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 a patient required to register as a
1.7 	predatory offender in completing registration forms;
1.8 	adding a notification provision for certain patients
1.9 	released on pass; adding a provision to abuse
1.10 	prevention plans; amending Minnesota Statutes 2004,
1.11 	sections 13.46, subdivision 4; 243.166, subdivision 7;
1.12 	245A.02, subdivision 17; 245A.03, subdivisions 2, 3;
1.13 	245A.035, subdivision 5; 245A.04, subdivisions 7, 13;
1.14 	245A.07, subdivisions 1, 3; 245A.08, subdivisions 2a,
1.15 	5; 245A.14, by adding subdivisions; 245A.144; 245A.16,
1.16 	subdivisions 1, 4; 245A.18; 245B.02, subdivision 10;
1.17 	245B.055, subdivision 7; 245B.07, subdivision 8;
1.18 	245C.03, subdivision 1; 245C.07; 245C.08, subdivisions
1.19 	1, 2; 245C.15, subdivisions 1, 2, 3, 4; 245C.17,
1.20 	subdivision 2; 245C.21, subdivision 2; 245C.22,
1.21 	subdivisions 3, 4; 245C.24, subdivisions 2, 3;
1.22 	245C.27, subdivision 1; 245C.28, subdivision 3;
1.23 	245C.30, subdivision 2; 246.13; 253B.18, subdivision
1.24 	4a; 260B.163, subdivision 6; 260C.163, subdivision 5;
1.25 	299C.093; 518.165, by adding subdivisions; 609A.03,
1.26 	subdivision 7; 626.556, subdivision 10i; 626.557,
1.27 	subdivisions 9d, 14; repealing Minnesota Statutes
1.28 	2004, section 246.017, 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 (c).

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.035,
9.30 	subdivision 5, is amended to read:
9.31 		Subd. 5.Child foster care license application. (a) The
9.32 	emergency license holder shall complete the child foster care
9.33 	license application and necessary paperwork within ten days of
9.34 	the placement.  The county agency shall assist the emergency
9.35 	license holder to complete the application.  The granting of a
9.36 	child foster care license to a relative shall be under the
10.1 	procedures in this chapter and according to the standards set
10.2 	forth by foster care rule.  In licensing a relative, the
10.3 	commissioner shall consider the importance of maintaining the
10.4 	child's relationship with relatives as an additional significant
10.5 	factor in determining whether to set aside a licensing
10.6 	disqualifier under section 245C.22, or to grant a variance of
10.7 	licensing requirements under sections 245C.21 to 245C.27.
10.8 	(b) When the county or private child placing agency is
10.9 	processing an application for child foster care licensure of a
10.10 	relative as defined in sections 260B.007, subdivision 12, or
10.11 	260C.007, subdivision 27, the county agency or child placing
10.12 	agency must explain the licensing process to the prospective
10.13 	licensee, including the background study process and the
10.14 	procedure for reconsideration of an initial disqualification for
10.15 	licensure.  The county or private child placing agency must also
10.16 	provide the prospective relative licensee with information
10.17 	regarding appropriate options for legal representation in the
10.18 	pertinent geographic area.  If a relative is initially
10.19 	disqualified under section 245C.14, the county or child-placing
10.20 	agency must provide written notice of the reasons for the
10.21 	disqualification and the right to request a reconsideration by
10.22 	the commissioner as required under section 245C.17.
10.23 	(c) The commissioner shall maintain licensing data so that
10.24 	activities related to applications and licensing actions for
10.25 	relative foster care providers may be distinguished from other
10.26 	child foster care settings.

10.27 	Sec. 7. Minnesota Statutes 2004, section 245A.04,
10.28 	subdivision 7, is amended to read:
10.29 		Subd. 7.Issuance of a license; extension of a license.
 10.30 	(a) If the commissioner determines that the program complies
10.31 	with all applicable rules and laws, the commissioner shall issue
10.32 	a license.  At minimum, the license shall state:
10.33 	(1) the name of the license holder;
10.34 	(2) the address of the program;
10.35 	(3) the effective date and expiration date of the license;
10.36 	(4) the type of license;
11.1 	(5) the maximum number and ages of persons that may receive
11.2 	services from the program; and
11.3 	(6) any special conditions of licensure.
11.4 	(b) The commissioner may issue an initial license for a
11.5 	period not to exceed two years if:
11.6 	(1) the commissioner is unable to conduct the evaluation or
11.7 	observation required by subdivision 4, paragraph (a), clauses (3)
11.8 	and (4), because the program is not yet operational;
11.9 	(2) certain records and documents are not available because
11.10 	persons are not yet receiving services from the program; and
11.11 	(3) the applicant complies with applicable laws and rules
11.12 	in all other respects.
11.13 	(c) A decision by the commissioner to issue a license does
11.14 	not guarantee that any person or persons will be placed or cared
11.15 	for in the licensed program.  A license shall not be
11.16 	transferable to another individual, corporation, partnership,
11.17 	voluntary association, other organization, or controlling or to
11.18 	another location.
11.19 	(d) A license holder must notify the commissioner and
11.20 	obtain the commissioner's approval before making any changes
11.21 	that would alter the license information listed under paragraph
11.22 	(a).
11.23 	(e) The commissioner shall not issue a license if the
11.24 	applicant, license holder, or controlling individual has:
11.25 	(1) been disqualified and the disqualification was not set
11.26 	aside;
11.27 	(2) has been denied a license within the past two years; or
11.28 	(3) had a license revoked within the past five years.
11.29 	(f) The commissioner shall not issue a license if an
11.30 	individual living in the household where the licensed services
11.31 	will be provided as specified under section 245C.03, subdivision
11.32 	1, has been disqualified and the disqualification has not been
11.33 	set aside.
11.34 	For purposes of reimbursement for meals only, under the
11.35 	Child and Adult Care Food Program, Code of Federal Regulations,
11.36 	title 7, subtitle B, chapter II, subchapter A, part 226,
12.1 	relocation within the same county by a licensed family day care
12.2 	provider, shall be considered an extension of the license for a
12.3 	period of no more than 30 calendar days or until the new license
12.4 	is issued, whichever occurs first, provided the county agency
12.5 	has determined the family day care provider meets licensure
12.6 	requirements at the new location.
12.7 	Unless otherwise specified by statute, all licenses expire
12.8 	at 12:01 a.m. on the day after the expiration date stated on the
12.9 	license.  A license holder must apply for and be granted a new
12.10 	license to operate the program or the program must not be
12.11 	operated after the expiration date.

12.12 	Sec. 8. Minnesota Statutes 2004, section 245A.04,
12.13 	subdivision 13, is amended to read:
12.14 		Subd. 13.residential programs handling resident funds
12.15 	and property; additional requirements.  (a) A license holder
12.16 	must ensure that residents persons served by the program retain
12.17 	the use and availability of personal funds or property unless
12.18 	restrictions are justified in the resident's person's individual
12.19 	plan. This subdivision does not apply to programs governed by
12.20 	the provisions in section 245B.07, subdivision 10.
12.21 	(b) The license holder must ensure separation of resident 
12.22 	funds of persons served by the program from funds of the license
12.23 	holder, the residential program, or program staff.
12.24 	(c) Whenever the license holder assists a resident person
12.25 	served by the program with the safekeeping of funds or other
12.26 	property, the license holder must:
12.27 	(1) immediately document receipt and disbursement of the
12.28 	resident's person's funds or other property at the time of
12.29 	receipt or disbursement, including the person's signature of the
12.30 	resident, or the signature of the conservator,or payee; and 
12.31 	(2) provide a statement, at least quarterly, itemizing
12.32 	receipts and disbursements of resident funds or other property;
12.33 	and 
12.34 	(3) return to the resident person upon the
12.35 	resident's person's request, funds and property in the license
12.36 	holder's possession subject to restrictions in the resident's 
13.1 	person's treatment plan, as soon as possible, but no later than
13.2 	three working days after the date of request.
13.3 	(d) License holders and program staff must not:
13.4 	(1) borrow money from a resident person served by the
13.5 	program;
13.6 	(2) purchase personal items from a resident person served
13.7 	by the program;
13.8 	(3) sell merchandise or personal services to a resident 
13.9 	person served by the program;
13.10 	(4) require a resident person served by the program to
13.11 	purchase items for which the license holder is eligible for
13.12 	reimbursement; or
13.13 	(5) use resident funds of persons served by the program to
13.14 	purchase items for which the facility is already receiving
13.15 	public or private payments.

13.16 	Sec. 9. Minnesota Statutes 2004, section 245A.07,
13.17 	subdivision 1, is amended to read:
13.18 		Subdivision 1.Sanctions available; appeals; temporary
13.19 	provisional license. (a) In addition to making a license
13.20 	conditional under section 245A.06, the commissioner may propose
13.21 	to suspend or revoke the license, impose a fine, or secure an
13.22 	injunction against the continuing operation of the program of a
13.23 	license holder who does not comply with applicable law or rule.
13.24 	When applying sanctions authorized under this section, the
13.25 	commissioner shall consider the nature, chronicity, or severity
13.26 	of the violation of law or rule and the effect of the violation
13.27 	on the health, safety, or rights of persons served by the
13.28 	program.
13.29 	(b) If a license holder appeals the suspension or
13.30 	revocation of a license and the license holder continues to
13.31 	operate the program pending a final order on the appeal, and the
13.32 	license expires during this time period, the commissioner shall
13.33 	issue the license holder a temporary provisional license.  The
13.34 	temporary provisional license is effective on the date issued
13.35 	and expires on the date that a final order is issued.  Unless
13.36 	otherwise specified by the commissioner, variances in effect on
14.1 	the date of the license sanction under appeal continue under the
14.2 	temporary provisional license.  If a license holder fails to
14.3 	comply with applicable law or rule while operating under a
14.4 	temporary provisional license, the commissioner may impose
14.5 	sanctions under this section and section 245A.06, and may
14.6 	terminate any prior variance.  If the license holder prevails on
14.7 	the appeal and the effective period of the previous license has
14.8 	expired, a new license shall be issued to the license holder
14.9 	upon payment of any fee required under section 245A.10.  The
14.10 	effective date of the new license shall be retroactive to the
14.11 	date the license would have shown had no sanction been
14.12 	initiated.  The expiration date shall be the expiration date of
14.13 	that license had no license sanction been initiated.
14.14 	(c) If a license holder is under investigation and the
14.15 	license is due to expire before completion of the investigation,
14.16 	the program shall be issued a new license upon completion of the
14.17 	reapplication requirements.  Upon completion of the
14.18 	investigation, a licensing sanction may be imposed against the
14.19 	new license under this section, section 245A.06, or 245A.08.
14.20 	(d) Failure to reapply or closure of a license by the
14.21 	license holder prior to the completion of any investigation
14.22 	shall not preclude the commissioner from issuing a licensing
14.23 	sanction under this section, section 245A.06, or 245A.08 at the
14.24 	conclusion of the investigation.

