1.1 	A bill for an act
1.2 	relating to human services; making changes to
1.3 	licensing provisions and background studies; changing
1.4 	provisions for state-operated services in access to
1.5 	data, records retention, sharing information, and
1.6 	assisting patients required to register as a predatory
1.7 	offender in completing registration forms; adding a
1.8 	notification provision for certain patients released
1.9 	on pass; adding a provision to abuse prevention plans;
1.10 	amending Minnesota Statutes 2004, sections 13.46,
1.11 	subdivision 4; 243.166, subdivision 7; 245A.02,
1.12 	subdivision 17; 245A.03, subdivisions 2, 3; 245A.04,
1.13 	subdivisions 7, 13; 245A.07, subdivisions 1, 3;
1.14 	245A.08, subdivisions 2a, 5; 245A.14, by adding
1.15 	subdivisions; 245A.144; 245A.16, subdivision 4;
1.16 	245A.18; 245B.02, subdivision 10; 245B.055,
1.17 	subdivision 7; 245B.07, subdivision 8; 245C.03,
1.18 	subdivision 1; 245C.07; 245C.08, subdivisions 1, 2;
1.19 	245C.15, subdivisions 1, 2, 3, 4; 245C.17, subdivision
1.20 	2; 245C.21, subdivision 2; 245C.22, subdivisions 3, 4;
1.21 	245C.24, subdivisions 2, 3; 245C.27, subdivision 1;
1.22 	245C.28, subdivision 3; 245C.30, subdivision 2;
1.23 	246.13; 253B.18, subdivision 4a; 260B.163, subdivision
1.24 	6; 260C.163, subdivision 5; 299C.093; 518.165, by
1.25 	adding subdivisions; 609A.03, subdivision 7; 626.556,
1.26 	subdivision 10i; 626.557, subdivisions 9d, 14;
1.27 	repealing Minnesota Statutes 2004, section 246.017,
1.28 	subdivision 1.
1.29 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.30 	Section 1. Minnesota Statutes 2004, section 13.46,
1.31 	subdivision 4, is amended to read:
1.32 		Subd. 4.Licensing data.  (a) As used in this subdivision:
1.33 	(1) "licensing data" means all data collected, maintained,
1.34 	used, or disseminated by the welfare system pertaining to
1.35 	persons licensed or registered or who apply for licensure or
1.36 	registration or who formerly were licensed or registered under
1.37 	the authority of the commissioner of human services;
2.1 	(2) "client" means a person who is receiving services from
2.2 	a licensee or from an applicant for licensure; and
2.3 	(3) "personal and personal financial data" means Social
2.4 	Security numbers, identity of and letters of reference,
2.5 	insurance information, reports from the Bureau of Criminal
2.6 	Apprehension, health examination reports, and social/home
2.7 	studies.
2.8 	(b)(1) Except as provided in paragraph (c), the following
2.9 	data on current and former licensees are public:  name, address,
2.10 	telephone number of licensees, date of receipt of a completed
2.11 	application, dates of licensure, licensed capacity, type of
2.12 	client preferred, variances granted, type of dwelling, name and
2.13 	relationship of other family members, previous license history,
2.14 	class of license, and the existence and status of complaints.
2.15 	When a correction order or fine has been issued, a license is
2.16 	suspended, immediately suspended, revoked, denied, or made
2.17 	conditional, or a complaint is resolved, the following data on
2.18 	current and former licensees are public:  the substance and
2.19 	investigative findings of the complaint, licensing violation, or
2.20 	substantiated maltreatment; the record of informal resolution of
2.21 	a licensing violation; orders of hearing; findings of fact;
2.22 	conclusions of law; specifications of the final correction
2.23 	order, fine, suspension, immediate suspension, revocation,
2.24 	denial, or conditional license contained in the record of
2.25 	licensing action; and the status of any appeal of these
2.26 	actions.  When an individual licensee is a substantiated
2.27 	perpetrator of maltreatment, and the substantiated maltreatment
2.28 	is a reason for the licensing action, the identity of the
2.29 	licensee as a perpetrator is public data.  For purposes of this
2.30 	clause, a person is a substantiated perpetrator if the
2.31 	maltreatment determination has been upheld under section
2.32 	626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045,
2.33 	or an individual or facility has not timely exercised appeal
2.34 	rights under these sections.
2.35 	(2) For applicants who withdraw their application prior to
2.36 	licensure or denial of a license, the following data are
3.1 	public:  the name of the applicant, the city and county in which
3.2 	the applicant was seeking licensure, the dates of the
3.3 	commissioner's receipt of the initial application and completed
3.4 	application, the type of license sought, and the date of
3.5 	withdrawal of the application.
3.6 	(3) For applicants who are denied a license, the following
3.7 	data are public:  the name of the applicant, the city and county
3.8 	in which the applicant was seeking licensure, the dates of the
3.9 	commissioner's receipt of the initial application and completed
3.10 	application, the type of license sought, the date of denial of
3.11 	the application, the nature of the basis for the denial, and the
3.12 	status of any appeal of the denial.
3.13 	(4) The following data on persons subject to
3.14 	disqualification under section 245C.14 in connection with a
3.15 	license to provide family day care for children, child care
3.16 	center services, foster care for children in the provider's
3.17 	home, or foster care or day care services for adults in the
3.18 	provider's home, are public:  the nature of any disqualification
3.19 	set aside under section 245C.22, subdivisions 2 and 4, and the
3.20 	reasons for setting aside the disqualification; and the reasons
3.21 	for granting any variance under section 245A.04, subdivision 9.
3.22 	(5) When maltreatment is substantiated under section
3.23 	626.556 or 626.557 and the victim and the substantiated
3.24 	perpetrator are affiliated with a program licensed under chapter
3.25 	245A, the commissioner of human services, local social services
3.26 	agency, or county welfare agency may inform the license holder
3.27 	where the maltreatment occurred of the identity of the
3.28 	substantiated perpetrator and the victim.
3.29 	(c) The following are private data on individuals under
3.30 	section 13.02, subdivision 12, or nonpublic data under section
3.31 	13.02, subdivision 9:  personal and personal financial data on
3.32 	family day care program and family foster care program
3.33 	applicants and licensees and their family members who provide
3.34 	services under the license.
3.35 	(d) The following are private data on individuals:  the
3.36 	identity of persons who have made reports concerning licensees
4.1 	or applicants that appear in inactive investigative data, and
4.2 	the records of clients or employees of the licensee or applicant
4.3 	for licensure whose records are received by the licensing agency
4.4 	for purposes of review or in anticipation of a contested
4.5 	matter.  The names of reporters under sections 626.556 and
4.6 	626.557 may be disclosed only as provided in section 626.556,
4.7 	subdivision 11, or 626.557, subdivision 12b.
4.8 	(e) Data classified as private, confidential, nonpublic, or
4.9 	protected nonpublic under this subdivision become public data if
4.10 	submitted to a court or administrative law judge as part of a
4.11 	disciplinary proceeding in which there is a public hearing
4.12 	concerning a license which has been suspended, immediately
4.13 	suspended, revoked, or denied.
4.14 	(f) Data generated in the course of licensing
4.15 	investigations that relate to an alleged violation of law are
4.16 	investigative data under subdivision 3.
4.17 	(g) Data that are not public data collected, maintained,
4.18 	used, or disseminated under this subdivision that relate to or
4.19 	are derived from a report as defined in section 626.556,
4.20 	subdivision 2, or 626.5572, subdivision 18, are subject to the
4.21 	destruction provisions of sections 626.556, subdivision 11c, and
4.22 	626.557, subdivision 12b.
4.23 	(h) Upon request, not public data collected, maintained,
4.24 	used, or disseminated under this subdivision that relate to or
4.25 	are derived from a report of substantiated maltreatment as
4.26 	defined in section 626.556 or 626.557 may be exchanged with the
4.27 	Department of Health for purposes of completing background
4.28 	studies pursuant to section 144.057 and with the Department of
4.29 	Corrections for purposes of completing background studies
4.30 	pursuant to section 241.021.
4.31 	(i) Data on individuals collected according to licensing
4.32 	activities under chapters 245A and 245C, and data on individuals
4.33 	collected by the commissioner of human services according to
4.34 	maltreatment investigations under sections 626.556 and 626.557,
4.35 	may be shared with the Department of Human Rights, the
4.36 	Department of Health, the Department of Corrections, the
5.1 	Ombudsman for Mental Health and Retardation, and the
5.2 	individual's professional regulatory board when there is reason
5.3 	to believe that laws or standards under the jurisdiction of
5.4 	those agencies may have been violated.
5.5 	(j) In addition to the notice of determinations required
5.6 	under section 626.556, subdivision 10f, if the commissioner or
5.7 	the local social services agency has determined that an
5.8 	individual is a substantiated perpetrator of maltreatment of a
5.9 	child based on sexual abuse, as defined in section 626.556,
5.10 	subdivision 2, and the commissioner or local social services
5.11 	agency knows that the individual is a person responsible for a
5.12 	child's care in another facility, the commissioner or local
5.13 	social services agency shall notify the head of that facility of
5.14 	this determination.  The notification must include an
5.15 	explanation of the individual's available appeal rights and the
5.16 	status of any appeal.  If a notice is given under this
5.17 	paragraph, the government entity making the notification shall
5.18 	provide a copy of the notice to the individual who is the
5.19 	subject of the notice.
5.20 	(k) All not public data collected, maintained, used, or
5.21 	disseminated under this subdivision and subdivision 3 may be
5.22 	exchanged between the Department of Human Services, Licensing
5.23 	Division, and the Department of Corrections for purposes of
5.24 	regulating services for which the Department of Human Services
5.25 	and the Department of Corrections have regulatory authority.

5.26 	Sec. 2. Minnesota Statutes 2004, section 243.166,
5.27 	subdivision 7, is amended to read:
5.28 		Subd. 7.Use of information data.  Except as otherwise
5.29 	provided in subdivision 7a or sections 244.052 and 299C.093, the
5.30 	information data provided under this section is private data on
5.31 	individuals under section 13.02, subdivision 12.  The
5.32 	information data may be used only for law enforcement and
5.33 	corrections purposes. State-operated services, as defined in
5.34 	section 246.014, is also authorized to have access to the data
5.35 	for the purposes described in section 246.13, subdivision 2,
5.36 	paragraph (b).

6.1 	Sec. 3. Minnesota Statutes 2004, section 245A.02,
6.2 	subdivision 17, is amended to read:
6.3 		Subd. 17.School age child care program.  "School age
6.4 	child care program" means a program licensed or required to be
6.5 	licensed as a child care center, serving more than ten children
6.6 	with the primary purpose of providing child care for school age
6.7 	children. School age child care program does not include
6.8 	programs such as scouting, boys clubs, girls clubs, nor sports
6.9 	or art programs.

6.10 	Sec. 4. Minnesota Statutes 2004, section 245A.03,
6.11 	subdivision 2, is amended to read:
6.12 		Subd. 2.Exclusion from licensure.  (a) This chapter does
6.13 	not apply to:
6.14 	(1) residential or nonresidential programs that are
6.15 	provided to a person by an individual who is related unless the
6.16 	residential program is a child foster care placement made by a
6.17 	local social services agency or a licensed child-placing agency,
6.18 	except as provided in subdivision 2a;
6.19 	(2) nonresidential programs that are provided by an
6.20 	unrelated individual to persons from a single related family;
6.21 	(3) residential or nonresidential programs that are
6.22 	provided to adults who do not abuse chemicals or who do not have
6.23 	a chemical dependency, a mental illness, mental retardation or a
6.24 	related condition, a functional impairment, or a physical
6.25 	handicap;
6.26 	(4) sheltered workshops or work activity programs that are
6.27 	certified by the commissioner of economic security;
6.28 	(5) programs operated by a public school for children 33
6.29 	months or older;
6.30 	(6) nonresidential programs primarily for children that
6.31 	provide care or supervision for periods of less than three hours
6.32 	a day while the child's parent or legal guardian is in the same
6.33 	building as the nonresidential program or present within another
6.34 	building that is directly contiguous to the building in which
6.35 	the nonresidential program is located;
6.36 	(7) nursing homes or hospitals licensed by the commissioner
7.1 	of health except as specified under section 245A.02;
7.2 	(8) board and lodge facilities licensed by the commissioner
7.3 	of health that provide services for five or more persons whose
7.4 	primary diagnosis is mental illness that do not provide
7.5 	intensive residential treatment;
7.6 	(9) homes providing programs for persons placed there by a
7.7 	licensed agency for legal adoption, unless the adoption is not
7.8 	completed within two years;
7.9 	(10) programs licensed by the commissioner of corrections;
7.10 	(11) recreation programs for children or adults that are
7.11 	operated or approved by a park and recreation board whose
7.12 	primary purpose is to provide social and recreational
7.13 	activities;
7.14 	(12) programs operated by a school as defined in section
7.15 	120A.22, subdivision 4, whose primary purpose is to provide
7.16 	child care to school-age children;
7.17 	(13) Head Start nonresidential programs which operate for
7.18 	less than 31 45 days in each calendar year;
7.19 	(14) noncertified boarding care homes unless they provide
7.20 	services for five or more persons whose primary diagnosis is
7.21 	mental illness or mental retardation;
7.22 	(15) programs for children such as scouting, boys clubs,
7.23 	girls clubs, and sports and art programs, and nonresidential
7.24 	programs for children provided for a cumulative total of less
7.25 	than 30 days in any 12-month period;
7.26 	(16) residential programs for persons with mental illness,
7.27 	that are located in hospitals;
7.28 	(17) the religious instruction of school-age children;
7.29 	Sabbath or Sunday schools; or the congregate care of children by
7.30 	a church, congregation, or religious society during the period
7.31 	used by the church, congregation, or religious society for its
7.32 	regular worship;
7.33 	(18) camps licensed by the commissioner of health under
7.34 	Minnesota Rules, chapter 4630;
7.35 	(19) mental health outpatient services for adults with
7.36 	mental illness or children with emotional disturbance;
8.1 	(20) residential programs serving school-age children whose
8.2 	sole purpose is cultural or educational exchange, until the
8.3 	commissioner adopts appropriate rules;
8.4 	(21) unrelated individuals who provide out-of-home respite
8.5 	care services to persons with mental retardation or related
8.6 	conditions from a single related family for no more than 90 days
8.7 	in a 12-month period and the respite care services are for the
8.8 	temporary relief of the person's family or legal representative;
8.9 	(22) respite care services provided as a home and
8.10 	community-based service to a person with mental retardation or a
8.11 	related condition, in the person's primary residence;
8.12 	(23) community support services programs as defined in
8.13 	section 245.462, subdivision 6, and family community support
8.14 	services as defined in section 245.4871, subdivision 17;
8.15 	(24) the placement of a child by a birth parent or legal
8.16 	guardian in a preadoptive home for purposes of adoption as
8.17 	authorized by section 259.47;
8.18 	(25) settings registered under chapter 144D which provide
8.19 	home care services licensed by the commissioner of health to
8.20 	fewer than seven adults; or
8.21 	(26) consumer-directed community support service funded
8.22 	under the Medicaid waiver for persons with mental retardation
8.23 	and related conditions when the individual who provided the
8.24 	service is:
8.25 	(i) the same individual who is the direct payee of these
8.26 	specific waiver funds or paid by a fiscal agent, fiscal
8.27 	intermediary, or employer of record; and
8.28 	(ii) not otherwise under the control of a residential or
8.29 	nonresidential program that is required to be licensed under
8.30 	this chapter when providing the service.
8.31 	(b) For purposes of paragraph (a), clause (6), a building
8.32 	is directly contiguous to a building in which a nonresidential
8.33 	program is located if it shares a common wall with the building
8.34 	in which the nonresidential program is located or is attached to
8.35 	that building by skyway, tunnel, atrium, or common roof.
8.36 	(c) Nothing in this chapter shall be construed to require
9.1 	licensure for any services provided and funded according to an
9.2 	approved federal waiver plan where licensure is specifically
9.3 	identified as not being a condition for the services and funding.

