt of the notice
of disqualification. If mailed, the request for reconsideration must be postmarked and sent
to the commissioner within 30 calendar days of the individual's receipt of the notice of
disqualification. If a request for reconsideration is made by personal service, it must be
received by the commissioner within 30 calendar days after the individual's receipt of the
notice of disqualification. Upon showing that the information under subdivision 3 cannot
be obtained within 30 days, the disqualified individual may request additional time, not to
exceed 30 days, to obtain the information.

(b) When the commissioner sends an individual a notice of disqualification based on a
finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the disqualified
individual must submit the request for reconsideration within deleted text begin 15 deleted text end new text begin 30 new text end calendar days of the
individual's receipt of the notice of disqualification. If mailed, the request for reconsideration
must be postmarked and sent to the commissioner within deleted text begin 15 deleted text end new text begin 30 new text end calendar days of the
individual's receipt of the notice of disqualification. If a request for reconsideration is made
by personal service, it must be received by the commissioner within deleted text begin 15 deleted text end new text begin 30 new text end calendar days
after the individual's receipt of the notice of disqualification.

(c) An individual who was determined to have maltreated a child under chapter 260E
or a vulnerable adult under section 626.557, and who is disqualified on the basis of serious
or recurring maltreatment, may request a reconsideration of both the maltreatment and the
disqualification determinations. The request must be submitted within 30 calendar days of
the individual's receipt of the notice of disqualification. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 30 calendar days
of the individual's receipt of the notice of disqualification. If a request for reconsideration
is made by personal service, it must be received by the commissioner within 30 calendar
days after the individual's receipt of the notice of disqualification.

(d) Except for family child care and child foster care, reconsideration of a maltreatment
determination under sections 260E.33 and 626.557, subdivision 9d, and reconsideration of
a disqualification under section 245C.22, shall not be conducted when:

(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination, disqualification, and
denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045
must not be conducted under sections 245C.27, 260E.33, and 626.557, subdivision 9d.
Under section 245A.08, subdivision 2a, the scope of the consolidated contested case hearing
must include the maltreatment determination, disqualification, and denial of a license or
licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
260E.33 and 626.557, subdivision 9d, and reconsideration of the disqualification shall be
conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as
provided under sections 245C.27, 260E.33, and 626.557, subdivision 9d.

Sec. 7.

Minnesota Statutes 2022, section 245C.22, subdivision 1, is amended to read:

Subdivision 1.

Time frame; response to disqualification reconsideration requests.

(a)
The commissioner shall respond in writing or by electronic transmission to all reconsideration
requests for which the basis for the request is that the information the commissioner relied
upon to disqualify is incorrect or inaccurate within 30 working days of receipt of a complete
request and all required relevant information.

(b) If the basis for a disqualified individual's reconsideration request is that the individual
does not pose a risk of harm, the commissioner shall respond to the request within 15 working
days after receiving a complete request for reconsideration and all required relevant
information.

(c) If the disqualified individual's reconsideration request is based on both the correctness
or accuracy of the information the commissioner relied upon to disqualify the individual
and the individual's risk of harm, the commissioner shall respond to the request within 45
working days after receiving a complete request for reconsideration and all required relevant
information.

new text begin (d) The commissioner shall give priority consideration to a reconsideration request from
an individual who was disqualified based on crimes or conduct listed in section 245C.15,
subdivision 4b, and shall respond to such a request within 15 working days after receiving
a complete request for reconsideration and all required relevant information.
new text end

new text begin (e) If the commissioner is unable to respond to a request for reconsideration within the
time frames prescribed under this section, the commissioner shall notify the individual
requesting reconsideration and the individual's prospective employer of the delay and take
all necessary steps to ensure that the applicant can continue to work while the commissioner
completes the response to the request for reconsideration. The commissioner's response to
a request for reconsideration shall not, under any circumstances, be delayed beyond six
months from the date the commissioner received a complete request for reconsideration
and all required relevant information.
new text end

Sec. 8.