14.25 	Sec. 10. Minnesota Statutes 2004, section 245A.07,
14.26 	subdivision 3, is amended to read:
14.27 		Subd. 3.License suspension, revocation, or fine. (a) 
14.28 	The commissioner may suspend or revoke a license, or impose a
14.29 	fine if a license holder fails to comply fully with applicable
14.30 	laws or rules, if a license holder or an individual living in
14.31 	the household where the licensed services are provided has a
14.32 	disqualification which has not been set aside under section
14.33 	245C.22, or if a license holder knowingly withholds relevant
14.34 	information from or gives false or misleading information to the
14.35 	commissioner in connection with an application for a license, in
14.36 	connection with the background study status of an individual, or
15.1 	during an investigation.  A license holder who has had a license
15.2 	suspended, revoked, or has been ordered to pay a fine must be
15.3 	given notice of the action by certified mail or personal
15.4 	service.  If mailed, the notice must be mailed to the address
15.5 	shown on the application or the last known address of the
15.6 	license holder.  The notice must state the reasons the license
15.7 	was suspended, revoked, or a fine was ordered.
15.8 	(a) (b) If the license was suspended or revoked, the notice
15.9 	must inform the license holder of the right to a contested case
15.10 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
15.11 	1400.8612.  The license holder may appeal an order suspending or
15.12 	revoking a license.  The appeal of an order suspending or
15.13 	revoking a license must be made in writing by certified mail or
15.14 	personal service.  If mailed, the appeal must be postmarked and
15.15 	sent to the commissioner within ten calendar days after the
15.16 	license holder receives notice that the license has been
15.17 	suspended or revoked.  If a request is made by personal service,
15.18 	it must be received by the commissioner within ten calendar days
15.19 	after the license holder received the order.  Except as provided
15.20 	in subdivision 2a, paragraph (c), a timely appeal of an order
15.21 	suspending or revoking a license shall stay the suspension or
15.22 	revocation until the commissioner issues a final order.
15.23 	(b) (c) (1) If the license holder was ordered to pay a fine,
15.24 	the notice must inform the license holder of the responsibility
15.25 	for payment of fines and the right to a contested case hearing
15.26 	under chapter 14 and Minnesota Rules, parts 1400.8505 to
15.27 	1400.8612.  The appeal of an order to pay a fine must be made in
15.28 	writing by certified mail or personal service.  If mailed, the
15.29 	appeal must be postmarked and sent to the commissioner within
15.30 	ten calendar days after the license holder receives notice that
15.31 	the fine has been ordered.  If a request is made by personal
15.32 	service, it must be received by the commissioner within ten
15.33 	calendar days after the license holder received the order.
15.34 	(2) The license holder shall pay the fines assessed on or
15.35 	before the payment date specified.  If the license holder fails
15.36 	to fully comply with the order, the commissioner may issue a
16.1 	second fine or suspend the license until the license holder
16.2 	complies.  If the license holder receives state funds, the
16.3 	state, county, or municipal agencies or departments responsible
16.4 	for administering the funds shall withhold payments and recover
16.5 	any payments made while the license is suspended for failure to
16.6 	pay a fine.  A timely appeal shall stay payment of the fine
16.7 	until the commissioner issues a final order.
16.8 	(3) A license holder shall promptly notify the commissioner
16.9 	of human services, in writing, when a violation specified in the
16.10 	order to forfeit a fine is corrected.  If upon reinspection the
16.11 	commissioner determines that a violation has not been corrected
16.12 	as indicated by the order to forfeit a fine, the commissioner
16.13 	may issue a second fine.  The commissioner shall notify the
16.14 	license holder by certified mail or personal service that a
16.15 	second fine has been assessed.  The license holder may appeal
16.16 	the second fine as provided under this subdivision.
16.17 	(4) Fines shall be assessed as follows:  the license holder
16.18 	shall forfeit $1,000 for each determination of maltreatment of a
16.19 	child under section 626.556 or the maltreatment of a vulnerable
16.20 	adult under section 626.557; the license holder shall forfeit
16.21 	$200 for each occurrence of a violation of law or rule governing
16.22 	matters of health, safety, or supervision, including but not
16.23 	limited to the provision of adequate staff-to-child or adult
16.24 	ratios, and failure to submit a background study; and the
16.25 	license holder shall forfeit $100 for each occurrence of a
16.26 	violation of law or rule other than those subject to a $1,000 or
16.27 	$200 fine above.  For purposes of this section, "occurrence"
16.28 	means each violation identified in the commissioner's fine order.
16.29 	(5) When a fine has been assessed, the license holder may
16.30 	not avoid payment by closing, selling, or otherwise transferring
16.31 	the licensed program to a third party.  In such an event, the
16.32 	license holder will be personally liable for payment.  In the
16.33 	case of a corporation, each controlling individual is personally
16.34 	and jointly liable for payment.

16.35 	Sec. 11. Minnesota Statutes 2004, section 245A.08,
16.36 	subdivision 2a, is amended to read:
17.1 		Subd. 2a.Consolidated contested case hearings for
17.2 	sanctions based on maltreatment determinations and
17.3 	disqualifications.  (a) When a denial of a license under section
17.4 	245A.05 or a licensing sanction under section 245A.07,
17.5 	subdivision 3, is based on a disqualification for which
17.6 	reconsideration was requested and which was not set aside under
17.7 	section 245C.22, the scope of the contested case hearing shall
17.8 	include the disqualification and the licensing sanction or
17.9 	denial of a license.  When the licensing sanction or denial of a
17.10 	license is based on a determination of maltreatment under
17.11 	section 626.556 or 626.557, or a disqualification for serious or
17.12 	recurring maltreatment which was not set aside, the scope of the
17.13 	contested case hearing shall include the maltreatment
17.14 	determination, disqualification, and the licensing sanction or
17.15 	denial of a license.  In such cases, a fair hearing under
17.16 	section 256.045 shall not be conducted as provided for in
17.17 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d.
17.18 	When a fine is based on a determination that the license holder
17.19 	is responsible for maltreatment and the fine is issued at the
17.20 	same time as the maltreatment determination, if the license
17.21 	holder appeals the maltreatment and fine, the scope of the
17.22 	contested case hearing shall include the maltreatment
17.23 	determination and fine and reconsideration of the maltreatment
17.24 	determination shall not be conducted as provided for in sections
17.25 	626.556, subdivision 10i, and 626.557, subdivision 9d.
17.26 	(b) In consolidated contested case hearings regarding
17.27 	sanctions issued in family child care, child foster care, family
17.28 	adult day services,and adult foster care, the county attorney
17.29 	shall defend the commissioner's orders in accordance with
17.30 	section 245A.16, subdivision 4.
17.31 	(c) The commissioner's final order under subdivision 5 is
17.32 	the final agency action on the issue of maltreatment and
17.33 	disqualification, including for purposes of subsequent
17.34 	background studies under chapter 245C and is the only
17.35 	administrative appeal of the final agency determination,
17.36 	specifically, including a challenge to the accuracy and
18.1 	completeness of data under section 13.04.
18.2 	(d) When consolidated hearings under this subdivision
18.3 	involve a licensing sanction based on a previous maltreatment
18.4 	determination for which the commissioner has issued a final
18.5 	order in an appeal of that determination under section 256.045,
18.6 	or the individual failed to exercise the right to appeal the
18.7 	previous maltreatment determination under section 626.556,
18.8 	subdivision 10i, or 626.557, subdivision 9d, the commissioner's
18.9 	order is conclusive on the issue of maltreatment.  In such
18.10 	cases, the scope of the administrative law judge's review shall
18.11 	be limited to the disqualification and the licensing sanction or
18.12 	denial of a license.  In the case of a denial of a license or a
18.13 	licensing sanction issued to a facility based on a maltreatment
18.14 	determination regarding an individual who is not the license
18.15 	holder or a household member, the scope of the administrative
18.16 	law judge's review includes the maltreatment determination.
18.17 	(e) If a maltreatment determination or disqualification,
18.18 	which was not set aside under section 245C.22, is the basis for
18.19 	a denial of a license under section 245A.05 or a licensing
18.20 	sanction under section 245A.07, and the disqualified subject is
18.21 	an individual other than the license holder and upon whom a
18.22 	background study must be conducted under section 245C.03, the
18.23 	hearings of all parties may be consolidated into a single
18.24 	contested case hearing upon consent of all parties and the
18.25 	administrative law judge.
18.26 	(f) Notwithstanding section 245C.27, subdivision 1,
18.27 	paragraph (c), when a denial of a license under section 245A.05
18.28 	or a licensing sanction under section 245A.07 is based on a
18.29 	disqualification for which reconsideration was requested and was
18.30 	not set aside under section 245C.22, and the disqualification
18.31 	was based on a conviction or an admission to any crimes listed
18.32 	in section 245C.15, the scope of the administrative law judge's
18.33 	review shall include the denial or sanction and a determination
18.34 	whether the disqualification should be set aside.  In
18.35 	determining whether the disqualification should be set aside,
18.36 	the administrative law judge shall consider the factors under
19.1 	section 245C.22, subdivision 4, to determine whether the
19.2 	individual poses a risk of harm to any person receiving services
19.3 	from the license holder.
19.4 	(g) Notwithstanding section 245C.30, subdivision 5, when a
19.5 	licensing sanction under section 245A.07 is based on the
19.6 	termination of a variance under section 245C.30, subdivision 4,
19.7 	the scope of the administrative law judge's review shall include
19.8 	the sanction and a determination whether the disqualification
19.9 	should be set aside.  In determining whether the
19.10 	disqualification should be set aside, the administrative law
19.11 	judge shall consider the factors under section 245C.22,
19.12 	subdivision 4, to determine whether the individual poses a risk
19.13 	of harm to any person receiving services from the license holder.