9.4 	Sec. 5. Minnesota Statutes 2004, section 245A.03,
9.5 	subdivision 3, is amended to read:
9.6 		Subd. 3.Unlicensed programs.  (a) It is a misdemeanor
9.7 	for an individual, corporation, partnership, voluntary
9.8 	association, other organization, or a controlling individual to
9.9 	provide a residential or nonresidential program without a
9.10 	license and in willful disregard of this chapter unless the
9.11 	program is excluded from licensure under subdivision 2.
9.12 	(b) The commissioner may ask the appropriate county
9.13 	attorney or the attorney general to begin proceedings to secure
9.14 	a court order against the continued operation of the program, if
9.15 	an individual, corporation, partnership, voluntary association,
9.16 	other organization, or controlling individual has:
9.17 	(1) failed to apply for a license after receiving notice
9.18 	that a license is required or continues to operate without a
9.19 	license after receiving notice that a license is required;
9.20 	(2) continued to operate without a license after the
9.21 	license has been revoked or suspended under section 245A.07, and
9.22 	the commissioner has issued a final order affirming the
9.23 	revocation or suspension, or the license holder did not timely
9.24 	appeal the sanction; or
9.25 	(3) continued to operate without a license after the
9.26 	license has been temporarily suspended under section 245A.07.
9.27 	The county attorney and the attorney general have a duty to
9.28 	cooperate with the commissioner.

9.29 	Sec. 6. Minnesota Statutes 2004, section 245A.04,
9.30 	subdivision 7, is amended to read:
9.31 		Subd. 7.Issuance of a license; extension of a license.
 9.32 	(a) If the commissioner determines that the program complies
9.33 	with all applicable rules and laws, the commissioner shall issue
9.34 	a license.  At minimum, the license shall state:
9.35 	(1) the name of the license holder;
9.36 	(2) the address of the program;
10.1 	(3) the effective date and expiration date of the license;
10.2 	(4) the type of license;
10.3 	(5) the maximum number and ages of persons that may receive
10.4 	services from the program; and
10.5 	(6) any special conditions of licensure.
10.6 	(b) The commissioner may issue an initial license for a
10.7 	period not to exceed two years if:
10.8 	(1) the commissioner is unable to conduct the evaluation or
10.9 	observation required by subdivision 4, paragraph (a), clauses (3)
10.10 	and (4), because the program is not yet operational;
10.11 	(2) certain records and documents are not available because
10.12 	persons are not yet receiving services from the program; and
10.13 	(3) the applicant complies with applicable laws and rules
10.14 	in all other respects.
10.15 	(c) A decision by the commissioner to issue a license does
10.16 	not guarantee that any person or persons will be placed or cared
10.17 	for in the licensed program.  A license shall not be
10.18 	transferable to another individual, corporation, partnership,
10.19 	voluntary association, other organization, or controlling or to
10.20 	another location.
10.21 	(d) A license holder must notify the commissioner and
10.22 	obtain the commissioner's approval before making any changes
10.23 	that would alter the license information listed under paragraph
10.24 	(a).
10.25 	(e) The commissioner shall not issue a license if the
10.26 	applicant, license holder, or controlling individual has:
10.27 	(1) been disqualified and the disqualification was not set
10.28 	aside;
10.29 	(2) has been denied a license within the past two years; or
10.30 	(3) had a license revoked within the past five years.
10.31 	(f) The commissioner shall not issue a license if an
10.32 	individual living in the household where the licensed services
10.33 	will be provided as specified under section 245C.03, subdivision
10.34 	1, has been disqualified and the disqualification has not been
10.35 	set aside.
10.36 	For purposes of reimbursement for meals only, under the
11.1 	Child and Adult Care Food Program, Code of Federal Regulations,
11.2 	title 7, subtitle B, chapter II, subchapter A, part 226,
11.3 	relocation within the same county by a licensed family day care
11.4 	provider, shall be considered an extension of the license for a
11.5 	period of no more than 30 calendar days or until the new license
11.6 	is issued, whichever occurs first, provided the county agency
11.7 	has determined the family day care provider meets licensure
11.8 	requirements at the new location.
11.9 	Unless otherwise specified by statute, all licenses expire
11.10 	at 12:01 a.m. on the day after the expiration date stated on the
11.11 	license.  A license holder must apply for and be granted a new
11.12 	license to operate the program or the program must not be
11.13 	operated after the expiration date.

11.14 	Sec. 7. Minnesota Statutes 2004, section 245A.04,
11.15 	subdivision 13, is amended to read:
11.16 		Subd. 13.residential programs handling resident funds
11.17 	and property; additional requirements.  (a) A license holder
11.18 	must ensure that residents persons served by the program retain
11.19 	the use and availability of personal funds or property unless
11.20 	restrictions are justified in the resident's person's individual
11.21 	plan. This subdivision does not apply to programs governed by
11.22 	the provisions in section 245B.07, subdivision 10.
11.23 	(b) The license holder must ensure separation of resident 
11.24 	funds of persons served by the program from funds of the license
11.25 	holder, the residential program, or program staff.
11.26 	(c) Whenever the license holder assists a resident person
11.27 	served by the program with the safekeeping of funds or other
11.28 	property, the license holder must:
11.29 	(1) immediately document receipt and disbursement of the
11.30 	resident's person's funds or other property at the time of
11.31 	receipt or disbursement, including the person's signature of the
11.32 	resident, or the signature of the conservator,or payee; and 
11.33 	(2) provide a statement, at least quarterly, itemizing
11.34 	receipts and disbursements of resident funds or other property;
11.35 	and 
11.36 	(3) return to the resident person upon the
12.1 	resident's person's request, funds and property in the license
12.2 	holder's possession subject to restrictions in the resident's 
12.3 	person's treatment plan, as soon as possible, but no later than
12.4 	three working days after the date of request.
12.5 	(d) License holders and program staff must not:
12.6 	(1) borrow money from a resident person served by the
12.7 	program;
12.8 	(2) purchase personal items from a resident person served
12.9 	by the program;
12.10 	(3) sell merchandise or personal services to a resident 
12.11 	person served by the program;
12.12 	(4) require a resident person served by the program to
12.13 	purchase items for which the license holder is eligible for
12.14 	reimbursement; or
12.15 	(5) use resident funds of persons served by the program to
12.16 	purchase items for which the facility is already receiving
12.17 	public or private payments.

12.18 	Sec. 8. Minnesota Statutes 2004, section 245A.07,
12.19 	subdivision 1, is amended to read:
12.20 		Subdivision 1.Sanctions available; appeals; temporary
12.21 	provisional license. (a) In addition to making a license
12.22 	conditional under section 245A.06, the commissioner may propose
12.23 	to suspend or revoke the license, impose a fine, or secure an
12.24 	injunction against the continuing operation of the program of a
12.25 	license holder who does not comply with applicable law or rule.
12.26 	When applying sanctions authorized under this section, the
12.27 	commissioner shall consider the nature, chronicity, or severity
12.28 	of the violation of law or rule and the effect of the violation
12.29 	on the health, safety, or rights of persons served by the
12.30 	program.
12.31 	(b) If a license holder appeals the suspension or
12.32 	revocation of a license and the license holder continues to
12.33 	operate the program pending a final order on the appeal, and the
12.34 	license expires during this time period, the commissioner shall
12.35 	issue the license holder a temporary provisional license.  The
12.36 	temporary provisional license is effective on the date issued
13.1 	and expires on the date that a final order is issued.  Unless
13.2 	otherwise specified by the commissioner, variances in effect on
13.3 	the date of the license sanction under appeal continue under the
13.4 	temporary provisional license.  If a license holder fails to
13.5 	comply with applicable law or rule while operating under a
13.6 	temporary provisional license, the commissioner may impose
13.7 	sanctions under this section and section 245A.06, and may
13.8 	terminate any prior variance.  If the license holder prevails on
13.9 	the appeal and the effective period of the previous license has
13.10 	expired, a new license shall be issued to the license holder
13.11 	upon payment of any fee required under section 245A.10.  The
13.12 	effective date of the new license shall be retroactive to the
13.13 	date the license would have shown had no sanction been
13.14 	initiated.  The expiration date shall be the expiration date of
13.15 	that license had no license sanction been initiated.
13.16 	(c) If a license holder is under investigation and the
13.17 	license is due to expire before completion of the investigation,
13.18 	the program shall be issued a new license upon completion of the
13.19 	reapplication requirements.  Upon completion of the
13.20 	investigation, a licensing sanction may be imposed against the
13.21 	new license under this section, section 245A.06, or 245A.08.
13.22 	(d) Failure to reapply or closure of a license by the
13.23 	license holder prior to the completion of any investigation
13.24 	shall not preclude the commissioner from issuing a licensing
13.25 	sanction under this section, section 245A.06, or 245A.08 at the
13.26 	conclusion of the investigation.

13.27 	Sec. 9. Minnesota Statutes 2004, section 245A.07,
13.28 	subdivision 3, is amended to read:
13.29 		Subd. 3.License suspension, revocation, or fine. (a) 
13.30 	The commissioner may suspend or revoke a license, or impose a
13.31 	fine if a license holder fails to comply fully with applicable
13.32 	laws or rules, if a license holder or an individual living in
13.33 	the household where the licensed services are provided has a
13.34 	disqualification which has not been set aside under section
13.35 	245C.22, or if a license holder knowingly withholds relevant
13.36 	information from or gives false or misleading information to the
14.1 	commissioner in connection with an application for a license, in
14.2 	connection with the background study status of an individual, or
14.3 	during an investigation.  A license holder who has had a license
14.4 	suspended, revoked, or has been ordered to pay a fine must be
14.5 	given notice of the action by certified mail or personal
14.6 	service.  If mailed, the notice must be mailed to the address
14.7 	shown on the application or the last known address of the
14.8 	license holder.  The notice must state the reasons the license
14.9 	was suspended, revoked, or a fine was ordered.
14.10 	(a) (b) If the license was suspended or revoked, the notice
14.11 	must inform the license holder of the right to a contested case
14.12 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
14.13 	1400.8612.  The license holder may appeal an order suspending or
14.14 	revoking a license.  The appeal of an order suspending or
14.15 	revoking a license must be made in writing by certified mail or
14.16 	personal service.  If mailed, the appeal must be postmarked and
14.17 	sent to the commissioner within ten calendar days after the
14.18 	license holder receives notice that the license has been
14.19 	suspended or revoked.  If a request is made by personal service,
14.20 	it must be received by the commissioner within ten calendar days
14.21 	after the license holder received the order.  Except as provided
14.22 	in subdivision 2a, paragraph (c), a timely appeal of an order
14.23 	suspending or revoking a license shall stay the suspension or
14.24 	revocation until the commissioner issues a final order.
14.25 	(b) (c) (1) If the license holder was ordered to pay a fine,
14.26 	the notice must inform the license holder of the responsibility
14.27 	for payment of fines and the right to a contested case hearing
14.28 	under chapter 14 and Minnesota Rules, parts 1400.8505 to
14.29 	1400.8612.  The appeal of an order to pay a fine must be made in
14.30 	writing by certified mail or personal service.  If mailed, the
14.31 	appeal must be postmarked and sent to the commissioner within
14.32 	ten calendar days after the license holder receives notice that
14.33 	the fine has been ordered.  If a request is made by personal
14.34 	service, it must be received by the commissioner within ten
14.35 	calendar days after the license holder received the order.
14.36 	(2) The license holder shall pay the fines assessed on or
15.1 	before the payment date specified.  If the license holder fails
15.2 	to fully comply with the order, the commissioner may issue a
15.3 	second fine or suspend the license until the license holder
15.4 	complies.  If the license holder receives state funds, the
15.5 	state, county, or municipal agencies or departments responsible
15.6 	for administering the funds shall withhold payments and recover
15.7 	any payments made while the license is suspended for failure to
15.8 	pay a fine.  A timely appeal shall stay payment of the fine
15.9 	until the commissioner issues a final order.
15.10 	(3) A license holder shall promptly notify the commissioner
15.11 	of human services, in writing, when a violation specified in the
15.12 	order to forfeit a fine is corrected.  If upon reinspection the
15.13 	commissioner determines that a violation has not been corrected
15.14 	as indicated by the order to forfeit a fine, the commissioner
15.15 	may issue a second fine.  The commissioner shall notify the
15.16 	license holder by certified mail or personal service that a
15.17 	second fine has been assessed.  The license holder may appeal
15.18 	the second fine as provided under this subdivision.
15.19 	(4) Fines shall be assessed as follows:  the license holder
15.20 	shall forfeit $1,000 for each determination of maltreatment of a
15.21 	child under section 626.556 or the maltreatment of a vulnerable
15.22 	adult under section 626.557; the license holder shall forfeit
15.23 	$200 for each occurrence of a violation of law or rule governing
15.24 	matters of health, safety, or supervision, including but not
15.25 	limited to the provision of adequate staff-to-child or adult
15.26 	ratios, and failure to submit a background study; and the
15.27 	license holder shall forfeit $100 for each occurrence of a
15.28 	violation of law or rule other than those subject to a $1,000 or
15.29 	$200 fine above.  For purposes of this section, "occurrence"
15.30 	means each violation identified in the commissioner's fine order.
15.31 	(5) When a fine has been assessed, the license holder may
15.32 	not avoid payment by closing, selling, or otherwise transferring
15.33 	the licensed program to a third party.  In such an event, the
15.34 	license holder will be personally liable for payment.  In the
15.35 	case of a corporation, each controlling individual is personally
15.36 	and jointly liable for payment.

16.1 	Sec. 10. Minnesota Statutes 2004, section 245A.08,
16.2 	subdivision 2a, is amended to read:
16.3 		Subd. 2a.Consolidated contested case hearings for
16.4 	sanctions based on maltreatment determinations and
16.5 	disqualifications.  (a) When a denial of a license under section
16.6 	245A.05 or a licensing sanction under section 245A.07,
16.7 	subdivision 3, is based on a disqualification for which
16.8 	reconsideration was requested and which was not set aside under
16.9 	section 245C.22, the scope of the contested case hearing shall
16.10 	include the disqualification and the licensing sanction or
16.11 	denial of a license.  When the licensing sanction or denial of a
16.12 	license is based on a determination of maltreatment under
16.13 	section 626.556 or 626.557, or a disqualification for serious or
16.14 	recurring maltreatment which was not set aside, the scope of the
16.15 	contested case hearing shall include the maltreatment
16.16 	determination, disqualification, and the licensing sanction or
16.17 	denial of a license.  In such cases, a fair hearing under
16.18 	section 256.045 shall not be conducted as provided for in
16.19 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d.
16.20 	When a fine is based on a determination that the license holder
16.21 	is responsible for maltreatment and the fine is issued at the
16.22 	same time as the maltreatment determination, if the license
16.23 	holder appeals the maltreatment and fine, the scope of the
16.24 	contested case hearing shall include the maltreatment
16.25 	determination and fine and reconsideration of the maltreatment
16.26 	determination shall not be conducted as provided for in sections
16.27 	626.556, subdivision 10i, and 626.557, subdivision 9d.
16.28 	(b) In consolidated contested case hearings regarding
16.29 	sanctions issued in family child care, child foster care, family
16.30 	adult day services,and adult foster care, the county attorney
16.31 	shall defend the commissioner's orders in accordance with
16.32 	section 245A.16, subdivision 4.
16.33 	(c) The commissioner's final order under subdivision 5 is
16.34 	the final agency action on the issue of maltreatment and
16.35 	disqualification, including for purposes of subsequent
16.36 	background studies under chapter 245C and is the only
17.1 	administrative appeal of the final agency determination,
17.2 	specifically, including a challenge to the accuracy and
17.3 	completeness of data under section 13.04.
17.4 	(d) When consolidated hearings under this subdivision
17.5 	involve a licensing sanction based on a previous maltreatment
17.6 	determination for which the commissioner has issued a final
17.7 	order in an appeal of that determination under section 256.045,
17.8 	or the individual failed to exercise the right to appeal the
17.9 	previous maltreatment determination under section 626.556,
17.10 	subdivision 10i, or 626.557, subdivision 9d, the commissioner's
17.11 	order is conclusive on the issue of maltreatment.  In such
17.12 	cases, the scope of the administrative law judge's review shall
17.13 	be limited to the disqualification and the licensing sanction or
17.14 	denial of a license.  In the case of a denial of a license or a
17.15 	licensing sanction issued to a facility based on a maltreatment
17.16 	determination regarding an individual who is not the license
17.17 	holder or a household member, the scope of the administrative
17.18 	law judge's review includes the maltreatment determination.
17.19 	(e) If a maltreatment determination or disqualification,
17.20 	which was not set aside under section 245C.22, is the basis for
17.21 	a denial of a license under section 245A.05 or a licensing
17.22 	sanction under section 245A.07, and the disqualified subject is
17.23 	an individual other than the license holder and upon whom a
17.24 	background study must be conducted under section 245C.03, the
17.25 	hearings of all parties may be consolidated into a single
17.26 	contested case hearing upon consent of all parties and the
17.27 	administrative law judge.
17.28 	(f) Notwithstanding section 245C.27, subdivision 1,
17.29 	paragraph (c), when a denial of a license under section 245A.05
17.30 	or a licensing sanction under section 245A.07 is based on a
17.31 	disqualification for which reconsideration was requested and was
17.32 	not set aside under section 245C.22, and the disqualification
17.33 	was based on a conviction or an admission to any crimes listed
17.34 	in section 245C.15, the scope of the administrative law judge's
17.35 	review shall include the denial or sanction and a determination
17.36 	whether the disqualification should be set aside.  In
18.1 	determining whether the disqualification should be set aside,
18.2 	the administrative law judge shall consider the factors under
18.3 	section 245C.22, subdivision 4, to determine whether the
18.4 	individual poses a risk of harm to any person receiving services
18.5 	from the license holder.
18.6 	(g) Notwithstanding section 245C.30, subdivision 5, when a
18.7 	licensing sanction under section 245A.07 is based on the
18.8 	termination of a variance under section 245C.30, subdivision 4,
18.9 	the scope of the administrative law judge's review shall include
18.10 	the sanction and a determination whether the disqualification
18.11 	should be set aside.  In determining whether the
18.12 	disqualification should be set aside, the administrative law
18.13 	judge shall consider the factors under section 245C.22,
18.14 	subdivision 4, to determine whether the individual poses a risk
18.15 	of harm to any person receiving services from the license holder.