Minnesota Statutes 2022, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
paragraphs (b) to deleted text begin (f) deleted text end new text begin (g) new text end , the commissioner may not set aside the disqualification of any
individual disqualified pursuant to this chapter, regardless of how much time has passed,
if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision
1.

(b) For an individual in the substance use disorder or corrections field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must consider granting
a variance pursuant to section 245C.30 for the license holder for a program dealing primarily
with adults. A request for reconsideration evaluated under this paragraph must include a
letter of recommendation from the license holder that was subject to the prior set-aside
decision addressing the individual's quality of care to children or vulnerable adults and the
circumstances of the individual's departure from that service.

(c) If an individual who requires a background study for nonemergency medical
transportation services under section 245C.03, subdivision 12, was disqualified for a crime
or conduct listed under section 245C.15, subdivision 1, and if more than 40 years have
passed since the discharge of the sentence imposed, the commissioner may consider granting
a set-aside pursuant to section 245C.22. A request for reconsideration evaluated under this
paragraph must include a letter of recommendation from the employer. This paragraph does
not apply to a person disqualified based on a violation of sections 243.166; 609.185 to
609.205; 609.25; 609.342 to 609.3453; 609.352; 617.23, subdivision 2, clause (1), or 3,
clause (1); 617.246; or 617.247.

(d) When a licensed foster care provider adopts an individual who had received foster
care services from the provider for over six months, and the adopted individual is required
to receive a background study under section 245C.03, subdivision 1, paragraph (a), clause
(2) or (6), the commissioner may grant a variance to the license holder under section 245C.30
to permit the adopted individual with a permanent disqualification to remain affiliated with
the license holder under the conditions of the variance when the variance is recommended
by the county of responsibility for each of the remaining individuals in placement in the
home and the licensing agency for the home.

(e) For an individual 18 years of age or older affiliated with a licensed family foster
setting, the commissioner must not set aside or grant a variance for the disqualification of
any individual disqualified pursuant to this chapter, regardless of how much time has passed,
if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision
4a, paragraphs (a) and (b).

(f) In connection with a family foster setting license, the commissioner may grant a
variance to the disqualification for an individual who is under 18 years of age at the time
the background study is submitted.

new text begin (g) The commissioner may set aside or grant a variance for any disqualification that is
based on conduct or a conviction in an individual's juvenile record.
new text end

Sec. 9. new text begin DIRECTION TO THE COMMISSIONER; SET-ASIDE PORTABILITY.
new text end

new text begin The commissioner of human services shall evaluate the process for background study
disqualification set-asides to be portable and automatically apply to subsequent background
studies each time a background study subject who has been granted a set-aside applies for
a position with a license holder. By January 15, 2024, the commissioner must propose
statutory changes to improve this process and establish an automatic process for such
individuals.
new text end

Sec. 10. new text begin DIRECTION TO THE COMMISSIONER; ELECTRONIC
RECONSIDERATION REQUESTS AND BLIND REVIEW PROCESS.
new text end

new text begin The commissioner of human services shall develop and implement a process to allow
requests for reconsideration of background study disqualifications under Minnesota Statutes,
chapter 245C, and related correspondence to be submitted and received via email or through
another form of secure online communication that is accessible to individuals requesting
reconsideration. In addition, the commissioner shall develop and utilize a blind review
process for disqualification reconsideration requests, in which the name, gender, race,
address, and any other identifying information is removed from the request, wherever
practicable.
new text end

Sec. 11. new text begin APPROPRIATION; BACKGROUND STUDY DATA RETRIEVAL
INFRASTRUCTURE IMPROVEMENTS.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
human services for updates to the Department of Human Services' information technology
infrastructure to improve data-retrieval capabilities related to background studies conducted
under Minnesota Statutes, chapter 245C. The commissioner must also use funds appropriated
under this section to create an online dashboard with deidentified background study data
and publish annual public reports on the NetStudy 2.0 background study process that provide
summary data on the number of studies conducted, a racial breakdown of studies and
disqualifications, the average time frame for receiving a determination, the number of
disqualifications issued, the number of reconsideration requests submitted, and the number
of set-asides granted.
new text end