19.14 	Sec. 12. Minnesota Statutes 2004, section 245A.08,
19.15 	subdivision 5, is amended to read:
19.16 		Subd. 5.Notice of the commissioner's final order.  After
19.17 	considering the findings of fact, conclusions, and
19.18 	recommendations of the administrative law judge, the
19.19 	commissioner shall issue a final order.  The commissioner shall
19.20 	consider, but shall not be bound by, the recommendations of the
19.21 	administrative law judge.  The appellant must be notified of the
19.22 	commissioner's final order as required by chapter 14 and
19.23 	Minnesota Rules, parts 1400.8505 to 1400.8612.  The notice must
19.24 	also contain information about the appellant's rights under
19.25 	chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.
19.26 	The institution of proceedings for judicial review of the
19.27 	commissioner's final order shall not stay the enforcement of the
19.28 	final order except as provided in section 14.65.
19.29 		Subd. 5a.Effect of final order on granting a subsequent
19.30 	license. (a) A license holder and each controlling individual
19.31 	of a license holder whose license has been revoked because of
19.32 	noncompliance with applicable law or rule must not be granted a
19.33 	license for five years following the
19.34 	revocation. Notwithstanding the five-year restriction, when a
19.35 	license is revoked because a person, other than the license
19.36 	holder, resides in the home where services are provided and that
20.1 	person has a disqualification that is not set aside and no
20.2 	variance has been granted, the former license holder may reapply
20.3 	for a license when:
20.4 	(1) the person with a disqualification, who is not a minor
20.5 	child, is no longer residing in the home and is prohibited from
20.6 	residing in or returning to the home; or 
20.7 	(2) a minor child, who was the disqualified person who was
20.8 	the subject of the license revocation, becomes an adult and
20.9 	permanently moves from the former license holder's home or five
20.10 	years have passed since the disqualification, whichever is less.
20.11 	(b) An applicant whose application was denied must not be
20.12 	granted a license for two years following a denial, unless the
20.13 	applicant's subsequent application contains new information
20.14 	which constitutes a substantial change in the conditions that
20.15 	caused the previous denial.

20.16 	Sec. 13. Minnesota Statutes 2004, section 245A.14, is
20.17 	amended by adding a subdivision to read:
20.18 		Subd. 12.First aid training requirements for staff in
20.19 	child care centers. Notwithstanding Minnesota Rules, part
20.20 	9503.0035, subpart 2, first aid training may be less than eight
20.21 	hours and persons qualified to provide first aid training shall
20.22 	include individuals approved as first aid instructors.

20.23 	Sec. 14. Minnesota Statutes 2004, section 245A.14, is
20.24 	amended by adding a subdivision to read:
20.25 		Subd. 13.Cardiopulmonary resuscitation (cpr) training
20.26 	requirement. (a) When children are present in a child care
20.27 	center governed by Minnesota Rules, parts 9503.0005 to
20.28 	9503.0170, or in a family child care home governed by Minnesota
20.29 	Rules, parts 9502.0315 to 9502.0445, at least one staff person
20.30 	must be present in the center or home who as been trained in
20.31 	cardiopulmonary resuscitation (CPR) and in the treatment of
20.32 	obstructed airways.  The CPR training must have been provided by
20.33 	an individual approved to provide CPR instruction, must be
20.34 	repeated at least once every three years, and must be documented
20.35 	in the staff person's records.
20.36 	(b) Notwithstanding Minnesota Rules, part 9503.0035,
21.1 	subpart 3, item A, cardiopulmonary resuscitation training may be
21.2 	provided for less than four hours.
21.3 	(c) Notwithstanding Minnesota Rules, part 9503.0035,
21.4 	subpart 3, item C, persons qualified to provide cardiopulmonary
21.5 	resuscitation training shall include individuals approved as
21.6 	cardiopulmonary resuscitation instructors.
21.7 	
EFFECTIVE DATE. This section is effective January 1, 2006.

21.8 	Sec. 15. Minnesota Statutes 2004, section 245A.144, is
21.9 	amended to read:
21.10 	245A.144 REDUCTION OF RISK OF SUDDEN INFANT DEATH SYNDROME
21.11 	AND SHAKEN BABY SYNDROME IN CHILD CARE AND CHILD FOSTER CARE 
21.12 	PROGRAMS.
21.13 	(a) License holders must ensure document that before staff
21.14 	persons, caregivers, and helpers assist in the care of infants,
21.15 	they receive training on reducing the risk of sudden infant
21.16 	death syndrome and shaken baby syndrome.  The training on
21.17 	reducing the risk of sudden infant death syndrome and shaken
21.18 	baby syndrome may be provided as:
21.19 	(1) orientation training to child care center staff under
21.20 	Minnesota Rules, part 9503.0035, subpart 1, as and to child
21.21 	foster care providers, who care for infants, under Minnesota
21.22 	Rules, part 2960.3070, subpart 1;
21.23 	(2) initial training to family and group family child care
21.24 	providers under Minnesota Rules, part 9502.0385, subpart 2, as ;
21.25 	(3) in-service training to child care center staff under
21.26 	Minnesota Rules, part 9503.0035, subpart 4, and to child foster
21.27 	care providers, who care for infants, under Minnesota Rules,
21.28 	part 2960.3070, subpart 2;or as 
21.29 	(4) ongoing training to family and group family child care
21.30 	providers under Minnesota Rules, part 9502.0385, subpart 3.
21.31 	(b) Training required under this section must be at least
21.32 	one hour in length and must be completed at least once every
21.33 	five years.  At a minimum, the training must address the risk
21.34 	factors related to sudden infant death syndrome and shaken baby
21.35 	syndrome, means of reducing the risk of sudden infant death
21.36 	syndrome and shaken baby syndrome in child care, and license
22.1 	holder communication with parents regarding reducing the risk of
22.2 	sudden infant death syndrome and shaken baby syndrome.
22.3 	(c) Training for family and group family child care
22.4 	providers must be approved by the county licensing agency
22.5 	according to Minnesota Rules, part 9502.0385.
22.6 	(d) Training for child foster care providers must be
22.7 	approved by the county licensing agency and fulfills, in part,
22.8 	training required under Minnesota Rules, part 2960.3070.

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

22.10 	Sec. 16. Minnesota Statutes 2004, section 245A.16,
22.11 	subdivision 1, is amended to read:
22.12 		Subdivision 1.Delegation of authority to agencies.  (a)
22.13 	County agencies and private agencies that have been designated
22.14 	or licensed by the commissioner to perform licensing functions
22.15 	and activities under section 245A.04 and chapter 245C, to
22.16 	recommend denial of applicants under section 245A.05, to issue
22.17 	correction orders, to issue variances, and recommend a
22.18 	conditional license under section 245A.06, or to recommend
22.19 	suspending or revoking a license or issuing a fine under section
22.20 	245A.07, shall comply with rules and directives of the
22.21 	commissioner governing those functions and with this section.
22.22 	The following variances are excluded from the delegation of
22.23 	variance authority and may be issued only by the commissioner:
22.24 	(1) dual licensure of family child care and child foster
22.25 	care, dual licensure of child and adult foster care, and adult
22.26 	foster care and family child care;
22.27 	(2) adult foster care maximum capacity;
22.28 	(3) adult foster care minimum age requirement;
22.29 	(4) child foster care maximum age requirement;
22.30 	(5) variances regarding disqualified individuals except
22.31 	that county agencies may issue variances under section 245C.30
22.32 	regarding disqualified individuals when the county is
22.33 	responsible for conducting a consolidated reconsideration
22.34 	according to sections 245C.25 and 245C.27, subdivision 2,
22.35 	clauses (a) and (b), of a county maltreatment determination and
22.36 	a disqualification based on serious or recurring maltreatment;
23.1 	and
23.2 	(6) the required presence of a caregiver in the adult
23.3 	foster care residence during normal sleeping hours.
23.4 	(b) County agencies must report:
23.5 	(1) information about disqualification reconsiderations
23.6 	under sections 245C.25 and 245C.27, subdivision 2, clauses (a)
23.7 	and (b), and variances granted under paragraph (a), clause (5),
23.8 	to the commissioner at least monthly in a format prescribed by
23.9 	the commissioner; and 
23.10 	(2) for relative child foster care applicants and license
23.11 	holders, the number of relatives, as defined in section
23.12 	260C.007, subdivision 27; household members of relatives who are
23.13 	disqualified under section 245C.14; the disqualifying
23.14 	characteristics under section 245C.15; the number of these
23.15 	individuals who requested reconsideration under section 245C.21;
23.16 	number of set-asides under section 245C.22; and variances under
23.17 	section 245C.30 issued.  This information shall be reported to
23.18 	the commissioner annually by January 15 of each year in a format
23.19 	prescribed by the commissioner.
23.20 	(c) For family day care programs, the commissioner may
23.21 	authorize licensing reviews every two years after a licensee has
23.22 	had at least one annual review.
23.23 	(d) For family adult day services programs, the
23.24 	commissioner may authorize licensing reviews every two years
23.25 	after a licensee has had at least one annual review.
23.26 	(e) A license issued under this section may be issued for
23.27 	up to two years.

23.28 	Sec. 17. Minnesota Statutes 2004, section 245A.16,
23.29 	subdivision 4, is amended to read:
23.30 		Subd. 4.Enforcement of the commissioner's orders.  The
23.31 	county or private agency shall enforce the commissioner's orders
23.32 	under sections 245A.07, 245A.08, subdivision 5, and chapter
23.33 	245C, according to the instructions of the commissioner.  The
23.34 	county attorney shall assist the county agency in the
23.35 	enforcement and defense of the commissioner's orders under
23.36 	sections 245A.07, 245A.08, and chapter 245C, according to the
24.1 	instructions of the commissioner, unless a conflict of interest
24.2 	exists between the county attorney and the commissioner. For
24.3 	purposes of this section, a conflict of interest means that the
24.4 	county attorney has a direct or shared financial interest with
24.5 	the license holder or has a personal relationship or family
24.6 	relationship with a party in the licensing action.