18.16 	Sec. 11. Minnesota Statutes 2004, section 245A.08,
18.17 	subdivision 5, is amended to read:
18.18 		Subd. 5.Notice of the commissioner's final order.  After
18.19 	considering the findings of fact, conclusions, and
18.20 	recommendations of the administrative law judge, the
18.21 	commissioner shall issue a final order.  The commissioner shall
18.22 	consider, but shall not be bound by, the recommendations of the
18.23 	administrative law judge.  The appellant must be notified of the
18.24 	commissioner's final order as required by chapter 14 and
18.25 	Minnesota Rules, parts 1400.8505 to 1400.8612.  The notice must
18.26 	also contain information about the appellant's rights under
18.27 	chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.
18.28 	The institution of proceedings for judicial review of the
18.29 	commissioner's final order shall not stay the enforcement of the
18.30 	final order except as provided in section 14.65.
18.31 		Subd. 5a.Effect of final order on granting a subsequent
18.32 	license. (a) A license holder and each controlling individual
18.33 	of a license holder whose license has been revoked because of
18.34 	noncompliance with applicable law or rule must not be granted a
18.35 	license for five years following the
18.36 	revocation. Notwithstanding the five-year restriction, when a
19.1 	license is revoked because a person, other than the license
19.2 	holder, resides in the home where services are provided and that
19.3 	person has a disqualification that is not set aside and no
19.4 	variance has been granted, the former license holder may reapply
19.5 	for a license when:
19.6 	(1) the person with a disqualification, who is not a minor
19.7 	child, is no longer residing in the home and is prohibited from
19.8 	residing in or returning to the home; or 
19.9 	(2) the person with the disqualification is a minor child,
19.10 	the restriction applies until the minor child becomes an adult
19.11 	and permanently moves away from the home or five years,
19.12 	whichever is less.
19.13 	(b) An applicant whose application was denied must not be
19.14 	granted a license for two years following a denial, unless the
19.15 	applicant's subsequent application contains new information
19.16 	which constitutes a substantial change in the conditions that
19.17 	caused the previous denial.

19.18 	Sec. 12. Minnesota Statutes 2004, section 245A.14, is
19.19 	amended by adding a subdivision to read:
19.20 		Subd. 12.First aid training requirements for staff in
19.21 	child care centers. Notwithstanding Minnesota Rules, part
19.22 	9503.0035, subpart 2, first aid training may be less than eight
19.23 	hours and persons qualified to provide first aid training shall
19.24 	include individuals approved as first aid instructors.

19.25 	Sec. 13. Minnesota Statutes 2004, section 245A.14, is
19.26 	amended by adding a subdivision to read:
19.27 		Subd. 13.Cardiopulmonary resuscitation (cpr) training
19.28 	requirement. (a) When children are present in a child care
19.29 	center governed by Minnesota Rules, parts 9503.0005 to
19.30 	9503.0170, or in a family child care home governed by Minnesota
19.31 	Rules, parts 9502.0315 to 9502.0445, at least one staff person
19.32 	must be present in the center or home who as been trained in
19.33 	cardiopulmonary resuscitation (CPR) and in the treatment of
19.34 	obstructed airways.  The CPR training must have been provided by
19.35 	an individual approved to provide CPR instruction, must be
19.36 	repeated at least once every three years, and must be documented
20.1 	in the staff person's records.
20.2 	(b) Notwithstanding Minnesota Rules, part 9503.0035,
20.3 	subpart 3, item A, cardiopulmonary resuscitation training may be
20.4 	provided for less than four hours.
20.5 	(c) Notwithstanding Minnesota Rules, part 9503.0035,
20.6 	subpart 3, item C, persons qualified to provide cardiopulmonary
20.7 	resuscitation training shall include individuals approved as
20.8 	cardiopulmonary resuscitation instructors.
20.9 	
EFFECTIVE DATE. This section is effective January 1, 2006.

20.10 	Sec. 14. Minnesota Statutes 2004, section 245A.144, is
20.11 	amended to read:
20.12 	245A.144 REDUCTION OF RISK OF SUDDEN INFANT DEATH SYNDROME
20.13 	AND SHAKEN BABY SYNDROME IN CHILD CARE AND CHILD FOSTER CARE 
20.14 	PROGRAMS.
20.15 	(a) License holders must ensure document that before staff
20.16 	persons, caregivers, and helpers assist in the care of infants,
20.17 	they receive training on reducing the risk of sudden infant
20.18 	death syndrome and shaken baby syndrome.  The training on
20.19 	reducing the risk of sudden infant death syndrome and shaken
20.20 	baby syndrome may be provided as:
20.21 	(1) orientation training to child care center staff under
20.22 	Minnesota Rules, part 9503.0035, subpart 1, as and to child
20.23 	foster care providers, who care for infants, under Minnesota
20.24 	Rules, part 2960.3070, subpart 1;
20.25 	(2) initial training to family and group family child care
20.26 	providers under Minnesota Rules, part 9502.0385, subpart 2, as ;
20.27 	(3) in-service training to child care center staff under
20.28 	Minnesota Rules, part 9503.0035, subpart 4, and to child foster
20.29 	care providers, who care for infants, under Minnesota Rules,
20.30 	part 2960.3070, subpart 2;or as 
20.31 	(4) ongoing training to family and group family child care
20.32 	providers under Minnesota Rules, part 9502.0385, subpart 3.
20.33 	(b) Training required under this section must be at least
20.34 	one hour in length and must be completed at least once every
20.35 	five years.  At a minimum, the training must address the risk
20.36 	factors related to sudden infant death syndrome and shaken baby
21.1 	syndrome, means of reducing the risk of sudden infant death
21.2 	syndrome and shaken baby syndrome in child care, and license
21.3 	holder communication with parents regarding reducing the risk of
21.4 	sudden infant death syndrome and shaken baby syndrome.
21.5 	(c) Training for family and group family child care
21.6 	providers must be approved by the county licensing agency
21.7 	according to Minnesota Rules, part 9502.0385.
21.8 	(d) Training for child foster care providers must be
21.9 	approved by the county licensing agency and fulfills, in part,
21.10 	training required under Minnesota Rules, part 2960.3070.

21.11 	EFFECTIVE DATE. This section is effective January 1, 2006.

21.12 	Sec. 15. Minnesota Statutes 2004, section 245A.16,
21.13 	subdivision 4, is amended to read:
21.14 		Subd. 4.Enforcement of the commissioner's orders.  The
21.15 	county or private agency shall enforce the commissioner's orders
21.16 	under sections 245A.07, 245A.08, subdivision 5, and chapter
21.17 	245C, according to the instructions of the commissioner.  The
21.18 	county attorney shall assist the county agency in the
21.19 	enforcement and defense of the commissioner's orders under
21.20 	sections 245A.07, 245A.08, and chapter 245C, according to the
21.21 	instructions of the commissioner, unless a conflict of interest
21.22 	exists between the county attorney and the commissioner. For
21.23 	purposes of this section, a conflict of interest means that the
21.24 	county attorney has a direct or shared financial interest with
21.25 	the license holder or has a personal relationship or family
21.26 	relationship with a party in the licensing action.

21.27 	Sec. 16. Minnesota Statutes 2004, section 245A.18, is
21.28 	amended to read:
21.29 	245A.18  SEAT BELT USE REQUIRED CHILD PASSENGER RESTRAINT
21.30 	SYSTEMS; TRAINING REQUIREMENT.
21.31 	(a) When a nonresidential license holder provides or
21.32 	arranges for transportation for children served by the license
21.33 	holder, children four years old and older must be restrained by
21.34 	a properly adjusted and fastened seat belt and children under
21.35 	age four must be properly fastened in a child passenger
21.36 	restraint system meeting federal motor vehicle safety
22.1 	standards.  A child passenger restraint system is not required
22.2 	for a child who, in the judgment of a licensed physician, cannot
22.3 	be safely transported in a child passenger restraint system
22.4 	because of a medical condition, body size, or physical
22.5 	disability, if the license holder possesses a written statement
22.6 	from the physician that satisfies the requirements in section
22.7 	169.685, subdivision 6, paragraph (b).
22.8 	(b) Paragraph (a) does not apply to transportation of
22.9 	children in a school bus inspected under section 169.451 that
22.10 	has a gross vehicle weight rating of more than 10,000 pounds, is
22.11 	designed for carrying more than ten persons, and was
22.12 	manufactured after 1977.
22.13 	(a) Family and group family child care, child care centers,
22.14 	child foster care, and other programs licensed by the Department
22.15 	of Human Services that serve a child or children under four
22.16 	years of age must document training that fulfills the
22.17 	requirements in this subdivision.
22.18 	(b) Before a license holder, staff person, caregiver, or
22.19 	helper transports a child or children under age four in a motor
22.20 	vehicle, the person transporting the child must satisfactorily
22.21 	complete training on the proper use and installation of child
22.22 	restraint systems in motor vehicles.  Training completed under
22.23 	this section may be used to meet initial or ongoing training
22.24 	under the following:
22.25 	(1) Minnesota Rules, part 2960.3070, subparts 1 and 2;
22.26 	(2) Minnesota Rules, part 9502.0385, subparts 2 and 3; and 
22.27 	(3) Minnesota Rules, part 9503.0035, subparts 1 and 4.
22.28 	(c) Training required under this section must be at least
22.29 	one hour in length, completed at orientation or initial
22.30 	training, and repeated at least once every five years.  At a
22.31 	minimum, the training must address the proper use of child
22.32 	restraint systems based on the child's size, weight, and age,
22.33 	and the proper installation of a car seat or booster seat in the
22.34 	motor vehicle used by the license holder to transport the child
22.35 	or children.
22.36 	(d) Training under paragraph (c) must be provided by
23.1 	individuals who are certified and approved by the Department of
23.2 	Public Safety, Office of Traffic Safety.  License holders may
23.3 	obtain a list of certified and approved trainers through the
23.4 	Department of Public Safety Web site or by contacting the agency.

23.5 	EFFECTIVE DATE. This section is effective January 1, 2006.

23.6 	Sec. 17. Minnesota Statutes 2004, section 245B.02,
23.7 	subdivision 10, is amended to read:
23.8 		Subd. 10.Incident.  "Incident" means any of the
23.9 	following:
23.10 	(1) serious injury as determined by section 245.91,
23.11 	subdivision 6;
23.12 	(2) a consumer's death;
23.13 	(3) any medical emergencies, unexpected serious illnesses,
23.14 	or accidents that require physician treatment or
23.15 	hospitalization;
23.16 	(4) a consumer's unauthorized absence;
23.17 	(5) any fires or other events that require the relocation
23.18 	of services for more than 24 hours, or circumstances involving a
23.19 	law enforcement agency or fire department related to the health,
23.20 	safety, or supervision of a consumer;
23.21 	(6) physical aggression by a consumer against another
23.22 	consumer that causes physical pain, injury, or persistent
23.23 	emotional distress, including, but not limited to, hitting,
23.24 	slapping, kicking, scratching, pinching, biting, pushing, and
23.25 	spitting;
23.26 	(7) any sexual activity between consumers involving force
23.27 	or coercion as defined under section 609.341, subdivisions 3 and
23.28 	14; or
23.29 	(8) a report of child or vulnerable adult maltreatment
23.30 	under section 626.556 or 626.557.

23.31 	Sec. 18. Minnesota Statutes 2004, section 245B.055,
23.32 	subdivision 7, is amended to read:
23.33 		Subd. 7.Determining number of direct service staff
23.34 	required.  The minimum number of direct service staff members
23.35 	required at any one time to meet the combined staff ratio
23.36 	requirements of the persons present at that time can be
24.1 	determined by following the steps in clauses (1) through (4):
24.2 	(1) assign each person in attendance the three-digit
24.3 	decimal below that corresponds to the staff ratio requirement
24.4 	assigned to that person.  A staff ratio requirement of one to
24.5 	four equals 0.250.  A staff ratio requirement of one to eight
24.6 	equals 0.125.  A staff ratio requirement of one to six equals
24.7 	0.166.  A staff ratio requirement of one to ten equals 0.100;
24.8 	(2) add all of the three-digit decimals (one three-digit
24.9 	decimal for every person in attendance) assigned in clause (1);
24.10 	(3) when the sum in clause (2) falls between two whole
24.11 	numbers, round off the sum to the larger of the two whole
24.12 	numbers; and
24.13 	(4) the larger of the two whole numbers in clause (3)
24.14 	equals the number of direct service staff members needed to meet
24.15 	the staff ratio requirements of the persons in attendance.

24.16 	Sec. 19. Minnesota Statutes 2004, section 245B.07,
24.17 	subdivision 8, is amended to read:
24.18 		Subd. 8.Policies and procedures.  The license holder
24.19 	must develop and implement the policies and procedures in
24.20 	paragraphs (1) to (3).
24.21 	(1) Policies and procedures that promote consumer health
24.22 	and safety by ensuring:
24.23 	(i) consumer safety in emergency situations as identified
24.24 	in section 245B.05, subdivision 7;
24.25 	(ii) consumer health through sanitary practices;
24.26 	(iii) safe transportation, when the license holder is
24.27 	responsible for transportation of consumers, with provisions for
24.28 	handling emergency situations;
24.29 	(iv) a system of record keeping for both individuals and
24.30 	the organization, for review of incidents and emergencies, and
24.31 	corrective action if needed;
24.32 	(v) a plan for responding to all incidents, as defined in
24.33 	section 245B.02, subdivision 10, fires, severe weather and
24.34 	natural disasters, bomb threats, and other threats and reporting
24.35 	all incidents required to be reported under section 245B.05,
24.36 	subdivision 7;
25.1 	(vi) safe medication administration as identified in
25.2 	section 245B.05, subdivision 5, incorporating an observed skill
25.3 	assessment to ensure that staff demonstrate the ability to
25.4 	administer medications consistent with the license holder's
25.5 	policy and procedures;
25.6 	(vii) psychotropic medication monitoring when the consumer
25.7 	is prescribed a psychotropic medication, including the use of
25.8 	the psychotropic medication use checklist.  If the
25.9 	responsibility for implementing the psychotropic medication use
25.10 	checklist has not been assigned in the individual service plan
25.11 	and the consumer lives in a licensed site, the residential
25.12 	license holder shall be designated; and
25.13 	(viii) criteria for admission or service initiation
25.14 	developed by the license holder;.
25.15 	(2) Policies and procedures that protect consumer rights
25.16 	and privacy by ensuring:
25.17 	(i) consumer data privacy, in compliance with the Minnesota
25.18 	Data Practices Act, chapter 13; and
25.19 	(ii) that complaint procedures provide consumers with a
25.20 	simple process to bring grievances and consumers receive a
25.21 	response to the grievance within a reasonable time period.  The
25.22 	license holder must provide a copy of the program's grievance
25.23 	procedure and time lines for addressing grievances.  The
25.24 	program's grievance procedure must permit consumers served by
25.25 	the program and the authorized representatives to bring a
25.26 	grievance to the highest level of authority in the program; and .
25.27 	(3) Policies and procedures that promote continuity and
25.28 	quality of consumer supports by ensuring:
25.29 	(i) continuity of care and service coordination, including
25.30 	provisions for service termination, temporary service
25.31 	suspension, and efforts made by the license holder to coordinate
25.32 	services with other vendors who also provide support to the
25.33 	consumer.  The policy must include the following requirements:
25.34 	(A) the license holder must notify the consumer or
25.35 	consumer's legal representative and the consumer's case manager
25.36 	in writing of the intended termination or temporary service
26.1 	suspension and the consumer's right to seek a temporary order
26.2 	staying the termination or suspension of service according to
26.3 	the procedures in section 256.045, subdivision 4a or subdivision
26.4 	6, paragraph (c);
26.5 	(B) notice of the proposed termination of services,
26.6 	including those situations that began with a temporary service
26.7 	suspension, must be given at least 60 days before the proposed
26.8 	termination is to become effective;
26.9 	(C) the license holder must provide information requested
26.10 	by the consumer or consumer's legal representative or case
26.11 	manager when services are temporarily suspended or upon notice
26.12 	of termination;
26.13 	(D) use of temporary service suspension procedures are
26.14 	restricted to situations in which the consumer's behavior causes
26.15 	immediate and serious danger to the health and safety of the
26.16 	individual or others;
26.17 	(E) prior to giving notice of service termination or
26.18 	temporary service suspension, the license holder must document
26.19 	actions taken to minimize or eliminate the need for service
26.20 	termination or temporary service suspension; and
26.21 	(F) during the period of temporary service suspension, the
26.22 	license holder will work with the appropriate county agency to
26.23 	develop reasonable alternatives to protect the individual and
26.24 	others; and
26.25 	(ii) quality services measured through a program evaluation
26.26 	process including regular evaluations of consumer satisfaction
26.27 	and sharing the results of the evaluations with the consumers
26.28 	and legal representatives.

26.29 	Sec. 20. Minnesota Statutes 2004, section 245C.03,
26.30 	subdivision 1, is amended to read:
26.31 		Subdivision 1.Licensed programs.  (a) The commissioner
26.32 	shall conduct a background study on:
26.33 	(1) the person or persons applying for a license;
26.34 	(2) an individual age 13 and over living in the household
26.35 	where the licensed program will be provided;
26.36 	(3) current employees or contractors of the applicant who
27.1 	will have direct contact with persons served by the facility,
27.2 	agency, or program;
27.3 	(4) volunteers or student volunteers who will have direct
27.4 	contact with persons served by the program to provide program
27.5 	services if the contact is not under the continuous, direct
27.6 	supervision by an individual listed in clause (1) or (3);
27.7 	(5) an individual age ten to 12 living in the household
27.8 	where the licensed services will be provided when the
27.9 	commissioner has reasonable cause;
27.10 	(6) an individual who, without providing direct contact
27.11 	services at a licensed program, may have unsupervised access to
27.12 	children or vulnerable adults receiving services from a program
27.13 	licensed to provide:, when the commissioner has reasonable
27.14 	cause; and 
27.15 	(i) family child care for children;
27.16 	(ii) foster care for children in the provider's own home;
27.17 	or 
27.18 	(iii) foster care or day care services for adults in the
27.19 	provider's own home; and 
27.20 	(7) all managerial officials as defined under section
27.21 	245A.02, subdivision 5a.
27.22 	The commissioner must have reasonable cause to study an
27.23 	individual under this subdivision.
27.24 	(b) For family child foster care settings, a short-term
27.25 	substitute caregiver providing direct contact services for a
27.26 	child for less than 72 hours of continuous care is not required
27.27 	to receive a background study under this chapter.

27.28 	Sec. 21. Minnesota Statutes 2004, section 245C.07, is
27.29 	amended to read:
27.30 	245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE LICENSED 
27.31 	FACILITIES.
27.32 	(a) When a license holder owns multiple facilities that are
27.33 	licensed by the Department of Human Services, only one
27.34 	background study is required for an individual who provides
27.35 	direct contact services in one or more of the licensed
27.36 	facilities if:
28.1 	(1) the license holder designates one individual with one
28.2 	address and telephone number as the person to receive sensitive
28.3 	background study information for the multiple licensed programs
28.4 	that depend on the same background study; and 
28.5 	(2) the individual designated to receive the sensitive
28.6 	background study information is capable of determining, upon
28.7 	request of the department, whether a background study subject is
28.8 	providing direct contact services in one or more of the license
28.9 	holder's programs and, if so, at which location or locations.
28.10 	(b) When a background study is being initiated by a
28.11 	licensed facility or a foster care provider that is also
28.12 	registered under chapter 144D, a study subject affiliated with
28.13 	multiple licensed facilities may attach to the background study
28.14 	form a cover letter indicating the additional facilities' names,
28.15 	addresses, and background study identification numbers.
28.16 	When the commissioner receives a notice, the commissioner
28.17 	shall notify each facility identified by the background study
28.18 	subject of the study results.
28.19 	The background study notice the commissioner sends to the
28.20 	subsequent agencies shall satisfy those facilities'
28.21 	responsibilities for initiating a background study on that
28.22 	individual.

28.23 	Sec. 22. Minnesota Statutes 2004, section 245C.08,
28.24 	subdivision 1, is amended to read:
28.25 		Subdivision 1.Background studies conducted by
28.26 	commissioner of human services. (a) For a background study
28.27 	conducted by the commissioner, the commissioner shall review:
28.28 	(1) information related to names of substantiated
28.29 	perpetrators of maltreatment of vulnerable adults that has been
28.30 	received by the commissioner as required under section 626.557,
28.31 	subdivision 9c, paragraph (i);
28.32 	(2) the commissioner's records relating to the maltreatment
28.33 	of minors in licensed programs, and from county agency findings
28.34 	of maltreatment of minors as indicated through the social
28.35 	service information system;
28.36 	(3) information from juvenile courts as required in
29.1 	subdivision 4 for individuals listed in section 245C.03,
29.2 	subdivision 1, clauses (2), (5), and (6); and
29.3 	(4) information from the Bureau of Criminal Apprehension.
29.4 	(b) Notwithstanding expungement by a court, the
29.5 	commissioner may consider information obtained under paragraph
29.6 	(a), clauses (3) and (4), unless the commissioner received
29.7 	notice of the petition for expungement and the court order for
29.8 	expungement is directed specifically to the commissioner.

29.9 	Sec. 23. Minnesota Statutes 2004, section 245C.08,
29.10 	subdivision 2, is amended to read:
29.11 		Subd. 2.Background studies conducted by a county or
29.12 	private agency; foster care and family child care.  (a) For a
29.13 	background study conducted by a county or private agency for
29.14 	child foster care, adult foster care, and family child care
29.15 	homes, the commissioner shall review:
29.16 	(1) information from the county agency's record of
29.17 	substantiated maltreatment of adults and the maltreatment of
29.18 	minors;
29.19 	(2) information from juvenile courts as required in
29.20 	subdivision 4 for individuals listed in section 245C.03,
29.21 	subdivision 1, clauses (2), (5), and (6);
29.22 	(3) information from the Bureau of Criminal Apprehension;
29.23 	and
29.24 	(4) arrest and investigative records maintained by the
29.25 	Bureau of Criminal Apprehension, county attorneys, county
29.26 	sheriffs, courts, county agencies, local police, the National
29.27 	Criminal Records Repository, and criminal records from other
29.28 	states.
29.29 	(b) If the individual has resided in the county for less
29.30 	than five years, the study shall include the records specified
29.31 	under paragraph (a) for the previous county or counties of
29.32 	residence for the past five years.
29.33 	(c) Notwithstanding expungement by a court, the county or
29.34 	private agency may consider information obtained under paragraph
29.35 	(a), clauses (3) and (4), unless the commissioner received
29.36 	notice of the petition for expungement and the court order for
30.1 	expungement is directed specifically to the commissioner.

30.2 	Sec. 24. Minnesota Statutes 2004, section 245C.15,
30.3 	subdivision 1, is amended to read:
30.4 		Subdivision 1.Permanent disqualification.  (a) An
30.5 	individual is disqualified under section 245C.14 if:  (1)
30.6 	regardless of how much time has passed since the discharge of
30.7 	the sentence imposed, if any,for the offense; and (2) unless
30.8 	otherwise specified, regardless of the level of the conviction 
30.9 	offense, the individual is convicted of has committed any of the
30.10 	following offenses:  sections 609.185 (murder in the first
30.11 	degree); 609.19 (murder in the second degree); 609.195 (murder
30.12 	in the third degree); 609.20 (manslaughter in the first degree);
30.13 	609.205 (manslaughter in the second degree); 609.221 or 609.222
30.14 	(assault in the first or second degree); a felony offense under
30.15 	sections 609.2242 and 609.2243 (domestic assault), spousal
30.16 	abuse, child abuse or neglect, or a crime against children;
30.17 	609.228 (great bodily harm caused by distribution of drugs);
30.18 	609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661
30.19 	(murder of an unborn child in the first degree); 609.2662
30.20 	(murder of an unborn child in the second degree); 609.2663
30.21 	(murder of an unborn child in the third degree); 609.322
30.22 	(solicitation, inducement, and promotion of prostitution); a
30.23 	felony offense under 609.324, subdivision 1 (other prohibited
30.24 	acts); 609.342 (criminal sexual conduct in the first degree);
30.25 	609.343 (criminal sexual conduct in the second degree); 609.344
30.26 	(criminal sexual conduct in the third degree); 609.345 (criminal
30.27 	sexual conduct in the fourth degree); 609.352 (solicitation of
30.28 	children to engage in sexual conduct); 609.365 (incest); a
30.29 	felony offense under 609.377 (malicious punishment of a child);
30.30 	a felony offense under 609.378 (neglect or endangerment of a
30.31 	child); 609.561 (arson in the first degree); 609.66, subdivision
30.32 	1e (drive-by shooting); 609.749, subdivision 3, 4, or 5
30.33 	(felony-level harassment; stalking); 609.855, subdivision 5
30.34 	(shooting at or in a public transit vehicle or facility);
30.35 	617.246 (use of minors in sexual performance prohibited); or
30.36 	617.247 (possession of pictorial representations of minors).  An
31.1 	individual also is disqualified under section 245C.14 regardless
31.2 	of how much time has passed since the involuntary termination of
31.3 	the individual's parental rights under section 260C.301.
31.4 	(b) An individual's aiding and abetting,attempt,or
31.5 	conspiracy to commit any of the offenses listed in paragraph
31.6 	(a), as each of these offenses is defined in Minnesota Statutes,
31.7 	permanently disqualifies the individual under section 245C.14.
31.8 	(c) An individual's offense in any other state or country,
31.9 	where the elements of the offense are substantially similar to
31.10 	any of the offenses listed in paragraph (a), permanently
31.11 	disqualifies the individual under section 245C.14.
31.12 	(d) When a disqualification is based on a judicial
31.13 	determination other than a conviction, the disqualification
31.14 	period begins from the date of the court order.  When a
31.15 	disqualification is based on an admission, the disqualification
31.16 	period begins from the date of an admission in court.  When a
31.17 	disqualification is based on a preponderance of evidence of a
31.18 	disqualifying act, the disqualification date begins from the
31.19 	date of the dismissal, the date of discharge of the sentence
31.20 	imposed for a conviction for a disqualifying crime of similar
31.21 	elements, or the date of the incident, whichever occurs last.

31.22 	Sec. 25. Minnesota Statutes 2004, section 245C.15,
31.23 	subdivision 2, is amended to read:
31.24 		Subd. 2.15-year disqualification.  (a) An individual is
31.25 	disqualified under section 245C.14 if:  (1) less than 15 years
31.26 	have passed since the discharge of the sentence imposed, if any,
31.27 	for the offense; and (2) the individual has received a felony
31.28 	conviction for committed a felony-level violation of any of the
31.29 	following offenses:  sections 256.98 (wrongfully obtaining
31.30 	assistance);260C.301 (grounds for termination of parental
31.31 	rights); 268.182 (false representation; concealment of facts);
31.32 	393.07, subdivision 10(c) (federal Food Stamp Program fraud);
31.33 	609.165 (felon ineligible to possess firearm); 609.21 (criminal
31.34 	vehicular homicide and injury); 609.215 (suicide); 609.223 or
31.35 	609.2231 (assault in the third or fourth degree); repeat
31.36 	offenses under 609.224 (assault in the fifth degree); 609.2325
32.1 	(criminal abuse of a vulnerable adult); 609.2335 (financial
32.2 	exploitation of a vulnerable adult); 609.235 (use of drugs to
32.3 	injure or facilitate crime); 609.24 (simple robbery); 609.255
32.4 	(false imprisonment); 609.2664 (manslaughter of an unborn child
32.5 	in the first degree); 609.2665 (manslaughter of an unborn child
32.6 	in the second degree); 609.267 (assault of an unborn child in
32.7 	the first degree); 609.2671 (assault of an unborn child in the
32.8 	second degree); 609.268 (injury or death of an unborn child in
32.9 	the commission of a crime); 609.27 (coercion); 609.275 (attempt
32.10 	to coerce); repeat offenses under 609.3451 (criminal sexual
32.11 	conduct in the fifth degree); 609.466 (medical assistance
32.12 	fraud);609.498, subdivision 1 or 1b (aggravated first degree or
32.13 	first degree tampering with a witness); 609.52 (theft); 609.521
32.14 	(possession of shoplifting gear); 609.525 (bringing stolen goods
32.15 	into Minnesota); 609.527 (identity theft); 609.53 (receiving
32.16 	stolen property); 609.535 (issuance of dishonored checks);
32.17 	609.562 (arson in the second degree); 609.563 (arson in the
32.18 	third degree); 609.582 (burglary); 609.611 (insurance fraud);
32.19 	609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check
32.20 	forgery; offering a forged check); 609.635 (obtaining signature
32.21 	by false pretense); 609.66 (dangerous weapons); 609.67 (machine
32.22 	guns and short-barreled shotguns); 609.687 (adulteration);
32.23 	609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in
32.24 	obtaining credit); 609.821 (financial transaction card fraud);
32.25 	repeat offenses under 617.23 (indecent exposure; penalties);
32.26 	repeat offenses under 617.241 (obscene materials and
32.27 	performances; distribution and exhibition prohibited; penalty);
32.28 	chapter 152 (drugs; controlled substance); or a felony-level
32.29 	conviction involving alcohol or drug use.
32.30 	(b) An individual is disqualified under section 245C.14 if
32.31 	less than 15 years has passed since the individual's aiding and
32.32 	abetting,attempt,or conspiracy to commit any of the offenses
32.33 	listed in paragraph (a), as each of these offenses is defined in
32.34 	Minnesota Statutes.
32.35 	(c) An individual is disqualified under section 245C.14
32.36 	related to child foster care licensure only if less than 15
33.1 	years has passed since the individual's voluntary termination of
33.2 	the individual's parental rights under section 260C.301.
33.3 	(d) An individual is disqualified under section 245C.14 if
33.4 	less than 15 years has passed since the discharge of the
33.5 	sentence imposed for an offense in any other state or country,
33.6 	the elements of which are substantially similar to the elements
33.7 	of the offenses listed in paragraph (a).
33.8 	(d) (e) If the individual studied is convicted of one of
33.9 	the felonies listed in paragraph (a), but the sentence is a
33.10 	gross misdemeanor or misdemeanor disposition, the individual is
33.11 	disqualified but the disqualification lookback period for the
33.12 	conviction is the period applicable to the gross misdemeanor or
33.13 	misdemeanor disposition.
33.14 	(f) When a disqualification is based on a judicial
33.15 	determination other than a conviction, the disqualification
33.16 	period begins from the date of the court order.  When a
33.17 	disqualification is based on an admission, the disqualification
33.18 	period begins from the date of an admission in court.  When a
33.19 	disqualification is based on a preponderance of evidence of a
33.20 	disqualifying act, the disqualification date begins from the
33.21 	date of the dismissal, the date of discharge of the sentence
33.22 	imposed for a conviction for a disqualifying crime of similar
33.23 	elements, or the date of the incident, whichever occurs last.