24.7 	Sec. 18. Minnesota Statutes 2004, section 245A.18, is
24.8 	amended to read:
24.9 	245A.18  SEAT BELT USE REQUIRED CHILD PASSENGER RESTRAINT
24.10 	SYSTEMS; TRAINING REQUIREMENT.
24.11 		Subdivision 1.Seat belt use. (a) When a nonresidential 
24.12 	license holder provides or arranges for transportation for
24.13 	children served by the license holder, children four years old
24.14 	and older must be restrained by a properly adjusted and fastened
24.15 	seat belt and children under age four must be properly fastened
24.16 	in a child passenger restraint system meeting federal motor
24.17 	vehicle safety standards.  A child passenger restraint system is
24.18 	not required for a child who, in the judgment of a licensed
24.19 	physician, cannot be safely transported in a child passenger
24.20 	restraint system because of a medical condition, body size, or
24.21 	physical disability, if the license holder possesses a written
24.22 	statement from the physician that satisfies the requirements in
24.23 	section 169.685, subdivision 6, paragraph (b).
24.24 	(b) Paragraph (a) does not apply to transportation of
24.25 	children in a school bus inspected under section 169.451 that
24.26 	has a gross vehicle weight rating of more than 10,000 pounds, is
24.27 	designed for carrying more than ten persons, and was
24.28 	manufactured after 1977 the license holder must comply with all
24.29 	seat belt and child passenger restraint system requirements
24.30 	under section 169.685.
24.31 		Subd. 2.Child passenger restraint systems training
24.32 	requirements. (a) Family and group family child care, child
24.33 	care centers, child foster care, and other programs licensed by
24.34 	the Department of Human Services that serve a child or children
24.35 	under nine years of age must document training that fulfills the
24.36 	requirements in this subdivision.
25.1 	(b) Before a license holder, staff person, caregiver, or
25.2 	helper transports a child or children under nine years of age in
25.3 	a motor vehicle, the person transporting the child must
25.4 	satisfactorily complete training on the proper use and
25.5 	installation of child restraint systems in motor vehicles.
25.6 	Training completed under this section may be used to meet
25.7 	initial or ongoing training under the following:
25.8 	(1) Minnesota Rules, part 2960.3070, subparts 1 and 2;
25.9 	(2) Minnesota Rules, part 9502.0385, subparts 2 and 3; and 
25.10 	(3) Minnesota Rules, part 9503.0035, subparts 1 and 4.
25.11 	(c) Training required under this section must be at least
25.12 	one hour in length, completed at orientation or initial
25.13 	training, and repeated at least once every five years.  At a
25.14 	minimum, the training must address the proper use of child
25.15 	restraint systems based on the child's size, weight, and age,
25.16 	and the proper installation of a car seat or booster seat in the
25.17 	motor vehicle used by the license holder to transport the child
25.18 	or children.
25.19 	(d) Training under paragraph (c) must be provided by
25.20 	individuals who are certified and approved by the Department of
25.21 	Public Safety, Office of Traffic Safety.  License holders may
25.22 	obtain a list of certified and approved trainers through the
25.23 	Department of Public Safety Web site or by contacting the agency.
25.24 	
EFFECTIVE DATE. This section is effective January 1, 2006.

25.25 	Sec. 19. Minnesota Statutes 2004, section 245B.02,
25.26 	subdivision 10, is amended to read:
25.27 		Subd. 10.Incident.  "Incident" means any of the
25.28 	following:
25.29 	(1) serious injury as determined by section 245.91,
25.30 	subdivision 6;
25.31 	(2) a consumer's death;
25.32 	(3) any medical emergencies, unexpected serious illnesses,
25.33 	or accidents that require physician treatment or
25.34 	hospitalization;
25.35 	(4) a consumer's unauthorized absence;
25.36 	(5) any fires or other events that require the relocation
26.1 	of services for more than 24 hours, or circumstances involving a
26.2 	law enforcement agency or fire department related to the health,
26.3 	safety, or supervision of a consumer;
26.4 	(6) physical aggression by a consumer against another
26.5 	consumer that causes physical pain, injury, or persistent
26.6 	emotional distress, including, but not limited to, hitting,
26.7 	slapping, kicking, scratching, pinching, biting, pushing, and
26.8 	spitting;
26.9 	(7) any sexual activity between consumers involving force
26.10 	or coercion as defined under section 609.341, subdivisions 3 and
26.11 	14; or
26.12 	(8) a report of child or vulnerable adult maltreatment
26.13 	under section 626.556 or 626.557.

26.14 	Sec. 20. Minnesota Statutes 2004, section 245B.055,
26.15 	subdivision 7, is amended to read:
26.16 		Subd. 7.Determining number of direct service staff
26.17 	required.  The minimum number of direct service staff members
26.18 	required at any one time to meet the combined staff ratio
26.19 	requirements of the persons present at that time can be
26.20 	determined by following the steps in clauses (1) through (4):
26.21 	(1) assign each person in attendance the three-digit
26.22 	decimal below that corresponds to the staff ratio requirement
26.23 	assigned to that person.  A staff ratio requirement of one to
26.24 	four equals 0.250.  A staff ratio requirement of one to eight
26.25 	equals 0.125.  A staff ratio requirement of one to six equals
26.26 	0.166.  A staff ratio requirement of one to ten equals 0.100;
26.27 	(2) add all of the three-digit decimals (one three-digit
26.28 	decimal for every person in attendance) assigned in clause (1);
26.29 	(3) when the sum in clause (2) falls between two whole
26.30 	numbers, round off the sum to the larger of the two whole
26.31 	numbers; and
26.32 	(4) the larger of the two whole numbers in clause (3)
26.33 	equals the number of direct service staff members needed to meet
26.34 	the staff ratio requirements of the persons in attendance.

26.35 	Sec. 21. Minnesota Statutes 2004, section 245B.07,
26.36 	subdivision 8, is amended to read:
27.1 		Subd. 8.Policies and procedures.  The license holder
27.2 	must develop and implement the policies and procedures in
27.3 	paragraphs (1) to (3).
27.4 	(1) Policies and procedures that promote consumer health
27.5 	and safety by ensuring:
27.6 	(i) consumer safety in emergency situations as identified
27.7 	in section 245B.05, subdivision 7;
27.8 	(ii) consumer health through sanitary practices;
27.9 	(iii) safe transportation, when the license holder is
27.10 	responsible for transportation of consumers, with provisions for
27.11 	handling emergency situations;
27.12 	(iv) a system of record keeping for both individuals and
27.13 	the organization, for review of incidents and emergencies, and
27.14 	corrective action if needed;
27.15 	(v) a plan for responding to all incidents, as defined in
27.16 	section 245B.02, subdivision 10, fires, severe weather and
27.17 	natural disasters, bomb threats, and other threats and reporting
27.18 	all incidents required to be reported under section 245B.05,
27.19 	subdivision 7;
27.20 	(vi) safe medication administration as identified in
27.21 	section 245B.05, subdivision 5, incorporating an observed skill
27.22 	assessment to ensure that staff demonstrate the ability to
27.23 	administer medications consistent with the license holder's
27.24 	policy and procedures;
27.25 	(vii) psychotropic medication monitoring when the consumer
27.26 	is prescribed a psychotropic medication, including the use of
27.27 	the psychotropic medication use checklist.  If the
27.28 	responsibility for implementing the psychotropic medication use
27.29 	checklist has not been assigned in the individual service plan
27.30 	and the consumer lives in a licensed site, the residential
27.31 	license holder shall be designated; and
27.32 	(viii) criteria for admission or service initiation
27.33 	developed by the license holder;.
27.34 	(2) Policies and procedures that protect consumer rights
27.35 	and privacy by ensuring:
27.36 	(i) consumer data privacy, in compliance with the Minnesota
28.1 	Data Practices Act, chapter 13; and
28.2 	(ii) that complaint procedures provide consumers with a
28.3 	simple process to bring grievances and consumers receive a
28.4 	response to the grievance within a reasonable time period.  The
28.5 	license holder must provide a copy of the program's grievance
28.6 	procedure and time lines for addressing grievances.  The
28.7 	program's grievance procedure must permit consumers served by
28.8 	the program and the authorized representatives to bring a
28.9 	grievance to the highest level of authority in the program; and .
28.10 	(3) Policies and procedures that promote continuity and
28.11 	quality of consumer supports by ensuring:
28.12 	(i) continuity of care and service coordination, including
28.13 	provisions for service termination, temporary service
28.14 	suspension, and efforts made by the license holder to coordinate
28.15 	services with other vendors who also provide support to the
28.16 	consumer.  The policy must include the following requirements:
28.17 	(A) the license holder must notify the consumer or
28.18 	consumer's legal representative and the consumer's case manager
28.19 	in writing of the intended termination or temporary service
28.20 	suspension and the consumer's right to seek a temporary order
28.21 	staying the termination or suspension of service according to
28.22 	the procedures in section 256.045, subdivision 4a or subdivision
28.23 	6, paragraph (c);
28.24 	(B) notice of the proposed termination of services,
28.25 	including those situations that began with a temporary service
28.26 	suspension, must be given at least 60 days before the proposed
28.27 	termination is to become effective;
28.28 	(C) the license holder must provide information requested
28.29 	by the consumer or consumer's legal representative or case
28.30 	manager when services are temporarily suspended or upon notice
28.31 	of termination;
28.32 	(D) use of temporary service suspension procedures are
28.33 	restricted to situations in which the consumer's behavior causes
28.34 	immediate and serious danger to the health and safety of the
28.35 	individual or others;
28.36 	(E) prior to giving notice of service termination or
29.1 	temporary service suspension, the license holder must document
29.2 	actions taken to minimize or eliminate the need for service
29.3 	termination or temporary service suspension; and
29.4 	(F) during the period of temporary service suspension, the
29.5 	license holder will work with the appropriate county agency to
29.6 	develop reasonable alternatives to protect the individual and
29.7 	others; and
29.8 	(ii) quality services measured through a program evaluation
29.9 	process including regular evaluations of consumer satisfaction
29.10 	and sharing the results of the evaluations with the consumers
29.11 	and legal representatives.