33.24 	Sec. 26. Minnesota Statutes 2004, section 245C.15,
33.25 	subdivision 3, is amended to read:
33.26 		Subd. 3.Ten-year disqualification.  (a) An individual is
33.27 	disqualified under section 245C.14 if:  (1) less than ten years
33.28 	have passed since the discharge of the sentence imposed, if any,
33.29 	for the offense; and (2) the individual has received committed a
33.30 	gross misdemeanor conviction for a misdemeanor-level violation
33.31 	of any of the following offenses:  sections 256.98 (wrongfully
33.32 	obtaining assistance); 268.182 (false representation;
33.33 	concealment of facts); 393.07, subdivision 10(c) (federal Food
33.34 	Stamp Program fraud);609.224 (assault in the fifth degree);
33.35 	609.224, subdivision 2, paragraph (c) (assault in the fifth
33.36 	degree by a caregiver against a vulnerable adult); 609.2242 and
34.1 	609.2243 (domestic assault); 609.23 (mistreatment of persons
34.2 	confined); 609.231 (mistreatment of residents or patients);
34.3 	609.2325 (criminal abuse of a vulnerable adult); 609.233
34.4 	(criminal neglect of a vulnerable adult); 609.2335 (financial
34.5 	exploitation of a vulnerable adult); 609.234 (failure to report
34.6 	maltreatment of a vulnerable adult); 609.265 (abduction);
34.7 	609.275 (attempt to coerce); 609.324, subdivision 1a (other
34.8 	prohibited acts; minor engaged in prostitution); 609.33
34.9 	(disorderly house); 609.3451 (criminal sexual conduct in the
34.10 	fifth degree); 609.377 (malicious punishment of a child);
34.11 	609.378 (neglect or endangerment of a child); 609.446 (medical
34.12 	assistance fraud);609.52 (theft); 609.525 (bringing stolen
34.13 	goods into Minnesota); 609.527 (identify theft); 609.53
34.14 	(receiving stolen property); 609.535 (issuance of dishonored
34.15 	checks);609.582 (burglary); 609.611 (insurance fraud);609.631
34.16 	(check forgery; offering a forged check); 609.66 (dangerous
34.17 	weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly
34.18 	conduct against a vulnerable adult); repeat offenses under
34.19 	609.746 (interference with privacy); 609.749, subdivision 2
34.20 	(harassment; stalking); repeat offenses under 617.23 (indecent
34.21 	exposure); 617.241 (obscene materials and performances); 617.243
34.22 	(indecent literature, distribution); 617.293 (harmful materials;
34.23 	dissemination and display to minors prohibited); or violation of
34.24 	an order for protection under section 518B.01, subdivision 14.
34.25 	(b) An individual is disqualified under section 245C.14 if
34.26 	less than ten years has passed since the individual's aiding and
34.27 	abetting,attempt,or conspiracy to commit any of the offenses
34.28 	listed in paragraph (a), as each of these offenses is defined in
34.29 	Minnesota Statutes.
34.30 	(c) An individual is disqualified under section 245C.14 if
34.31 	less than ten years has passed since the discharge of the
34.32 	sentence imposed for an offense in any other state or country,
34.33 	the elements of which are substantially similar to the elements
34.34 	of any of the offenses listed in paragraph (a).
34.35 	(d) If the defendant is convicted of one of the gross
34.36 	misdemeanors listed in paragraph (a), but the sentence is a
35.1 	misdemeanor disposition, the individual is disqualified but the
35.2 	disqualification lookback period for the conviction is the
35.3 	period applicable to misdemeanors.
35.4 	(e) When a disqualification is based on a judicial
35.5 	determination other than a conviction, the disqualification
35.6 	period begins from the date of the court order.  When a
35.7 	disqualification is based on an admission, the disqualification
35.8 	period begins from the date of an admission in court.  When a
35.9 	disqualification is based on a preponderance of evidence of a
35.10 	disqualifying act, the disqualification date begins from the
35.11 	date of the dismissal, the date of discharge of the sentence
35.12 	imposed for a conviction for a disqualifying crime of similar
35.13 	elements, or the date of the incident, whichever occurs last.

35.14 	Sec. 27. Minnesota Statutes 2004, section 245C.15,
35.15 	subdivision 4, is amended to read:
35.16 		Subd. 4.Seven-year disqualification.  (a) An individual
35.17 	is disqualified under section 245C.14 if:  (1) less than seven
35.18 	years has passed since the discharge of the sentence imposed, if
35.19 	any,for the offense; and (2) the individual has received 
35.20 	committed a misdemeanor conviction for a misdemeanor-level 
35.21 	violation of any of the following offenses:  sections 256.98
35.22 	(wrongfully obtaining assistance); 268.182 (false
35.23 	representation; concealment of facts); 393.07, subdivision 10(c)
35.24 	(federal Food Stamp Program fraud);609.224 (assault in the
35.25 	fifth degree); 609.2242 (domestic assault); 609.2335 (financial
35.26 	exploitation of a vulnerable adult); 609.234 (failure to report
35.27 	maltreatment of a vulnerable adult); 609.2672 (assault of an
35.28 	unborn child in the third degree); 609.27 (coercion); violation
35.29 	of an order for protection under 609.3232 (protective order
35.30 	authorized; procedures; penalties); 609.466 (medical assistance
35.31 	fraud);609.52 (theft); 609.525 (bringing stolen goods into
35.32 	Minnesota); 609.527 (identity theft); 609.53 (receiving stolen
35.33 	property); 609.535 (issuance of dishonored checks); 609.611
35.34 	(insurance fraud);609.66 (dangerous weapons); 609.665 (spring
35.35 	guns); 609.746 (interference with privacy); 609.79 (obscene or
35.36 	harassing phone telephone calls); 609.795 (letter, telegram, or
36.1 	package; opening; harassment); 609.82 (fraud in obtaining
36.2 	credit); 609.821 (financial transaction card fraud);617.23
36.3 	(indecent exposure; penalties); 617.293 (harmful materials;
36.4 	dissemination and display to minors prohibited); or violation of
36.5 	an order for protection under section 518B.01 (Domestic Abuse
36.6 	Act).
36.7 	(b) An individual is disqualified under section 245C.14 if
36.8 	less than seven years has passed since a determination or
36.9 	disposition of the individual's:
36.10 	(1) failure to make required reports under section 626.556,
36.11 	subdivision 3, or 626.557, subdivision 3, for incidents in
36.12 	which:  (i) the final disposition under section 626.556 or
36.13 	626.557 was substantiated maltreatment, and (ii) the
36.14 	maltreatment was recurring or serious; or
36.15 	(2) substantiated serious or recurring maltreatment of a
36.16 	minor under section 626.556, a vulnerable adult under section
36.17 	626.557, or serious or recurring maltreatment in any other
36.18 	state, the elements of which are substantially similar to the
36.19 	elements of maltreatment under section 626.556 or 626.557 for
36.20 	which:  (i) there is a preponderance of evidence that the
36.21 	maltreatment occurred, and (ii) the subject was responsible for
36.22 	the maltreatment.
36.23 	(c) An individual is disqualified under section 245C.14 if
36.24 	less than seven years has passed since the individual's aiding
36.25 	and abetting,attempt,or conspiracy to commit any of the
36.26 	offenses listed in paragraphs (a) and (b), as each of these
36.27 	offenses is defined in Minnesota Statutes.
36.28 	(d) An individual is disqualified under section 245C.14 if
36.29 	less than seven years has passed since the discharge of the
36.30 	sentence imposed for an offense in any other state or country,
36.31 	the elements of which are substantially similar to the elements
36.32 	of any of the offenses listed in paragraphs (a) and (b).
36.33 	(e) When a disqualification is based on a judicial
36.34 	determination other than a conviction, the disqualification
36.35 	period begins from the date of the court order.  When a
36.36 	disqualification is based on an admission, the disqualification
37.1 	period begins from the date of an admission in court.  When a
37.2 	disqualification is based on a preponderance of evidence of a
37.3 	disqualifying act, the disqualification date begins from the
37.4 	date of the dismissal, the date of discharge of the sentence
37.5 	imposed for a conviction for a disqualifying crime of similar
37.6 	elements, or the date of the incident, whichever occurs last.

37.7 	Sec. 28. Minnesota Statutes 2004, section 245C.17,
37.8 	subdivision 2, is amended to read:
37.9 		Subd. 2.Disqualification notice sent to subject.  (a) If
37.10 	the information in the study indicates the individual is
37.11 	disqualified from direct contact with, or from access to,
37.12 	persons served by the program, the commissioner shall disclose
37.13 	to the individual studied:
37.14 	(1) the information causing disqualification;
37.15 	(2) instructions on how to request a reconsideration of the
37.16 	disqualification; and 
37.17 	(3) an explanation of any restrictions on the
37.18 	commissioner's discretion to set aside the disqualification
37.19 	under section 245C.24, subdivision 2, when applicable to the
37.20 	individual; and 
37.21 	(4) the commissioner's determination of the individual's
37.22 	immediate risk of harm under section 245C.16.
37.23 	(b) If the commissioner determines under section 245C.16
37.24 	that an individual poses an imminent risk of harm to persons
37.25 	served by the program where the individual will have direct
37.26 	contact, the commissioner's notice must include an explanation
37.27 	of the basis of this determination.
37.28 	(c) If the commissioner determines under section 245C.16
37.29 	that an individual studied does not pose a risk of harm that
37.30 	requires continuous, direct supervision, the commissioner shall
37.31 	only notify the individual of the disqualification.

37.32 	Sec. 29. Minnesota Statutes 2004, section 245C.21,
37.33 	subdivision 2, is amended to read:
37.34 		Subd. 2.Time frame for requesting reconsideration of a
37.35 	disqualification.  (a) When the commissioner sends an individual
37.36 	a notice of disqualification based on a finding under section
38.1 	245C.16, subdivision 2, paragraph (a), clause (1) or (2), the
38.2 	disqualified individual must submit the request for a
38.3 	reconsideration within 30 calendar days of the individual's
38.4 	receipt of the notice of disqualification. If mailed, the
38.5 	request for reconsideration must be postmarked and sent to the
38.6 	commissioner within 30 calendar days of the individual's receipt
38.7 	of the notice of disqualification.  If a request for
38.8 	reconsideration is made by personal service, it must be received
38.9 	by the commissioner within 30 calendar days after the
38.10 	individual's receipt of the notice of disqualification.Upon
38.11 	showing that the information under subdivision 3 cannot be
38.12 	obtained within 30 days, the disqualified individual may request
38.13 	additional time, not to exceed 30 days, to obtain the
38.14 	information.
38.15 	(b) When the commissioner sends an individual a notice of
38.16 	disqualification based on a finding under section 245C.16,
38.17 	subdivision 2, paragraph (a), clause (3), the disqualified
38.18 	individual must submit the request for reconsideration within 15
38.19 	calendar days of the individual's receipt of the notice of
38.20 	disqualification. If mailed, the request for reconsideration
38.21 	must be postmarked and sent to the commissioner within 15
38.22 	calendar days of the individual's receipt of the notice of
38.23 	disqualification.  If a request for reconsideration is made by
38.24 	personal service, it must be received by the commissioner within
38.25 	15 calendar days after the individual's receipt of the notice of
38.26 	disqualification.
38.27 	(c) An individual who was determined to have maltreated a
38.28 	child under section 626.556 or a vulnerable adult under section
38.29 	626.557, and who is disqualified on the basis of serious or
38.30 	recurring maltreatment, may request a reconsideration of both
38.31 	the maltreatment and the disqualification determinations.  The
38.32 	request must be submitted within 30 calendar days of the
38.33 	individual's receipt of the notice of disqualification. If
38.34 	mailed, the request for reconsideration must be postmarked and
38.35 	sent to the commissioner within 30 calendar days of the
38.36 	individual's receipt of the notice of disqualification.  If a
39.1 	request for reconsideration is made by personal service, it must
39.2 	be received by the commissioner within 30 calendar days after
39.3 	the individual's receipt of the notice of disqualification.

39.4 	Sec. 30. Minnesota Statutes 2004, section 245C.22,
39.5 	subdivision 3, is amended to read:
39.6 		Subd. 3.Preeminent weight given to safety of persons
39.7 	being served.  In reviewing a request for reconsideration of a
39.8 	disqualification, the commissioner shall give preeminent weight
39.9 	to the safety of each person served by the license holder,
39.10 	applicant, or other entities as provided in this chapter over
39.11 	the interests of the disqualified individual,license holder,
39.12 	applicant, or other entity as provided in this chapter, and any
39.13 	single factor under subdivision 4, paragraph (b), may be
39.14 	determinative of the commissioner's decision whether to set
39.15 	aside the individual's disqualification.

39.16 	Sec. 31. Minnesota Statutes 2004, section 245C.22,
39.17 	subdivision 4, is amended to read:
39.18 		Subd. 4.Risk of harm; set aside.  (a) The commissioner
39.19 	may set aside the disqualification if the commissioner finds
39.20 	that the individual has submitted sufficient information to
39.21 	demonstrate that the individual does not pose a risk of harm to
39.22 	any person served by the applicant, license holder, or other
39.23 	entities as provided in this chapter.
39.24 	(b) In determining whether the individual has met the
39.25 	burden of proof by demonstrating the individual does not pose a
39.26 	risk of harm, the commissioner shall consider:
39.27 	(1) the nature, severity, and consequences of the event or
39.28 	events that led to the disqualification;
39.29 	(2) whether there is more than one disqualifying event;
39.30 	(3) the age and vulnerability of the victim at the time of
39.31 	the event;
39.32 	(4) the harm suffered by the victim;
39.33 	(5) the similarity between the victim and persons served by
39.34 	the program;
39.35 	(6) the time elapsed without a repeat of the same or
39.36 	similar event;
40.1 	(7) documentation of successful completion by the
40.2 	individual studied of training or rehabilitation pertinent to
40.3 	the event; and
40.4 	(8) any other information relevant to reconsideration.
40.5 	(c) If the individual requested reconsideration on the
40.6 	basis that the information relied upon to disqualify the
40.7 	individual was incorrect or inaccurate and the commissioner
40.8 	determines that the information relied upon to disqualify the
40.9 	individual is correct, the commissioner must also determine if
40.10 	the individual poses a risk of harm to persons receiving
40.11 	services in accordance with paragraph (b).

40.12 	Sec. 32. Minnesota Statutes 2004, section 245C.24,
40.13 	subdivision 2, is amended to read:
40.14 		Subd. 2.Permanent bar to set aside of disqualification.
 40.15 	The commissioner may not set aside the disqualification of an
40.16 	individual in connection with a license to provide family child
40.17 	care for children, foster care for children in the provider's
40.18 	home, or foster care or day care services for adults in the
40.19 	provider's home, regardless of how much time has passed, if
40.20 	the provider individual was disqualified for a crime or conduct
40.21 	listed in section 245C.15, subdivision 1.

40.22 	Sec. 33. Minnesota Statutes 2004, section 245C.24,
40.23 	subdivision 3, is amended to read:
40.24 		Subd. 3.Ten-year bar to set aside disqualification.  (a)
40.25 	The commissioner may not set aside the disqualification of an
40.26 	individual in connection with a license to provide family child
40.27 	care for children, foster care for children in the provider's
40.28 	home, or foster care or day care services for adults in the
40.29 	provider's home if:  (1) less than ten years has passed since
40.30 	the discharge of the sentence imposed, if any,for the offense;
40.31 	and or (2) when disqualified based on a preponderance of
40.32 	evidence determination under section 245A.14, subdivision 1,
40.33 	paragraph (a), clause (2), or an admission under section
40.34 	245A.14, subdivision 1, paragraph (a), clause (1), and less than
40.35 	ten years has passed since the individual committed the act or
40.36 	admitted to committing the act, whichever is later; and (3) the
41.1 	individual has been convicted of committed a violation of any of
41.2 	the following offenses:  sections 609.165 (felon ineligible to
41.3 	possess firearm); criminal vehicular homicide under 609.21
41.4 	(criminal vehicular homicide and injury); 609.215 (aiding
41.5 	suicide or aiding attempted suicide); felony violations under
41.6 	609.223 or 609.2231 (assault in the third or fourth degree);
41.7 	609.713 (terroristic threats); 609.235 (use of drugs to injure
41.8 	or to facilitate crime); 609.24 (simple robbery); 609.255 (false
41.9 	imprisonment); 609.562 (arson in the second degree); 609.71
41.10 	(riot); 609.498, subdivision 1 or 1b (aggravated first degree or
41.11 	first degree tampering with a witness); burglary in the first or
41.12 	second degree under 609.582 (burglary); 609.66 (dangerous
41.13 	weapon); 609.665 (spring guns); 609.67 (machine guns and
41.14 	short-barreled shotguns); 609.749, subdivision 2 (gross
41.15 	misdemeanor harassment; stalking); 152.021 or 152.022
41.16 	(controlled substance crime in the first or second degree);
41.17 	152.023, subdivision 1, clause (3) or (4) or subdivision 2,
41.18 	clause (4) (controlled substance crime in the third degree);
41.19 	152.024, subdivision 1, clause (2), (3), or (4) (controlled
41.20 	substance crime in the fourth degree); 609.224, subdivision 2,
41.21 	paragraph (c) (fifth-degree assault by a caregiver against a
41.22 	vulnerable adult); 609.23 (mistreatment of persons confined);
41.23 	609.231 (mistreatment of residents or patients); 609.2325
41.24 	(criminal abuse of a vulnerable adult); 609.233 (criminal
41.25 	neglect of a vulnerable adult); 609.2335 (financial exploitation
41.26 	of a vulnerable adult); 609.234 (failure to report); 609.265
41.27 	(abduction); 609.2664 to 609.2665 (manslaughter of an unborn
41.28 	child in the first or second degree); 609.267 to 609.2672
41.29 	(assault of an unborn child in the first, second, or third
41.30 	degree); 609.268 (injury or death of an unborn child in the
41.31 	commission of a crime); 617.293 (disseminating or displaying
41.32 	harmful material to minors); a felony-level conviction involving
41.33 	alcohol or drug use, a gross misdemeanor offense under 609.324,
41.34 	subdivision 1 (other prohibited acts); a gross misdemeanor
41.35 	offense under 609.378 (neglect or endangerment of a child); a
41.36 	gross misdemeanor offense under 609.377 (malicious punishment of
42.1 	a child); or 609.72, subdivision 3 (disorderly conduct against a
42.2 	vulnerable adult).
42.3 	(b) The commissioner may not set aside the disqualification
42.4 	of an individual if less than ten years have passed since the
42.5 	individual's aiding and abetting,attempt,or conspiracy to
42.6 	commit any of the offenses listed in paragraph (a) as each of
42.7 	these offenses is defined in Minnesota Statutes.
42.8 	(c) The commissioner may not set aside the disqualification
42.9 	of an individual if less than ten years have passed since the
42.10 	discharge of the sentence imposed for an offense in any other
42.11 	state or country, the elements of which are substantially
42.12 	similar to the elements of any of the offenses listed in
42.13 	paragraph (a).

42.14 	Sec. 34. Minnesota Statutes 2004, section 245C.27,
42.15 	subdivision 1, is amended to read:
42.16 		Subdivision 1.Fair hearing when disqualification is not
42.17 	set aside.  (a) If the commissioner does not set aside or
42.18 	rescind a disqualification of an individual under section
42.19 	245C.22 who is disqualified on the basis of a preponderance of
42.20 	evidence that the individual committed an act or acts that meet
42.21 	the definition of any of the crimes listed in section 245C.15;
42.22 	for a determination under section 626.556 or 626.557 of
42.23 	substantiated maltreatment that was serious or recurring under
42.24 	section 245C.15; or for failure to make required reports under
42.25 	section 626.556, subdivision 3; or 626.557, subdivision 3,
42.26 	pursuant to section 245C.15, subdivision 4, paragraph (b),
42.27 	clause (1), the individual may request a fair hearing under
42.28 	section 256.045, unless the disqualification is deemed
42.29 	conclusive under section 245C.29.
42.30 	(b) The fair hearing is the only administrative appeal of
42.31 	the final agency determination for purposes of appeal by the
42.32 	disqualified individual.  The disqualified individual does not
42.33 	have the right to challenge the accuracy and completeness of
42.34 	data under section 13.04.
42.35 	(c) If the individual was disqualified based on a
42.36 	conviction or admission to any crimes listed in section 245C.15,
43.1 	subdivisions 1 to 4, the reconsideration decision under section
43.2 	245C.22 is the final agency determination for purposes of appeal
43.3 	by the disqualified individual and is not subject to a hearing
43.4 	under section 256.045. If the individual was disqualified based
43.5 	on a judicial determination, that determination is treated the
43.6 	same as a conviction for purposes of appeal.
43.7 	(d) This subdivision does not apply to a public employee's
43.8 	appeal of a disqualification under section 245C.28, subdivision
43.9 	3.
43.10 	(e) Notwithstanding paragraph (c), if the commissioner does
43.11 	not set aside a disqualification of an individual who was
43.12 	disqualified based on both a preponderance of evidence and a
43.13 	conviction or admission, the individual may request a fair
43.14 	hearing under section 256.045, unless the disqualifications are
43.15 	deemed conclusive under section 245C.29.  The scope of the
43.16 	hearing conducted under section 256.045 with regard to the
43.17 	disqualification based on a conviction or admission shall be
43.18 	limited solely to whether the individual poses a risk of harm,
43.19 	according to section 256.045, subdivision 3b.

43.20 	Sec. 35. Minnesota Statutes 2004, section 245C.28,
43.21 	subdivision 3, is amended to read:
43.22 		Subd. 3.Employees of public employer.  (a) If the
43.23 	commissioner does not set aside the disqualification of an
43.24 	individual who is an employee of an employer, as defined in
43.25 	section 179A.03, subdivision 15, the individual may request a
43.26 	contested case hearing under chapter 14.  The request for a
43.27 	contested case hearing must be made in writing and must be
43.28 	postmarked and mailed sent within 30 calendar days after the
43.29 	employee receives notice that the disqualification has not been
43.30 	set aside. If the individual was disqualified based on a
43.31 	conviction or admission to any crimes listed in section 245C.15,
43.32 	the scope of the contested case hearing shall be limited solely
43.33 	to whether the individual poses a risk of harm pursuant to
43.34 	section 245C.22.
43.35 	(b) If the commissioner does not set aside or rescind a
43.36 	disqualification that is based on a maltreatment determination,
44.1 	the scope of the contested case hearing must include the
44.2 	maltreatment determination and the disqualification.  In such
44.3 	cases, a fair hearing must not be conducted under section
44.4 	256.045.
44.5 	(c) Rules adopted under this chapter may not preclude an
44.6 	employee in a contested case hearing for a disqualification from
44.7 	submitting evidence concerning information gathered under this
44.8 	chapter.
44.9 	(d) When a person an individual has been disqualified from
44.10 	multiple licensed programs and the disqualifications have not
44.11 	been set aside under section 245C.22, if at least one of the
44.12 	disqualifications entitles the person to a contested case
44.13 	hearing under this subdivision, the scope of the contested case
44.14 	hearing shall include all disqualifications from licensed
44.15 	programs which were not set aside.
44.16 	(e) In determining whether the disqualification should be
44.17 	set aside, the administrative law judge shall consider all of
44.18 	the characteristics that cause the individual to be
44.19 	disqualified, including those characteristics that were not
44.20 	subject to review under paragraph (b),in order to determine
44.21 	whether the individual poses a risk of harm.  The administrative
44.22 	law judge's recommendation and the commissioner's order to set
44.23 	aside a disqualification that is the subject of the hearing
44.24 	constitutes a determination that the individual does not pose a
44.25 	risk of harm and that the individual may provide direct contact
44.26 	services in the individual program specified in the set aside.

44.27 	Sec. 36. Minnesota Statutes 2004, section 245C.30,
44.28 	subdivision 2, is amended to read:
44.29 		Subd. 2.Disclosure of reason for disqualification.  (a)
44.30 	The commissioner may not grant a variance for a disqualified
44.31 	individual unless the applicant or license holder requests the
44.32 	variance and the disqualified individual provides written
44.33 	consent for the commissioner to disclose to the applicant or
44.34 	license holder the reason for the disqualification.
44.35 	(b) This subdivision does not apply to programs licensed to
44.36 	provide family child care for children, foster care for children
45.1 	in the provider's own home, or foster care or day care services
45.2 	for adults in the provider's own home. When the commissioner
45.3 	grants a variance for a disqualified individual in connection
45.4 	with a license to provide the services specified in this
45.5 	paragraph, the disqualified individual's consent is not required
45.6 	to disclose the reason for the disqualification to the license
45.7 	holder in the variance issued under subdivision 1.

45.8 	Sec. 37. Minnesota Statutes 2004, section 246.13, is
45.9 	amended to read:
45.10 	246.13  RECORD RECORDS OF PATIENTS AND RESIDENTS
45.11 	IN RECEIVING STATE-OPERATED SERVICES.
45.12 		Subdivision 1.Powers, duties, and authority of
45.13 	commissioner. (a) The commissioner of human services' office
45.14 	shall have, accessible only by consent of the commissioner or on
45.15 	the order of a judge or court of record, a record showing the
45.16 	residence, sex, age, nativity, occupation, civil condition, and
45.17 	date of entrance or commitment of every person, in the
45.18 	state-operated services facilities as defined under section
45.19 	246.014 under exclusive control of the commissioner; the date of
45.20 	discharge and whether such discharge was final; the condition of
45.21 	the person when the person left the state-operated services
45.22 	facility; the vulnerable adult abuse prevention associated with
45.23 	the person;and the date and cause of all deaths.  The record
45.24 	shall state every transfer from one state-operated services
45.25 	facility to another, naming each state-operated services
45.26 	facility.  This information shall be furnished to the
45.27 	commissioner of human services by each public agency, along with
45.28 	other obtainable facts as the commissioner may require.  When a
45.29 	patient or resident in a state-operated services facility is
45.30 	discharged, transferred, or dies, the head of the state-operated
45.31 	services facility or designee shall inform the commissioner of
45.32 	human services of these events within ten days on forms
45.33 	furnished by the commissioner.
45.34 	(b) The commissioner of human services shall cause to be
45.35 	devised, installed, and operated an adequate system of records
45.36 	and statistics which shall consist of all basic record forms,
46.1 	including patient personal records and medical record forms, and
46.2 	the manner of their use shall be precisely uniform throughout
46.3 	all state-operated services facilities.
46.4 		Subd. 2.Definitions; risk assessment and management. (a)
46.5 	As used in this section:
46.6 	(1) "appropriate and necessary medical and other records"
46.7 	includes patient medical records and other protected health
46.8 	information as defined by Code of Federal Regulations, title 45,
46.9 	section 164.501, relating to a patient in a state-operated
46.10 	services facility, including but not limited to the patient's
46.11 	treatment plan and abuse prevention plan that is pertinent to
46.12 	the patient's ongoing care, treatment, or placement in a
46.13 	community-based treatment facility or a health care facility
46.14 	that is not operated by state-operated services, and includes
46.15 	information describing the level of risk posed by a patient when
46.16 	the patient enters the facility;
46.17 	(2) "community-based treatment" means the community support
46.18 	services listed in section 245.462, subdivision 6;
46.19 	(3) "criminal history data" means those data maintained or
46.20 	used by the Departments of Corrections and Public Safety and by
46.21 	the supervisory authorities listed in section 13.84, subdivision
46.22 	1, that relate to an individual's criminal history or propensity
46.23 	for violence; including data in the Corrections Offender
46.24 	Management System (COMS) and Statewide Supervision System (S3)
46.25 	maintained by the Department of Corrections and the Criminal
46.26 	Justice Information System (CJIS); the Predatory Offender
46.27 	Registration (POR) system maintained by the Department of Public
46.28 	Safety; and the CriMNet system;
46.29 	(4) "designated agency" means the agency defined in section
46.30 	253B.02, subdivision 5;
46.31 	(5) "law enforcement agency" means the law enforcement
46.32 	agency having primary jurisdiction over the location where the
46.33 	offender expects to reside upon release;
46.34 	(6) "predatory offender" and "offender" mean a person who
46.35 	is required to register as a predatory offender under section
46.36 	243.166; and 
47.1 	(7) "treatment facility" means a facility as defined in
47.2 	section 253B.02, subdivision 19.
47.3 	(b) To promote public safety and for the purposes and
47.4 	subject to the requirements below, the commissioner or the
47.5 	commissioner's designee shall have access to and review medical
47.6 	and criminal history data provided by this section, as necessary
47.7 	to comply with Minnesota Rules, part 1205.0400:
47.8 	(1) to determine whether a patient is required under state
47.9 	law to register as a predatory offender according to section
47.10 	243.166;
47.11 	(2) to facilitate and expedite the responsibilities of the
47.12 	special review board and end-of-confinement review committees by
47.13 	corrections institutions and state treatment facilities;
47.14 	(3) to prepare, amend, or revise the abuse prevention plans
47.15 	required under section 626.557, subdivision 14, and individual
47.16 	patient treatment plans required under section 253B.03,
47.17 	subdivision 7;
47.18 	(4) to facilitate the custody, supervision, and transport
47.19 	of individuals transferred between the Department of Corrections
47.20 	and the Department of Human Services; or 
47.21 	(5) to facilitate the exchange of data between the
47.22 	Department of Corrections, the Department of Human Services, and
47.23 	the supervisory authorities listed in section 13.84, subdivision
47.24 	1, regarding individuals under the authority of one or more of
47.25 	these entities.
47.26 	(c) The commissioner may have access to the National Crime
47.27 	Information Center (NCIC) database, through the Department of
47.28 	Public Safety, in support of the law enforcement functions
47.29 	described in paragraph (b).
47.30 		Subd. 3.Community-based treatment and medical
47.31 	treatment. (a) When a patient under the care and supervision of
47.32 	state-operated services is released to a community-based
47.33 	treatment facility or facility that provides health care
47.34 	services, state-operated services may disclose all appropriate
47.35 	and necessary health and other information relating to the
47.36 	patient.
48.1 	(b) The information that must be provided to the designated
48.2 	agency, community-based treatment facility, or facility that
48.3 	provides health care services includes, but is not limited to,
48.4 	the patient's abuse prevention plan required under section
48.5 	626.557, subdivision 14, paragraph (b).
48.6 		Subd. 4.Predatory offender registration
48.7 	notification. (a) When a state-operated facility determines
48.8 	that a patient is required under section 243.166, subdivision 1,
48.9 	to register as a predatory offender or, under section 243.166,
48.10 	subdivision 4a, to provide notice of a change in status, the
48.11 	facility shall provide written notice to the patient of the
48.12 	requirement.
48.13 	(b) If the patient refuses, is unable, or lacks capacity to
48.14 	comply with the requirement described in paragraph (a) within
48.15 	five days after receiving the notification of the duty to
48.16 	comply, state-operated services staff shall obtain and disclose
48.17 	the necessary data to complete the registration form or change
48.18 	of status notification for the patient.  The treatment facility
48.19 	shall also forward the registration or change of status data
48.20 	that it completes to the Bureau of Criminal Apprehension and, as
48.21 	applicable, the patient's corrections agent and the law
48.22 	enforcement agency in the community in which the patient
48.23 	currently resides.  If, after providing notification, the
48.24 	patient refuses to comply with the requirements described in
48.25 	paragraph (a), the treatment facility shall also notify the
48.26 	county attorney in the county in which the patient is currently
48.27 	residing of the refusal.
48.28 	(c) The duties of state-operated services described in this
48.29 	subdivision do not relieve the patient of the ongoing individual
48.30 	duty to comply with the requirements of section 243.166.
48.31 		Subd. 5.Procedure for bloodborne pathogens. Sections
48.32 	246.71 to 246.722 apply to state-operated services facilities.