29.12 	Sec. 22. Minnesota Statutes 2004, section 245C.03,
29.13 	subdivision 1, is amended to read:
29.14 		Subdivision 1.Licensed programs.  (a) The commissioner
29.15 	shall conduct a background study on:
29.16 	(1) the person or persons applying for a license;
29.17 	(2) an individual age 13 and over living in the household
29.18 	where the licensed program will be provided;
29.19 	(3) current employees or contractors of the applicant who
29.20 	will have direct contact with persons served by the facility,
29.21 	agency, or program;
29.22 	(4) volunteers or student volunteers who will have direct
29.23 	contact with persons served by the program to provide program
29.24 	services if the contact is not under the continuous, direct
29.25 	supervision by an individual listed in clause (1) or (3);
29.26 	(5) an individual age ten to 12 living in the household
29.27 	where the licensed services will be provided when the
29.28 	commissioner has reasonable cause;
29.29 	(6) an individual who, without providing direct contact
29.30 	services at a licensed program, may have unsupervised access to
29.31 	children or vulnerable adults receiving services from a program
29.32 	licensed to provide:, when the commissioner has reasonable
29.33 	cause; and 
29.34 	(i) family child care for children;
29.35 	(ii) foster care for children in the provider's own home;
29.36 	or 
30.1 	(iii) foster care or day care services for adults in the
30.2 	provider's own home; and 
30.3 	(7) all managerial officials as defined under section
30.4 	245A.02, subdivision 5a.
30.5 	The commissioner must have reasonable cause to study an
30.6 	individual under this subdivision.
30.7 	(b) For family child foster care settings, a short-term
30.8 	substitute caregiver providing direct contact services for a
30.9 	child for less than 72 hours of continuous care is not required
30.10 	to receive a background study under this chapter.

30.11 	Sec. 23. Minnesota Statutes 2004, section 245C.07, is
30.12 	amended to read:
30.13 	245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE LICENSED 
30.14 	FACILITIES.
30.15 	(a) When a license holder owns multiple facilities that are
30.16 	licensed by the Department of Human Services, only one
30.17 	background study is required for an individual who provides
30.18 	direct contact services in one or more of the licensed
30.19 	facilities if:
30.20 	(1) the license holder designates one individual with one
30.21 	address and telephone number as the person to receive sensitive
30.22 	background study information for the multiple licensed programs
30.23 	that depend on the same background study; and 
30.24 	(2) the individual designated to receive the sensitive
30.25 	background study information is capable of determining, upon
30.26 	request of the department, whether a background study subject is
30.27 	providing direct contact services in one or more of the license
30.28 	holder's programs and, if so, at which location or locations.
30.29 	(b) When a background study is being initiated by a
30.30 	licensed facility or a foster care provider that is also
30.31 	registered under chapter 144D, a study subject affiliated with
30.32 	multiple licensed facilities may attach to the background study
30.33 	form a cover letter indicating the additional facilities' names,
30.34 	addresses, and background study identification numbers.
30.35 	When the commissioner receives a notice, the commissioner
30.36 	shall notify each facility identified by the background study
31.1 	subject of the study results.
31.2 	The background study notice the commissioner sends to the
31.3 	subsequent agencies shall satisfy those facilities'
31.4 	responsibilities for initiating a background study on that
31.5 	individual.

31.6 	Sec. 24. Minnesota Statutes 2004, section 245C.08,
31.7 	subdivision 1, is amended to read:
31.8 		Subdivision 1.Background studies conducted by
31.9 	commissioner of human services. (a) For a background study
31.10 	conducted by the commissioner, the commissioner shall review:
31.11 	(1) information related to names of substantiated
31.12 	perpetrators of maltreatment of vulnerable adults that has been
31.13 	received by the commissioner as required under section 626.557,
31.14 	subdivision 9c, paragraph (i);
31.15 	(2) the commissioner's records relating to the maltreatment
31.16 	of minors in licensed programs, and from county agency findings
31.17 	of maltreatment of minors as indicated through the social
31.18 	service information system;
31.19 	(3) information from juvenile courts as required in
31.20 	subdivision 4 for individuals listed in section 245C.03,
31.21 	subdivision 1, clauses (2), (5), and (6); and
31.22 	(4) information from the Bureau of Criminal Apprehension.
31.23 	(b) Notwithstanding expungement by a court, the
31.24 	commissioner may consider information obtained under paragraph
31.25 	(a), clauses (3) and (4), unless the commissioner received
31.26 	notice of the petition for expungement and the court order for
31.27 	expungement is directed specifically to the commissioner.

31.28 	Sec. 25. Minnesota Statutes 2004, section 245C.08,
31.29 	subdivision 2, is amended to read:
31.30 		Subd. 2.Background studies conducted by a county or
31.31 	private agency; foster care and family child care.  (a) For a
31.32 	background study conducted by a county or private agency for
31.33 	child foster care, adult foster care, and family child care
31.34 	homes, the commissioner shall review:
31.35 	(1) information from the county agency's record of
31.36 	substantiated maltreatment of adults and the maltreatment of
32.1 	minors;
32.2 	(2) information from juvenile courts as required in
32.3 	subdivision 4 for individuals listed in section 245C.03,
32.4 	subdivision 1, clauses (2), (5), and (6);
32.5 	(3) information from the Bureau of Criminal Apprehension;
32.6 	and
32.7 	(4) arrest and investigative records maintained by the
32.8 	Bureau of Criminal Apprehension, county attorneys, county
32.9 	sheriffs, courts, county agencies, local police, the National
32.10 	Criminal Records Repository, and criminal records from other
32.11 	states.
32.12 	(b) If the individual has resided in the county for less
32.13 	than five years, the study shall include the records specified
32.14 	under paragraph (a) for the previous county or counties of
32.15 	residence for the past five years.
32.16 	(c) Notwithstanding expungement by a court, the county or
32.17 	private agency may consider information obtained under paragraph
32.18 	(a), clauses (3) and (4), unless the commissioner received
32.19 	notice of the petition for expungement and the court order for
32.20 	expungement is directed specifically to the commissioner.

32.21 	Sec. 26. Minnesota Statutes 2004, section 245C.15,
32.22 	subdivision 1, is amended to read:
32.23 		Subdivision 1.Permanent disqualification.  (a) An
32.24 	individual is disqualified under section 245C.14 if:  (1)
32.25 	regardless of how much time has passed since the discharge of
32.26 	the sentence imposed, if any,for the offense; and (2) unless
32.27 	otherwise specified, regardless of the level of the conviction 
32.28 	offense, the individual is convicted of has committed any of the
32.29 	following offenses:  sections 609.185 (murder in the first
32.30 	degree); 609.19 (murder in the second degree); 609.195 (murder
32.31 	in the third degree); 609.20 (manslaughter in the first degree);
32.32 	609.205 (manslaughter in the second degree); 609.221 or 609.222
32.33 	(assault in the first or second degree); a felony offense under
32.34 	sections 609.2242 and 609.2243 (domestic assault), spousal
32.35 	abuse, child abuse or neglect, or a crime against children;
32.36 	609.228 (great bodily harm caused by distribution of drugs);
33.1 	609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661
33.2 	(murder of an unborn child in the first degree); 609.2662
33.3 	(murder of an unborn child in the second degree); 609.2663
33.4 	(murder of an unborn child in the third degree); 609.322
33.5 	(solicitation, inducement, and promotion of prostitution); a
33.6 	felony offense under 609.324, subdivision 1 (other prohibited
33.7 	acts); 609.342 (criminal sexual conduct in the first degree);
33.8 	609.343 (criminal sexual conduct in the second degree); 609.344
33.9 	(criminal sexual conduct in the third degree); 609.345 (criminal
33.10 	sexual conduct in the fourth degree); 609.352 (solicitation of
33.11 	children to engage in sexual conduct); 609.365 (incest); a
33.12 	felony offense under 609.377 (malicious punishment of a child);
33.13 	a felony offense under 609.378 (neglect or endangerment of a
33.14 	child); 609.561 (arson in the first degree); 609.66, subdivision
33.15 	1e (drive-by shooting); 609.749, subdivision 3, 4, or 5
33.16 	(felony-level harassment; stalking); 609.855, subdivision 5
33.17 	(shooting at or in a public transit vehicle or facility);
33.18 	617.246 (use of minors in sexual performance prohibited); or
33.19 	617.247 (possession of pictorial representations of minors).  An
33.20 	individual also is disqualified under section 245C.14 regardless
33.21 	of how much time has passed since the involuntary termination of
33.22 	the individual's parental rights under section 260C.301.
33.23 	(b) An individual's aiding and abetting,attempt,or
33.24 	conspiracy to commit any of the offenses listed in paragraph
33.25 	(a), as each of these offenses is defined in Minnesota Statutes,
33.26 	permanently disqualifies the individual under section 245C.14.
33.27 	(c) An individual's offense in any other state or country,
33.28 	where the elements of the offense are substantially similar to
33.29 	any of the offenses listed in paragraph (a), permanently
33.30 	disqualifies the individual under section 245C.14.
33.31 	(d) When a disqualification is based on a judicial
33.32 	determination other than a conviction, the disqualification
33.33 	period begins from the date of the court order.  When a
33.34 	disqualification is based on an admission, the disqualification
33.35 	period begins from the date of an admission in court.  When a
33.36 	disqualification is based on a preponderance of evidence of a
34.1 	disqualifying act, the disqualification date begins from the
34.2 	date of the dismissal, the date of discharge of the sentence
34.3 	imposed for a conviction for a disqualifying crime of similar
34.4 	elements, or the date of the incident, whichever occurs last.

34.5 	Sec. 27. Minnesota Statutes 2004, section 245C.15,
34.6 	subdivision 2, is amended to read:
34.7 		Subd. 2.15-year disqualification.  (a) An individual is
34.8 	disqualified under section 245C.14 if:  (1) less than 15 years
34.9 	have passed since the discharge of the sentence imposed, if any,
34.10 	for the offense; and (2) the individual has received a felony
34.11 	conviction for committed a felony-level violation of any of the
34.12 	following offenses:  sections 256.98 (wrongfully obtaining
34.13 	assistance);260C.301 (grounds for termination of parental
34.14 	rights); 268.182 (false representation; concealment of facts);
34.15 	393.07, subdivision 10, paragraph (c) (federal Food Stamp
34.16 	Program fraud);609.165 (felon ineligible to possess firearm);
34.17 	609.21 (criminal vehicular homicide and injury); 609.215
34.18 	(suicide); 609.223 or 609.2231 (assault in the third or fourth
34.19 	degree); repeat offenses under 609.224 (assault in the fifth
34.20 	degree); 609.2325 (criminal abuse of a vulnerable adult);
34.21 	609.2335 (financial exploitation of a vulnerable adult); 609.235
34.22 	(use of drugs to injure or facilitate crime); 609.24 (simple
34.23 	robbery); 609.255 (false imprisonment); 609.2664 (manslaughter
34.24 	of an unborn child in the first degree); 609.2665 (manslaughter
34.25 	of an unborn child in the second degree); 609.267 (assault of an
34.26 	unborn child in the first degree); 609.2671 (assault of an
34.27 	unborn child in the second degree); 609.268 (injury or death of
34.28 	an unborn child in the commission of a crime); 609.27
34.29 	(coercion); 609.275 (attempt to coerce); repeat offenses under
34.30 	609.3451 (criminal sexual conduct in the fifth degree); 609.466
34.31 	(medical assistance fraud);609.498, subdivision 1 or 1b
34.32 	(aggravated first degree or first degree tampering with a
34.33 	witness); 609.52 (theft); 609.521 (possession of shoplifting
34.34 	gear); 609.525 (bringing stolen goods into Minnesota); 609.527
34.35 	(identity theft); 609.53 (receiving stolen property); 609.535
34.36 	(issuance of dishonored checks);609.562 (arson in the second
35.1 	degree); 609.563 (arson in the third degree); 609.582
35.2 	(burglary); 609.611 (insurance fraud);609.625 (aggravated
35.3 	forgery); 609.63 (forgery); 609.631 (check forgery; offering a
35.4 	forged check); 609.635 (obtaining signature by false pretense);
35.5 	609.66 (dangerous weapons); 609.67 (machine guns and
35.6 	short-barreled shotguns); 609.687 (adulteration); 609.71 (riot);
35.7 	609.713 (terroristic threats); 609.82 (fraud in obtaining
35.8 	credit); 609.821 (financial transaction card fraud);repeat
35.9 	offenses under 617.23 (indecent exposure; penalties); repeat
35.10 	offenses under 617.241 (obscene materials and performances;
35.11 	distribution and exhibition prohibited; penalty); chapter 152
35.12 	(drugs; controlled substance); or a felony-level conviction
35.13 	involving alcohol or drug use.
35.14 	(b) An individual is disqualified under section 245C.14 if
35.15 	less than 15 years has passed since the individual's aiding and
35.16 	abetting,attempt,or conspiracy to commit any of the offenses
35.17 	listed in paragraph (a), as each of these offenses is defined in
35.18 	Minnesota Statutes.
35.19 	(c) For child foster care and family child care only, an
35.20 	individual is disqualified under section 245C.14 if less than 15
35.21 	years has passed since the individual's voluntary termination of
35.22 	the individual's parental rights under section 260C.301,
35.23 	following a petition for termination of parental rights under
35.24 	section 260C.301, subdivision 1, paragraph (b), or 260C.301,
35.25 	subdivision 3.
35.26 	(d) An individual is disqualified under section 245C.14 if
35.27 	less than 15 years has passed since the discharge of the
35.28 	sentence imposed for an offense in any other state or country,
35.29 	the elements of which are substantially similar to the elements
35.30 	of the offenses listed in paragraph (a).
35.31 	(d) (e) If the individual studied is convicted of one of
35.32 	the felonies listed in paragraph (a), but the sentence is a
35.33 	gross misdemeanor or misdemeanor disposition, the individual is
35.34 	disqualified but the disqualification lookback period for the
35.35 	conviction is the period applicable to the gross misdemeanor or
35.36 	misdemeanor disposition.
36.1 	(f) When a disqualification is based on a judicial
36.2 	determination other than a conviction, the disqualification
36.3 	period begins from the date of the court order.  When a
36.4 	disqualification is based on an admission, the disqualification
36.5 	period begins from the date of an admission in court.  When a
36.6 	disqualification is based on a preponderance of evidence of a
36.7 	disqualifying act, the disqualification date begins from the
36.8 	date of the dismissal, the date of discharge of the sentence
36.9 	imposed for a conviction for a disqualifying crime of similar
36.10 	elements, or the date of the incident, whichever occurs last.

36.11 	Sec. 28. Minnesota Statutes 2004, section 245C.15,
36.12 	subdivision 3, is amended to read:
36.13 		Subd. 3.Ten-year disqualification.  (a) An individual is
36.14 	disqualified under section 245C.14 if:  (1) less than ten years
36.15 	have passed since the discharge of the sentence imposed, if any,
36.16 	for the offense; and (2) the individual has received committed a
36.17 	gross misdemeanor conviction for a misdemeanor-level violation
36.18 	of any of the following offenses:  sections 256.98 (wrongfully
36.19 	obtaining assistance); 268.182 (false representation;
36.20 	concealment of facts); 393.07, subdivision 10, paragraph (c)
36.21 	(federal Food Stamp Program fraud);609.224 (assault in the
36.22 	fifth degree); 609.224, subdivision 2, paragraph (c) (assault in
36.23 	the fifth degree by a caregiver against a vulnerable adult);
36.24 	609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment
36.25 	of persons confined); 609.231 (mistreatment of residents or
36.26 	patients); 609.2325 (criminal abuse of a vulnerable adult);
36.27 	609.233 (criminal neglect of a vulnerable adult); 609.2335
36.28 	(financial exploitation of a vulnerable adult); 609.234 (failure
36.29 	to report maltreatment of a vulnerable adult); 609.265
36.30 	(abduction); 609.275 (attempt to coerce); 609.324, subdivision
36.31 	1a (other prohibited acts; minor engaged in prostitution);
36.32 	609.33 (disorderly house); 609.3451 (criminal sexual conduct in
36.33 	the fifth degree); 609.377 (malicious punishment of a child);
36.34 	609.378 (neglect or endangerment of a child); 609.446 (medical
36.35 	assistance fraud);609.52 (theft); 609.525 (bringing stolen
36.36 	goods into Minnesota); 609.527 (identify theft); 609.53
37.1 	(receiving stolen property); 609.535 (issuance of dishonored
37.2 	checks);609.582 (burglary); 609.611 (insurance fraud);609.631
37.3 	(check forgery; offering a forged check); 609.66 (dangerous
37.4 	weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly
37.5 	conduct against a vulnerable adult); repeat offenses under
37.6 	609.746 (interference with privacy); 609.749, subdivision 2
37.7 	(harassment; stalking); repeat offenses under 617.23 (indecent
37.8 	exposure); 617.241 (obscene materials and performances); 617.243
37.9 	(indecent literature, distribution); 617.293 (harmful materials;
37.10 	dissemination and display to minors prohibited); or violation of
37.11 	an order for protection under section 518B.01, subdivision 14.
37.12 	(b) An individual is disqualified under section 245C.14 if
37.13 	less than ten years has passed since the individual's aiding and
37.14 	abetting,attempt,or conspiracy to commit any of the offenses
37.15 	listed in paragraph (a), as each of these offenses is defined in
37.16 	Minnesota Statutes.
37.17 	(c) An individual is disqualified under section 245C.14 if
37.18 	less than ten years has passed since the discharge of the
37.19 	sentence imposed for an offense in any other state or country,
37.20 	the elements of which are substantially similar to the elements
37.21 	of any of the offenses listed in paragraph (a).
37.22 	(d) If the defendant is convicted of one of the gross
37.23 	misdemeanors listed in paragraph (a), but the sentence is a
37.24 	misdemeanor disposition, the individual is disqualified but the
37.25 	disqualification lookback period for the conviction is the
37.26 	period applicable to misdemeanors.
37.27 	(e) When a disqualification is based on a judicial
37.28 	determination other than a conviction, the disqualification
37.29 	period begins from the date of the court order.  When a
37.30 	disqualification is based on an admission, the disqualification
37.31 	period begins from the date of an admission in court.  When a
37.32 	disqualification is based on a preponderance of evidence of a
37.33 	disqualifying act, the disqualification date begins from the
37.34 	date of the dismissal, the date of discharge of the sentence
37.35 	imposed for a conviction for a disqualifying crime of similar
37.36 	elements, or the date of the incident, whichever occurs last.

38.1 	Sec. 29. Minnesota Statutes 2004, section 245C.15,
38.2 	subdivision 4, is amended to read:
38.3 		Subd. 4.Seven-year disqualification.  (a) An individual
38.4 	is disqualified under section 245C.14 if:  (1) less than seven
38.5 	years has passed since the discharge of the sentence imposed, if
38.6 	any,for the offense; and (2) the individual has received 
38.7 	committed a misdemeanor conviction for a misdemeanor-level 
38.8 	violation of any of the following offenses:  sections 256.98
38.9 	(wrongfully obtaining assistance); 268.182 (false
38.10 	representation; concealment of facts); 393.07, subdivision 10,
38.11 	paragraph (c) (federal Food Stamp Program fraud);609.224
38.12 	(assault in the fifth degree); 609.2242 (domestic assault);
38.13 	609.2335 (financial exploitation of a vulnerable adult); 609.234
38.14 	(failure to report maltreatment of a vulnerable adult); 609.2672
38.15 	(assault of an unborn child in the third degree); 609.27
38.16 	(coercion); violation of an order for protection under 609.3232
38.17 	(protective order authorized; procedures; penalties); 609.466
38.18 	(medical assistance fraud);609.52 (theft); 609.525 (bringing
38.19 	stolen goods into Minnesota); 609.527 (identity theft); 609.53
38.20 	(receiving stolen property); 609.535 (issuance of dishonored
38.21 	checks); 609.611 (insurance fraud);609.66 (dangerous weapons);
38.22 	609.665 (spring guns); 609.746 (interference with privacy);
38.23 	609.79 (obscene or harassing phone telephone calls); 609.795
38.24 	(letter, telegram, or package; opening; harassment); 609.82
38.25 	(fraud in obtaining credit); 609.821 (financial transaction card
38.26 	fraud);617.23 (indecent exposure; penalties); 617.293 (harmful
38.27 	materials; dissemination and display to minors prohibited); or
38.28 	violation of an order for protection under section 518B.01
38.29 	(Domestic Abuse Act).
38.30 	(b) An individual is disqualified under section 245C.14 if
38.31 	less than seven years has passed since a determination or
38.32 	disposition of the individual's:
38.33 	(1) failure to make required reports under section 626.556,
38.34 	subdivision 3, or 626.557, subdivision 3, for incidents in
38.35 	which:  (i) the final disposition under section 626.556 or
38.36 	626.557 was substantiated maltreatment, and (ii) the
39.1 	maltreatment was recurring or serious; or
39.2 	(2) substantiated serious or recurring maltreatment of a
39.3 	minor under section 626.556, a vulnerable adult under section
39.4 	626.557, or serious or recurring maltreatment in any other
39.5 	state, the elements of which are substantially similar to the
39.6 	elements of maltreatment under section 626.556 or 626.557 for
39.7 	which:  (i) there is a preponderance of evidence that the
39.8 	maltreatment occurred, and (ii) the subject was responsible for
39.9 	the maltreatment.
39.10 	(c) An individual is disqualified under section 245C.14 if
39.11 	less than seven years has passed since the individual's aiding
39.12 	and abetting,attempt,or conspiracy to commit any of the
39.13 	offenses listed in paragraphs (a) and (b), as each of these
39.14 	offenses is defined in Minnesota Statutes.
39.15 	(d) An individual is disqualified under section 245C.14 if
39.16 	less than seven years has passed since the discharge of the
39.17 	sentence imposed for an offense in any other state or country,
39.18 	the elements of which are substantially similar to the elements
39.19 	of any of the offenses listed in paragraphs (a) and (b).
39.20 	(e) When a disqualification is based on a judicial
39.21 	determination other than a conviction, the disqualification
39.22 	period begins from the date of the court order.  When a
39.23 	disqualification is based on an admission, the disqualification
39.24 	period begins from the date of an admission in court.  When a
39.25 	disqualification is based on a preponderance of evidence of a
39.26 	disqualifying act, the disqualification date begins from the
39.27 	date of the dismissal, the date of discharge of the sentence
39.28 	imposed for a conviction for a disqualifying crime of similar
39.29 	elements, or the date of the incident, whichever occurs last.