48.33 	Sec. 38. Minnesota Statutes 2004, section 253B.18,
48.34 	subdivision 4a, is amended to read:
48.35 		Subd. 4a.Release on pass; notification.  A patient who
48.36 	has been committed as a person who is mentally ill and dangerous
49.1 	and who is confined at a secure treatment facility or has been
49.2 	transferred out of a state-operated services facility according
49.3 	to section 253B.18, subdivision 6,shall not be released on a
49.4 	pass unless the pass is part of a pass plan that has been
49.5 	approved by the medical director of the secure treatment
49.6 	facility.  The pass plan must have a specific therapeutic
49.7 	purpose consistent with the treatment plan, must be established
49.8 	for a specific period of time, and must have specific levels of
49.9 	liberty delineated.  The county case manager must be invited to
49.10 	participate in the development of the pass plan.  At least ten
49.11 	days prior to a determination on the plan, the medical director
49.12 	shall notify the designated agency, the committing court, the
49.13 	county attorney of the county of commitment, an interested
49.14 	person, the local law enforcement agency where the facility is
49.15 	located,the local law enforcement agency in the location where
49.16 	the pass is to occur, the petitioner, and the petitioner's
49.17 	counsel of the plan, the nature of the passes proposed, and
49.18 	their right to object to the plan.  If any notified person
49.19 	objects prior to the proposed date of implementation, the person
49.20 	shall have an opportunity to appear, personally or in writing,
49.21 	before the medical director, within ten days of the objection,
49.22 	to present grounds for opposing the plan.  The pass plan shall
49.23 	not be implemented until the objecting person has been furnished
49.24 	that opportunity.  Nothing in this subdivision shall be
49.25 	construed to give a patient an affirmative right to a pass plan.

49.26 	Sec. 39. Minnesota Statutes 2004, section 260B.163,
49.27 	subdivision 6, is amended to read:
49.28 		Subd. 6.Guardian ad litem.  (a) The court shall appoint
49.29 	a guardian ad litem to protect the interests of the minor when
49.30 	it appears, at any stage of the proceedings, that the minor is
49.31 	without a parent or guardian, or that the minor's parent is a
49.32 	minor or incompetent, or that the parent or guardian is
49.33 	indifferent or hostile to the minor's interests.  In any other
49.34 	case the court may appoint a guardian ad litem to protect the
49.35 	interests of the minor when the court feels that such an
49.36 	appointment is desirable.  The court shall appoint the guardian
50.1 	ad litem on its own motion or in the manner provided for the
50.2 	appointment of a guardian ad litem in the district court.  The
50.3 	court may appoint separate counsel for the guardian ad litem if
50.4 	necessary.
50.5 	(b) A guardian ad litem shall carry out the following
50.6 	responsibilities:
50.7 	(1) conduct an independent investigation to determine the
50.8 	facts relevant to the situation of the child and the family,
50.9 	which must include, unless specifically excluded by the court,
50.10 	reviewing relevant documents; meeting with and observing the
50.11 	child in the home setting and considering the child's wishes, as
50.12 	appropriate; and interviewing parents, caregivers, and others
50.13 	with knowledge relevant to the case;
50.14 	(2) advocate for the child's best interests by
50.15 	participating in appropriate aspects of the case and advocating
50.16 	for appropriate community services when necessary;
50.17 	(3) maintain the confidentiality of information related to
50.18 	a case, with the exception of sharing information as permitted
50.19 	by law to promote cooperative solutions that are in the best
50.20 	interests of the child;
50.21 	(4) monitor the child's best interests throughout the
50.22 	judicial proceeding; and
50.23 	(5) present written reports on the child's best interests
50.24 	that include conclusions and recommendations and the facts upon
50.25 	which they are based.
50.26 	(c) The court may waive the appointment of a guardian ad
50.27 	litem pursuant to paragraph (a), whenever counsel has been
50.28 	appointed pursuant to subdivision 2 or is retained otherwise,
50.29 	and the court is satisfied that the interests of the minor are
50.30 	protected.
50.31 	(d) In appointing a guardian ad litem pursuant to paragraph
50.32 	(a), the court shall not appoint the party, or any agent or
50.33 	employee thereof, filing a petition pursuant to section 260B.141
50.34 	and 260C.141.
50.35 	(e) The following factors shall be considered when
50.36 	appointing a guardian ad litem in a case involving an Indian or
51.1 	minority child:
51.2 	(1) whether a person is available who is the same racial or
51.3 	ethnic heritage as the child or, if that is not possible;
51.4 	(2) whether a person is available who knows and appreciates
51.5 	the child's racial or ethnic heritage.
51.6 	(f) The court shall require a background study for each
51.7 	guardian ad litem as provided under section 518.165.  The court
51.8 	shall have access to data collected pursuant to section 245C.32
51.9 	for purposes of the background study.

51.10 	Sec. 40. Minnesota Statutes 2004, section 260C.163,
51.11 	subdivision 5, is amended to read:
51.12 		Subd. 5.Guardian ad litem.  (a) The court shall appoint
51.13 	a guardian ad litem to protect the interests of the minor when
51.14 	it appears, at any stage of the proceedings, that the minor is
51.15 	without a parent or guardian, or that the minor's parent is a
51.16 	minor or incompetent, or that the parent or guardian is
51.17 	indifferent or hostile to the minor's interests, and in every
51.18 	proceeding alleging a child's need for protection or services
51.19 	under section 260C.007, subdivision 6, except proceedings where
51.20 	the sole allegation is that the child is a runaway or habitual
51.21 	truant.  In any other case the court may appoint a guardian ad
51.22 	litem to protect the interests of the minor when the court feels
51.23 	that such an appointment is desirable.  The court shall appoint
51.24 	the guardian ad litem on its own motion or in the manner
51.25 	provided for the appointment of a guardian ad litem in the
51.26 	district court.  The court may appoint separate counsel for the
51.27 	guardian ad litem if necessary.
51.28 	(b) A guardian ad litem shall carry out the following
51.29 	responsibilities:
51.30 	(1) conduct an independent investigation to determine the
51.31 	facts relevant to the situation of the child and the family,
51.32 	which must include, unless specifically excluded by the court,
51.33 	reviewing relevant documents; meeting with and observing the
51.34 	child in the home setting and considering the child's wishes, as
51.35 	appropriate; and interviewing parents, caregivers, and others
51.36 	with knowledge relevant to the case;
52.1 	(2) advocate for the child's best interests by
52.2 	participating in appropriate aspects of the case and advocating
52.3 	for appropriate community services when necessary;
52.4 	(3) maintain the confidentiality of information related to
52.5 	a case, with the exception of sharing information as permitted
52.6 	by law to promote cooperative solutions that are in the best
52.7 	interests of the child;
52.8 	(4) monitor the child's best interests throughout the
52.9 	judicial proceeding; and
52.10 	(5) present written reports on the child's best interests
52.11 	that include conclusions and recommendations and the facts upon
52.12 	which they are based.
52.13 	(c) Except in cases where the child is alleged to have been
52.14 	abused or neglected, the court may waive the appointment of a
52.15 	guardian ad litem pursuant to clause (a), whenever counsel has
52.16 	been appointed pursuant to subdivision 2 or is retained
52.17 	otherwise, and the court is satisfied that the interests of the
52.18 	minor are protected.
52.19 	(d) In appointing a guardian ad litem pursuant to clause
52.20 	(a), the court shall not appoint the party, or any agent or
52.21 	employee thereof, filing a petition pursuant to section 260C.141.
52.22 	(e) The following factors shall be considered when
52.23 	appointing a guardian ad litem in a case involving an Indian or
52.24 	minority child:
52.25 	(1) whether a person is available who is the same racial or
52.26 	ethnic heritage as the child or, if that is not possible;
52.27 	(2) whether a person is available who knows and appreciates
52.28 	the child's racial or ethnic heritage.
52.29 	(f) The court shall require a background study for each
52.30 	guardian ad litem as provided under section 518.165.  The court
52.31 	shall have access to data collected pursuant to section 245C.32
52.32 	for purposes of the background study.

52.33 	Sec. 41. Minnesota Statutes 2004, section 299C.093, is
52.34 	amended to read:
52.35 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
52.36 	The superintendent of the bureau of criminal apprehension
53.1 	shall maintain a computerized data system relating to
53.2 	individuals required to register as predatory offenders under
53.3 	section 243.166.  To the degree feasible, the system must
53.4 	include the information data required to be provided under
53.5 	section 243.166, subdivisions 4 and 4a, and indicate the time
53.6 	period that the person is required to register.  The
53.7 	superintendent shall maintain this information data in a manner
53.8 	that ensures that it is readily available to law enforcement
53.9 	agencies.  This information data is private data on individuals
53.10 	under section 13.02, subdivision 12, but may be used for law
53.11 	enforcement and corrections purposes. State-operated services,
53.12 	as defined in section 246.014, is also authorized to have access
53.13 	to the data for the purposes described in section 246.13,
53.14 	subdivision 2, paragraph (b).

53.15 	Sec. 42. Minnesota Statutes 2004, section 518.165, is
53.16 	amended by adding a subdivision to read:
53.17 		Subd. 4.Background study of guardian ad litem. (a) The
53.18 	court shall initiate a background study through the commissioner
53.19 	of human services under section 245C.32 on every guardian ad
53.20 	litem appointed under this section if a background study has not
53.21 	been completed on the guardian ad litem within the past three
53.22 	years.  The background study must be completed before the court
53.23 	appoints the guardian ad litem, unless the court determines that
53.24 	it is in the best interest of the child to appoint a guardian ad
53.25 	litem before a background study can be completed by the
53.26 	commissioner.  The court shall initiate a subsequent background
53.27 	study under this paragraph once every three years after the
53.28 	guardian has been appointed as long as the individual continues
53.29 	to serve as a guardian ad litem.
53.30 	(b) The background study must include criminal history data
53.31 	from the Bureau of Criminal Apprehension, other criminal history
53.32 	data held by the commissioner of human services, and data
53.33 	regarding whether the person has been a perpetrator of
53.34 	substantiated maltreatment of a minor or a vulnerable adult.
53.35 	When the information from the Bureau of Criminal Apprehension
53.36 	indicates that the subject of a study under paragraph (a) is a
54.1 	multistate offender or that the subject's multistate offender
54.2 	status is undetermined, the court shall require a search of the
54.3 	National Criminal Records Repository, and shall provide the
54.4 	commissioner a set of classifiable fingerprints of the subject
54.5 	of the study.
54.6 	(c) The Minnesota Supreme Court shall pay the commissioner
54.7 	a fee for conducting a background study under section 245C.32.
54.8 	(d) Nothing precludes the court from initiating background
54.9 	studies using court data on criminal convictions.

54.10 	Sec. 43. Minnesota Statutes 2004, section 518.165, is
54.11 	amended by adding a subdivision to read:
54.12 		Subd. 5.Procedure, criminal history, and maltreatment
54.13 	records background study. (a) When the court requests a
54.14 	background study under subdivision 4, paragraph (a), the request
54.15 	shall be submitted to the Department of Human Services through
54.16 	the department's electronic online background study system.
54.17 	(b) When the court requests a search of the National
54.18 	Criminal Records Repository, the court must provide a set of
54.19 	classifiable fingerprints of the subject of the study on a
54.20 	fingerprint card provided by the commissioner of human services.
54.21 	(c) The commissioner of human services shall provide the
54.22 	court with information from the Bureau of Criminal
54.23 	Apprehension's Criminal Justice Information System, other
54.24 	criminal history data held by the commissioner of human
54.25 	services, and data regarding substantiated maltreatment of a
54.26 	minor under section 626.556, and substantiated maltreatment of a
54.27 	vulnerable adult under section 626.557, within 15 working days
54.28 	of receipt of a request.  If the subject of the study has been
54.29 	determined by the Department of Human Services or the Department
54.30 	of Health to be the perpetrator of substantiated maltreatment of
54.31 	a minor or vulnerable adult in a licensed facility, the response
54.32 	must include a copy of the public portion of the investigation
54.33 	memorandum under section 626.556, subdivision 10f, or the public
54.34 	portion of the investigation memorandum under section 626.557,
54.35 	subdivision 12b.  When the background study shows that the
54.36 	subject has been determined by a county adult protection or
55.1 	child protection agency to have been responsible for
55.2 	maltreatment, the court shall be informed of the county, the
55.3 	date of the finding, and the nature of the maltreatment that was
55.4 	substantiated.  The commissioner shall provide the court with
55.5 	information from the National Criminal Records Repository within
55.6 	three working days of the commissioner's receipt of the data.
55.7 	When the commissioner finds no criminal history or substantiated
55.8 	maltreatment on a background study subject, the commissioner
55.9 	shall make these results available to the court electronically
55.10 	through the secure online background study system.
55.11 	(d) Notwithstanding section 626.556, subdivision 10f, or
55.12 	626.557, subdivision 12b, if the commissioner or county lead
55.13 	agency has information that a person on whom a background study
55.14 	was previously done under this section has been determined to be
55.15 	a perpetrator of maltreatment of a minor or vulnerable adult,
55.16 	the commissioner or the county may provide this information to
55.17 	the court that requested the background study.

55.18 	Sec. 44. Minnesota Statutes 2004, section 518.165, is
55.19 	amended by adding a subdivision to read:
55.20 		Subd. 6.Rights. The court shall notify the subject of a
55.21 	background study that the subject has the following rights:
55.22 	(1) the right to be informed that the court will request a
55.23 	background study on the subject for the purpose of determining
55.24 	whether the person's appointment or continued appointment is in
55.25 	the best interests of the child;
55.26 	(2) the right to be informed of the results of the study
55.27 	and to obtain from the court a copy of the results; and 
55.28 	(3) the right to challenge the accuracy and completeness of
55.29 	the information contained in the results to the agency
55.30 	responsible for creation of the data except to the extent
55.31 	precluded by section 256.045, subdivision 3.

55.32 	Sec. 45. Minnesota Statutes 2004, section 609A.03,
55.33 	subdivision 7, is amended to read:
55.34 		Subd. 7.Limitations of order.  (a) Upon issuance of an
55.35 	expungement order related to a charge supported by probable
55.36 	cause, the DNA samples and DNA records held by the Bureau of
56.1 	Criminal Apprehension shall not be sealed, returned to the
56.2 	subject of the record, or destroyed.
56.3 	(b) Notwithstanding the issuance of an expungement order:
56.4 	(1) an expunged record may be opened for purposes of a
56.5 	criminal investigation, prosecution, or sentencing, upon an ex
56.6 	parte court order; and 
56.7 	(2) an expunged record of a conviction may be opened for
56.8 	purposes of evaluating a prospective employee in a criminal
56.9 	justice agency without a court order; and 
56.10 	(3) an expunged record of a conviction may be opened for
56.11 	purposes of a background study under section 245C.08 unless the
56.12 	court order for expungement is directed specifically to the
56.13 	commissioner of human services.
56.14 	Upon request by law enforcement, prosecution, or
56.15 	corrections authorities, an agency or jurisdiction subject to an
56.16 	expungement order shall inform the requester of the existence of
56.17 	a sealed record and of the right to obtain access to it as
56.18 	provided by this paragraph.  For purposes of this section, a
56.19 	"criminal justice agency" means courts or a government agency
56.20 	that performs the administration of criminal justice under
56.21 	statutory authority.