39.30 	Sec. 30. Minnesota Statutes 2004, section 245C.17,
39.31 	subdivision 2, is amended to read:
39.32 		Subd. 2.Disqualification notice sent to subject.  (a) If
39.33 	the information in the study indicates the individual is
39.34 	disqualified from direct contact with, or from access to,
39.35 	persons served by the program, the commissioner shall disclose
39.36 	to the individual studied:
40.1 	(1) the information causing disqualification;
40.2 	(2) instructions on how to request a reconsideration of the
40.3 	disqualification; and 
40.4 	(3) an explanation of any restrictions on the
40.5 	commissioner's discretion to set aside the disqualification
40.6 	under section 245C.24, subdivision 2, when applicable to the
40.7 	individual; and 
40.8 	(4) the commissioner's determination of the individual's
40.9 	immediate risk of harm under section 245C.16.
40.10 	(b) If the commissioner determines under section 245C.16
40.11 	that an individual poses an imminent risk of harm to persons
40.12 	served by the program where the individual will have direct
40.13 	contact, the commissioner's notice must include an explanation
40.14 	of the basis of this determination.
40.15 	(c) If the commissioner determines under section 245C.16
40.16 	that an individual studied does not pose a risk of harm that
40.17 	requires continuous, direct supervision, the commissioner shall
40.18 	only notify the individual of the disqualification.

40.19 	Sec. 31. Minnesota Statutes 2004, section 245C.21,
40.20 	subdivision 2, is amended to read:
40.21 		Subd. 2.Time frame for requesting reconsideration of a
40.22 	disqualification.  (a) When the commissioner sends an individual
40.23 	a notice of disqualification based on a finding under section
40.24 	245C.16, subdivision 2, paragraph (a), clause (1) or (2), the
40.25 	disqualified individual must submit the request for a
40.26 	reconsideration within 30 calendar days of the individual's
40.27 	receipt of the notice of disqualification. If mailed, the
40.28 	request for reconsideration must be postmarked and sent to the
40.29 	commissioner within 30 calendar days of the individual's receipt
40.30 	of the notice of disqualification.  If a request for
40.31 	reconsideration is made by personal service, it must be received
40.32 	by the commissioner within 30 calendar days after the
40.33 	individual's receipt of the notice of disqualification.Upon
40.34 	showing that the information under subdivision 3 cannot be
40.35 	obtained within 30 days, the disqualified individual may request
40.36 	additional time, not to exceed 30 days, to obtain the
41.1 	information.
41.2 	(b) When the commissioner sends an individual a notice of
41.3 	disqualification based on a finding under section 245C.16,
41.4 	subdivision 2, paragraph (a), clause (3), the disqualified
41.5 	individual must submit the request for reconsideration within 15
41.6 	calendar days of the individual's receipt of the notice of
41.7 	disqualification. If mailed, the request for reconsideration
41.8 	must be postmarked and sent to the commissioner within 15
41.9 	calendar days of the individual's receipt of the notice of
41.10 	disqualification.  If a request for reconsideration is made by
41.11 	personal service, it must be received by the commissioner within
41.12 	15 calendar days after the individual's receipt of the notice of
41.13 	disqualification.
41.14 	(c) An individual who was determined to have maltreated a
41.15 	child under section 626.556 or a vulnerable adult under section
41.16 	626.557, and who is disqualified on the basis of serious or
41.17 	recurring maltreatment, may request a reconsideration of both
41.18 	the maltreatment and the disqualification determinations.  The
41.19 	request must be submitted within 30 calendar days of the
41.20 	individual's receipt of the notice of disqualification. If
41.21 	mailed, the request for reconsideration must be postmarked and
41.22 	sent to the commissioner within 30 calendar days of the
41.23 	individual's receipt of the notice of disqualification.  If a
41.24 	request for reconsideration is made by personal service, it must
41.25 	be received by the commissioner within 30 calendar days after
41.26 	the individual's receipt of the notice of disqualification.

41.27 	Sec. 32. Minnesota Statutes 2004, section 245C.22,
41.28 	subdivision 3, is amended to read:
41.29 		Subd. 3.Preeminent weight given to safety of persons
41.30 	being served.  In reviewing a request for reconsideration of a
41.31 	disqualification, the commissioner shall give preeminent weight
41.32 	to the safety of each person served by the license holder,
41.33 	applicant, or other entities as provided in this chapter over
41.34 	the interests of the disqualified individual,license holder,
41.35 	applicant, or other entity as provided in this chapter, and any
41.36 	single factor under subdivision 4, paragraph (b), may be
42.1 	determinative of the commissioner's decision whether to set
42.2 	aside the individual's disqualification.

42.3 	Sec. 33. Minnesota Statutes 2004, section 245C.22,
42.4 	subdivision 4, is amended to read:
42.5 		Subd. 4.Risk of harm; set aside.  (a) The commissioner
42.6 	may set aside the disqualification if the commissioner finds
42.7 	that the individual has submitted sufficient information to
42.8 	demonstrate that the individual does not pose a risk of harm to
42.9 	any person served by the applicant, license holder, or other
42.10 	entities as provided in this chapter.
42.11 	(b) In determining whether the individual has met the
42.12 	burden of proof by demonstrating the individual does not pose a
42.13 	risk of harm, the commissioner shall consider:
42.14 	(1) the nature, severity, and consequences of the event or
42.15 	events that led to the disqualification;
42.16 	(2) whether there is more than one disqualifying event;
42.17 	(3) the age and vulnerability of the victim at the time of
42.18 	the event;
42.19 	(4) the harm suffered by the victim;
42.20 	(5) the similarity between the victim and persons served by
42.21 	the program;
42.22 	(6) the time elapsed without a repeat of the same or
42.23 	similar event;
42.24 	(7) documentation of successful completion by the
42.25 	individual studied of training or rehabilitation pertinent to
42.26 	the event; and
42.27 	(8) any other information relevant to reconsideration.
42.28 	(c) If the individual requested reconsideration on the
42.29 	basis that the information relied upon to disqualify the
42.30 	individual was incorrect or inaccurate and the commissioner
42.31 	determines that the information relied upon to disqualify the
42.32 	individual is correct, the commissioner must also determine if
42.33 	the individual poses a risk of harm to persons receiving
42.34 	services in accordance with paragraph (b).

42.35 	Sec. 34. Minnesota Statutes 2004, section 245C.24,
42.36 	subdivision 2, is amended to read:
43.1 		Subd. 2.Permanent bar to set aside of disqualification.
 43.2 	The commissioner may not set aside the disqualification of an
43.3 	individual in connection with a license to provide family child
43.4 	care for children, foster care for children in the provider's
43.5 	home, or foster care or day care services for adults in the
43.6 	provider's home, regardless of how much time has passed, if
43.7 	the provider individual was disqualified for a crime or conduct
43.8 	listed in section 245C.15, subdivision 1.