56.22 	Sec. 46. Minnesota Statutes 2004, section 626.556,
56.23 	subdivision 10i, is amended to read:
56.24 		Subd. 10i.Administrative reconsideration of final
56.25 	determination of maltreatment and disqualification based on
56.26 	serious or recurring maltreatment; review panel.  (a) Except as
56.27 	provided under paragraph (e), an individual or facility that the
56.28 	commissioner of human services, a local social service agency,
56.29 	or the commissioner of education determines has maltreated a
56.30 	child, an interested person acting on behalf of the child,
56.31 	regardless of the determination, who contests the investigating
56.32 	agency's final determination regarding maltreatment, may request
56.33 	the investigating agency to reconsider its final determination
56.34 	regarding maltreatment.  The request for reconsideration must be
56.35 	submitted in writing to the investigating agency within 15
56.36 	calendar days after receipt of notice of the final determination
57.1 	regarding maltreatment or, if the request is made by an
57.2 	interested person who is not entitled to notice, within 15 days
57.3 	after receipt of the notice by the parent or guardian of the
57.4 	child. If mailed, the request for reconsideration must be
57.5 	postmarked and sent to the investigating agency within 15
57.6 	calendar days of the individual's or facility's receipt of the
57.7 	final determination.  If the request for reconsideration is made
57.8 	by personal service, it must be received by the investigating
57.9 	agency within 15 calendar days after the individual's or
57.10 	facility's receipt of the final determination.Effective
57.11 	January 1, 2002, an individual who was determined to have
57.12 	maltreated a child under this section and who was disqualified
57.13 	on the basis of serious or recurring maltreatment under sections
57.14 	245C.14 and 245C.15, may request reconsideration of the
57.15 	maltreatment determination and the disqualification.  The
57.16 	request for reconsideration of the maltreatment determination
57.17 	and the disqualification must be submitted within 30 calendar
57.18 	days of the individual's receipt of the notice of
57.19 	disqualification under sections 245C.16 and 245C.17. If mailed,
57.20 	the request for reconsideration of the maltreatment
57.21 	determination and the disqualification must be postmarked and
57.22 	sent to the investigating agency within 30 calendar days of the
57.23 	individual's receipt of the maltreatment determination and
57.24 	notice of disqualification.  If the request for reconsideration
57.25 	is made by personal service, it must be received by the
57.26 	investigating agency within 30 calendar days after the
57.27 	individual's receipt of the notice of disqualification.
57.28 	(b) Except as provided under paragraphs (e) and (f), if the
57.29 	investigating agency denies the request or fails to act upon the
57.30 	request within 15 calendar working days after receiving the
57.31 	request for reconsideration, the person or facility entitled to
57.32 	a fair hearing under section 256.045 may submit to the
57.33 	commissioner of human services or the commissioner of education
57.34 	a written request for a hearing under that section.  Section
57.35 	256.045 also governs hearings requested to contest a final
57.36 	determination of the commissioner of education.  For reports
58.1 	involving maltreatment of a child in a facility, an interested
58.2 	person acting on behalf of the child may request a review by the
58.3 	Child Maltreatment Review Panel under section 256.022 if the
58.4 	investigating agency denies the request or fails to act upon the
58.5 	request or if the interested person contests a reconsidered
58.6 	determination.  The investigating agency shall notify persons
58.7 	who request reconsideration of their rights under this
58.8 	paragraph.  The request must be submitted in writing to the
58.9 	review panel and a copy sent to the investigating agency within
58.10 	30 calendar days of receipt of notice of a denial of a request
58.11 	for reconsideration or of a reconsidered determination.  The
58.12 	request must specifically identify the aspects of the agency
58.13 	determination with which the person is dissatisfied.
58.14 	(c) If, as a result of a reconsideration or review, the
58.15 	investigating agency changes the final determination of
58.16 	maltreatment, that agency shall notify the parties specified in
58.17 	subdivisions 10b, 10d, and 10f.
58.18 	(d) Except as provided under paragraph (f), if an
58.19 	individual or facility contests the investigating agency's final
58.20 	determination regarding maltreatment by requesting a fair
58.21 	hearing under section 256.045, the commissioner of human
58.22 	services shall assure that the hearing is conducted and a
58.23 	decision is reached within 90 days of receipt of the request for
58.24 	a hearing.  The time for action on the decision may be extended
58.25 	for as many days as the hearing is postponed or the record is
58.26 	held open for the benefit of either party.
58.27 	(e) Effective January 1, 2002, if an individual was
58.28 	disqualified under sections 245C.14 and 245C.15, on the basis of
58.29 	a determination of maltreatment, which was serious or recurring,
58.30 	and the individual has requested reconsideration of the
58.31 	maltreatment determination under paragraph (a) and requested
58.32 	reconsideration of the disqualification under sections 245C.21
58.33 	to 245C.27, reconsideration of the maltreatment determination
58.34 	and reconsideration of the disqualification shall be
58.35 	consolidated into a single reconsideration.  If reconsideration
58.36 	of the maltreatment determination is denied or the
59.1 	disqualification is not set aside under sections 245C.21 to
59.2 	245C.27, the individual may request a fair hearing under section
59.3 	256.045.  If an individual requests a fair hearing on the
59.4 	maltreatment determination and the disqualification, the scope
59.5 	of the fair hearing shall include both the maltreatment
59.6 	determination and the disqualification.
59.7 	(f) Effective January 1, 2002, if a maltreatment
59.8 	determination or a disqualification based on serious or
59.9 	recurring maltreatment is the basis for a denial of a license
59.10 	under section 245A.05 or a licensing sanction under section
59.11 	245A.07, the license holder has the right to a contested case
59.12 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
59.13 	1400.8612.  As provided for under section 245A.08, subdivision
59.14 	2a, the scope of the contested case hearing shall include the
59.15 	maltreatment determination, disqualification, and licensing
59.16 	sanction or denial of a license.  In such cases, a fair hearing
59.17 	regarding the maltreatment determination shall not be conducted
59.18 	under paragraph (b). When a fine is based on a determination
59.19 	that the license holder is responsible for maltreatment and the
59.20 	fine is issued at the same time as the maltreatment
59.21 	determination, if the license holder appeals the maltreatment
59.22 	and fine, reconsideration of the maltreatment determination
59.23 	shall not be conducted under this section.If the disqualified
59.24 	subject is an individual other than the license holder and upon
59.25 	whom a background study must be conducted under chapter 245C,
59.26 	the hearings of all parties may be consolidated into a single
59.27 	contested case hearing upon consent of all parties and the
59.28 	administrative law judge.
59.29 	(g) For purposes of this subdivision, "interested person
59.30 	acting on behalf of the child" means a parent or legal guardian;
59.31 	stepparent; grandparent; guardian ad litem; adult stepbrother,
59.32 	stepsister, or sibling; or adult aunt or uncle; unless the
59.33 	person has been determined to be the perpetrator of the
59.34 	maltreatment.

59.35 	Sec. 47. Minnesota Statutes 2004, section 626.557,
59.36 	subdivision 9d, is amended to read:
60.1 		Subd. 9d.Administrative reconsideration of final
60.2 	disposition of maltreatment and disqualification based on
60.3 	serious or recurring maltreatment; review panel.  (a) Except as
60.4 	provided under paragraph (e), any individual or facility which a
60.5 	lead agency determines has maltreated a vulnerable adult, or the
60.6 	vulnerable adult or an interested person acting on behalf of the
60.7 	vulnerable adult, regardless of the lead agency's determination,
60.8 	who contests the lead agency's final disposition of an
60.9 	allegation of maltreatment, may request the lead agency to
60.10 	reconsider its final disposition.  The request for
60.11 	reconsideration must be submitted in writing to the lead agency
60.12 	within 15 calendar days after receipt of notice of final
60.13 	disposition or, if the request is made by an interested person
60.14 	who is not entitled to notice, within 15 days after receipt of
60.15 	the notice by the vulnerable adult or the vulnerable adult's
60.16 	legal guardian. If mailed, the request for reconsideration must
60.17 	be postmarked and sent to the lead agency within 15 calendar
60.18 	days of the individual's or facility's receipt of the final
60.19 	disposition.  If the request for reconsideration is made by
60.20 	personal service, it must be received by the lead agency within
60.21 	15 calendar days of the individual's or facility's receipt of
60.22 	the final disposition.An individual who was determined to have
60.23 	maltreated a vulnerable adult under this section and who was
60.24 	disqualified on the basis of serious or recurring maltreatment
60.25 	under sections 245C.14 and 245C.15, may request reconsideration
60.26 	of the maltreatment determination and the disqualification.  The
60.27 	request for reconsideration of the maltreatment determination
60.28 	and the disqualification must be submitted in writing within 30
60.29 	calendar days of the individual's receipt of the notice of
60.30 	disqualification under sections 245C.16 and 245C.17. If mailed,
60.31 	the request for reconsideration of the maltreatment
60.32 	determination and the disqualification must be postmarked and
60.33 	sent to the lead agency within 30 calendar days of the
60.34 	individual's receipt of the notice of disqualification.  If the
60.35 	request for reconsideration is made by personal service, it must
60.36 	be received by the lead agency within 30 calendar days after the
61.1 	individual's receipt of the notice of disqualification.
61.2 	(b) Except as provided under paragraphs (e) and (f), if the
61.3 	lead agency denies the request or fails to act upon the request
61.4 	within 15 calendar working days after receiving the request for
61.5 	reconsideration, the person or facility entitled to a fair
61.6 	hearing under section 256.045, may submit to the commissioner of
61.7 	human services a written request for a hearing under that
61.8 	statute.  The vulnerable adult, or an interested person acting
61.9 	on behalf of the vulnerable adult, may request a review by the
61.10 	Vulnerable Adult Maltreatment Review Panel under section 256.021
61.11 	if the lead agency denies the request or fails to act upon the
61.12 	request, or if the vulnerable adult or interested person
61.13 	contests a reconsidered disposition.  The lead agency shall
61.14 	notify persons who request reconsideration of their rights under
61.15 	this paragraph.  The request must be submitted in writing to the
61.16 	review panel and a copy sent to the lead agency within 30
61.17 	calendar days of receipt of notice of a denial of a request for
61.18 	reconsideration or of a reconsidered disposition.  The request
61.19 	must specifically identify the aspects of the agency
61.20 	determination with which the person is dissatisfied.
61.21 	(c) If, as a result of a reconsideration or review, the
61.22 	lead agency changes the final disposition, it shall notify the
61.23 	parties specified in subdivision 9c, paragraph (d).
61.24 	(d) For purposes of this subdivision, "interested person
61.25 	acting on behalf of the vulnerable adult" means a person
61.26 	designated in writing by the vulnerable adult to act on behalf
61.27 	of the vulnerable adult, or a legal guardian or conservator or
61.28 	other legal representative, a proxy or health care agent
61.29 	appointed under chapter 145B or 145C, or an individual who is
61.30 	related to the vulnerable adult, as defined in section 245A.02,
61.31 	subdivision 13.
61.32 	(e) If an individual was disqualified under sections
61.33 	245C.14 and 245C.15, on the basis of a determination of
61.34 	maltreatment, which was serious or recurring, and the individual
61.35 	has requested reconsideration of the maltreatment determination
61.36 	under paragraph (a) and reconsideration of the disqualification
62.1 	under sections 245C.21 to 245C.27, reconsideration of the
62.2 	maltreatment determination and requested reconsideration of the
62.3 	disqualification shall be consolidated into a single
62.4 	reconsideration.  If reconsideration of the maltreatment
62.5 	determination is denied or if the disqualification is not set
62.6 	aside under sections 245C.21 to 245C.27, the individual may
62.7 	request a fair hearing under section 256.045.  If an individual
62.8 	requests a fair hearing on the maltreatment determination and
62.9 	the disqualification, the scope of the fair hearing shall
62.10 	include both the maltreatment determination and the
62.11 	disqualification.
62.12 	(f) If a maltreatment determination or a disqualification
62.13 	based on serious or recurring maltreatment is the basis for a
62.14 	denial of a license under section 245A.05 or a licensing
62.15 	sanction under section 245A.07, the license holder has the right
62.16 	to a contested case hearing under chapter 14 and Minnesota
62.17 	Rules, parts 1400.8505 to 1400.8612.  As provided for under
62.18 	section 245A.08, the scope of the contested case hearing shall
62.19 	include the maltreatment determination, disqualification, and
62.20 	licensing sanction or denial of a license.  In such cases, a
62.21 	fair hearing shall not be conducted under paragraph (b). When a
62.22 	fine is based on a determination that the license holder is
62.23 	responsible for maltreatment and the fine is issued at the same
62.24 	time as the maltreatment determination, if the license holder
62.25 	appeals the maltreatment and fine, reconsideration of the
62.26 	maltreatment determination shall not be conducted under this
62.27 	section.If the disqualified subject is an individual other
62.28 	than the license holder and upon whom a background study must be
62.29 	conducted under chapter 245C, the hearings of all parties may be
62.30 	consolidated into a single contested case hearing upon consent
62.31 	of all parties and the administrative law judge.
62.32 	(g) Until August 1, 2002, an individual or facility that
62.33 	was determined by the commissioner of human services or the
62.34 	commissioner of health to be responsible for neglect under
62.35 	section 626.5572, subdivision 17, after October 1, 1995, and
62.36 	before August 1, 2001, that believes that the finding of neglect
63.1 	does not meet an amended definition of neglect may request a
63.2 	reconsideration of the determination of neglect.  The
63.3 	commissioner of human services or the commissioner of health
63.4 	shall mail a notice to the last known address of individuals who
63.5 	are eligible to seek this reconsideration.  The request for
63.6 	reconsideration must state how the established findings no
63.7 	longer meet the elements of the definition of neglect.  The
63.8 	commissioner shall review the request for reconsideration and
63.9 	make a determination within 15 calendar days.  The
63.10 	commissioner's decision on this reconsideration is the final
63.11 	agency action.
63.12 	(1) For purposes of compliance with the data destruction
63.13 	schedule under subdivision 12b, paragraph (d), when a finding of
63.14 	substantiated maltreatment has been changed as a result of a
63.15 	reconsideration under this paragraph, the date of the original
63.16 	finding of a substantiated maltreatment must be used to
63.17 	calculate the destruction date.
63.18 	(2) For purposes of any background studies under chapter
63.19 	245C, when a determination of substantiated maltreatment has
63.20 	been changed as a result of a reconsideration under this
63.21 	paragraph, any prior disqualification of the individual under
63.22 	chapter 245C that was based on this determination of
63.23 	maltreatment shall be rescinded, and for future background
63.24 	studies under chapter 245C the commissioner must not use the
63.25 	previous determination of substantiated maltreatment as a basis
63.26 	for disqualification or as a basis for referring the
63.27 	individual's maltreatment history to a health-related licensing
63.28 	board under section 245C.31.

63.29 	Sec. 48. Minnesota Statutes 2004, section 626.557,
63.30 	subdivision 14, is amended to read:
63.31 		Subd. 14.Abuse prevention plans.  (a) Each facility,
63.32 	except home health agencies and personal care attendant services
63.33 	providers, shall establish and enforce an ongoing written abuse
63.34 	prevention plan.  The plan shall contain an assessment of the
63.35 	physical plant, its environment, and its population identifying
63.36 	factors which may encourage or permit abuse, and a statement of
64.1 	specific measures to be taken to minimize the risk of abuse.
64.2 	The plan shall comply with any rules governing the plan
64.3 	promulgated by the licensing agency.
64.4 	(b) Each facility, including a home health care agency and
64.5 	personal care attendant services providers, shall develop an
64.6 	individual abuse prevention plan for each vulnerable adult
64.7 	residing there or receiving services from them.  The plan shall
64.8 	contain an individualized assessment of both the person's
64.9 	susceptibility to abuse by other individuals, including other
64.10 	vulnerable adults, and the potential risks posed by the person
64.11 	to the other patients, to facility staff, and to others; and a
64.12 	statement of the specific measures to be taken to minimize the
64.13 	risk of abuse to that person and others.  For the purposes of
64.14 	this clause, the term "abuse" includes self-abuse.

64.15 	Sec. 49. REPEALER.
 64.16 	Minnesota Statutes 2004, section 246.017, subdivision 1, is
64.17 	repealed.