43.9 	Sec. 35. Minnesota Statutes 2004, section 245C.24,
43.10 	subdivision 3, is amended to read:
43.11 		Subd. 3.Ten-year bar to set aside disqualification.  (a)
43.12 	The commissioner may not set aside the disqualification of an
43.13 	individual in connection with a license to provide family child
43.14 	care for children, foster care for children in the provider's
43.15 	home, or foster care or day care services for adults in the
43.16 	provider's home if:  (1) less than ten years has passed since
43.17 	the discharge of the sentence imposed, if any,for the offense;
43.18 	and or (2) when disqualified based on a preponderance of
43.19 	evidence determination under section 245C.14, subdivision 1,
43.20 	paragraph (a), clause (2), or an admission under section
43.21 	245C.14, subdivision 1, paragraph (a), clause (1), and less than
43.22 	ten years has passed since the individual committed the act or
43.23 	admitted to committing the act, whichever is later; and (3) the
43.24 	individual has been convicted of committed a violation of any of
43.25 	the following offenses:  sections 609.165 (felon ineligible to
43.26 	possess firearm); criminal vehicular homicide under 609.21
43.27 	(criminal vehicular homicide and injury); 609.215 (aiding
43.28 	suicide or aiding attempted suicide); felony violations under
43.29 	609.223 or 609.2231 (assault in the third or fourth degree);
43.30 	609.713 (terroristic threats); 609.235 (use of drugs to injure
43.31 	or to facilitate crime); 609.24 (simple robbery); 609.255 (false
43.32 	imprisonment); 609.562 (arson in the second degree); 609.71
43.33 	(riot); 609.498, subdivision 1 or 1b (aggravated first degree or
43.34 	first degree tampering with a witness); burglary in the first or
43.35 	second degree under 609.582 (burglary); 609.66 (dangerous
43.36 	weapon); 609.665 (spring guns); 609.67 (machine guns and
44.1 	short-barreled shotguns); 609.749, subdivision 2 (gross
44.2 	misdemeanor harassment; stalking); 152.021 or 152.022
44.3 	(controlled substance crime in the first or second degree);
44.4 	152.023, subdivision 1, clause (3) or (4) or subdivision 2,
44.5 	clause (4) (controlled substance crime in the third degree);
44.6 	152.024, subdivision 1, clause (2), (3), or (4) (controlled
44.7 	substance crime in the fourth degree); 609.224, subdivision 2,
44.8 	paragraph (c) (fifth degree assault by a caregiver against a
44.9 	vulnerable adult); 609.23 (mistreatment of persons confined);
44.10 	609.231 (mistreatment of residents or patients); 609.2325
44.11 	(criminal abuse of a vulnerable adult); 609.233 (criminal
44.12 	neglect of a vulnerable adult); 609.2335 (financial exploitation
44.13 	of a vulnerable adult); 609.234 (failure to report); 609.265
44.14 	(abduction); 609.2664 to 609.2665 (manslaughter of an unborn
44.15 	child in the first or second degree); 609.267 to 609.2672
44.16 	(assault of an unborn child in the first, second, or third
44.17 	degree); 609.268 (injury or death of an unborn child in the
44.18 	commission of a crime); 617.293 (disseminating or displaying
44.19 	harmful material to minors); a felony-level conviction involving
44.20 	alcohol or drug use, a gross misdemeanor offense under 609.324,
44.21 	subdivision 1 (other prohibited acts); a gross misdemeanor
44.22 	offense under 609.378 (neglect or endangerment of a child); a
44.23 	gross misdemeanor offense under 609.377 (malicious punishment of
44.24 	a child); or 609.72, subdivision 3 (disorderly conduct against a
44.25 	vulnerable adult).
44.26 	(b) The commissioner may not set aside the disqualification
44.27 	of an individual if less than ten years have passed since the
44.28 	individual's aiding and abetting,attempt,or conspiracy to
44.29 	commit any of the offenses listed in paragraph (a) as each of
44.30 	these offenses is defined in Minnesota Statutes.
44.31 	(c) The commissioner may not set aside the disqualification
44.32 	of an individual if less than ten years have passed since the
44.33 	discharge of the sentence imposed for an offense in any other
44.34 	state or country, the elements of which are substantially
44.35 	similar to the elements of any of the offenses listed in
44.36 	paragraph (a).

45.1 	Sec. 36. Minnesota Statutes 2004, section 245C.27,
45.2 	subdivision 1, is amended to read:
45.3 		Subdivision 1.Fair hearing when disqualification is not
45.4 	set aside.  (a) If the commissioner does not set aside or
45.5 	rescind a disqualification of an individual under section
45.6 	245C.22 who is disqualified on the basis of a preponderance of
45.7 	evidence that the individual committed an act or acts that meet
45.8 	the definition of any of the crimes listed in section 245C.15;
45.9 	for a determination under section 626.556 or 626.557 of
45.10 	substantiated maltreatment that was serious or recurring under
45.11 	section 245C.15; or for failure to make required reports under
45.12 	section 626.556, subdivision 3; or 626.557, subdivision 3,
45.13 	pursuant to section 245C.15, subdivision 4, paragraph (b),
45.14 	clause (1), the individual may request a fair hearing under
45.15 	section 256.045, unless the disqualification is deemed
45.16 	conclusive under section 245C.29.
45.17 	(b) The fair hearing is the only administrative appeal of
45.18 	the final agency determination for purposes of appeal by the
45.19 	disqualified individual.  The disqualified individual does not
45.20 	have the right to challenge the accuracy and completeness of
45.21 	data under section 13.04.
45.22 	(c) If the individual was disqualified based on a
45.23 	conviction or admission to any crimes listed in section 245C.15,
45.24 	subdivisions 1 to 4, the reconsideration decision under section
45.25 	245C.22 is the final agency determination for purposes of appeal
45.26 	by the disqualified individual and is not subject to a hearing
45.27 	under section 256.045. If the individual was disqualified based
45.28 	on a judicial determination, that determination is treated the
45.29 	same as a conviction for purposes of appeal.
45.30 	(d) This subdivision does not apply to a public employee's
45.31 	appeal of a disqualification under section 245C.28, subdivision
45.32 	3.
45.33 	(e) Notwithstanding paragraph (c), if the commissioner does
45.34 	not set aside a disqualification of an individual who was
45.35 	disqualified based on both a preponderance of evidence and a
45.36 	conviction or admission, the individual may request a fair
46.1 	hearing under section 256.045, unless the disqualifications are
46.2 	deemed conclusive under section 245C.29.  The scope of the
46.3 	hearing conducted under section 256.045 with regard to the
46.4 	disqualification based on a conviction or admission shall be
46.5 	limited solely to whether the individual poses a risk of harm,
46.6 	according to section 256.045, subdivision 3b.

46.7 	Sec. 37. Minnesota Statutes 2004, section 245C.28,
46.8 	subdivision 3, is amended to read:
46.9 		Subd. 3.Employees of public employer.  (a) If the
46.10 	commissioner does not set aside the disqualification of an
46.11 	individual who is an employee of an employer, as defined in
46.12 	section 179A.03, subdivision 15, the individual may request a
46.13 	contested case hearing under chapter 14.  The request for a
46.14 	contested case hearing must be made in writing and must be
46.15 	postmarked and mailed sent within 30 calendar days after the
46.16 	employee receives notice that the disqualification has not been
46.17 	set aside. If the individual was disqualified based on a
46.18 	conviction or admission to any crimes listed in section 245C.15,
46.19 	the scope of the contested case hearing shall be limited solely
46.20 	to whether the individual poses a risk of harm pursuant to
46.21 	section 245C.22.
46.22 	(b) If the commissioner does not set aside or rescind a
46.23 	disqualification that is based on a maltreatment determination,
46.24 	the scope of the contested case hearing must include the
46.25 	maltreatment determination and the disqualification.  In such
46.26 	cases, a fair hearing must not be conducted under section
46.27 	256.045.
46.28 	(c) Rules adopted under this chapter may not preclude an
46.29 	employee in a contested case hearing for a disqualification from
46.30 	submitting evidence concerning information gathered under this
46.31 	chapter.
46.32 	(d) When a person an individual has been disqualified from
46.33 	multiple licensed programs and the disqualifications have not
46.34 	been set aside under section 245C.22, if at least one of the
46.35 	disqualifications entitles the person to a contested case
46.36 	hearing under this subdivision, the scope of the contested case
47.1 	hearing shall include all disqualifications from licensed
47.2 	programs which were not set aside.
47.3 	(e) In determining whether the disqualification should be
47.4 	set aside, the administrative law judge shall consider all of
47.5 	the characteristics that cause the individual to be
47.6 	disqualified, including those characteristics that were not
47.7 	subject to review under paragraph (b),in order to determine
47.8 	whether the individual poses a risk of harm.  The administrative
47.9 	law judge's recommendation and the commissioner's order to set
47.10 	aside a disqualification that is the subject of the hearing
47.11 	constitutes a determination that the individual does not pose a
47.12 	risk of harm and that the individual may provide direct contact
47.13 	services in the individual program specified in the set aside.

47.14 	Sec. 38. Minnesota Statutes 2004, section 245C.30,
47.15 	subdivision 2, is amended to read:
47.16 		Subd. 2.Disclosure of reason for disqualification.  (a)
47.17 	The commissioner may not grant a variance for a disqualified
47.18 	individual unless the applicant or license holder requests the
47.19 	variance and the disqualified individual provides written
47.20 	consent for the commissioner to disclose to the applicant or
47.21 	license holder the reason for the disqualification.
47.22 	(b) This subdivision does not apply to programs licensed to
47.23 	provide family child care for children, foster care for children
47.24 	in the provider's own home, or foster care or day care services
47.25 	for adults in the provider's own home. When the commissioner
47.26 	grants a variance for a disqualified individual in connection
47.27 	with a license to provide the services specified in this
47.28 	paragraph, the disqualified individual's consent is not required
47.29 	to disclose the reason for the disqualification to the license
47.30 	holder in the variance issued under subdivision 1.

47.31 	Sec. 39. Minnesota Statutes 2004, section 246.13, is
47.32 	amended to read:
47.33 	246.13  RECORD RECORDS OF PATIENTS AND RESIDENTS
47.34 	IN RECEIVING STATE-OPERATED SERVICES.
47.35 		Subdivision 1.Powers, duties, and authority of
47.36 	commissioner. (a) The commissioner of human services' office
48.1 	shall have, accessible only by consent of the commissioner or on
48.2 	the order of a judge or court of record, a record showing the
48.3 	residence, sex, age, nativity, occupation, civil condition, and
48.4 	date of entrance or commitment of every person, in the
48.5 	state-operated services facilities as defined under section
48.6 	246.014 under exclusive control of the commissioner; the date of
48.7 	discharge and whether such discharge was final; the condition of
48.8 	the person when the person left the state-operated services
48.9 	facility; the vulnerable adult abuse prevention associated with
48.10 	the person;and the date and cause of all deaths.  The record
48.11 	shall state every transfer from one state-operated services
48.12 	facility to another, naming each state-operated services
48.13 	facility.  This information shall be furnished to the
48.14 	commissioner of human services by each public agency, along with
48.15 	other obtainable facts as the commissioner may require.  When a
48.16 	patient or resident in a state-operated services facility is
48.17 	discharged, transferred, or dies, the head of the state-operated
48.18 	services facility or designee shall inform the commissioner of
48.19 	human services of these events within ten days on forms
48.20 	furnished by the commissioner.
48.21 	(b) The commissioner of human services shall cause to be
48.22 	devised, installed, and operated an adequate system of records
48.23 	and statistics, which shall consist of all basic record forms,
48.24 	including patient personal records and medical record forms, and
48.25 	the manner of their use shall be precisely uniform throughout
48.26 	all state-operated services facilities.
48.27 		Subd. 2.Definitions; risk assessment and management. (a)
48.28 	As used in this section:
48.29 	(1) "appropriate and necessary medical and other records"
48.30 	includes patient medical record and other protected health
48.31 	information as defined by Code of Federal Regulations, title 45,
48.32 	section 164.501, relating to a patient in a state-operated
48.33 	services facility, including, but not limited to, the patient's
48.34 	treatment plan and abuse prevention plan that is pertinent to
48.35 	the patient's ongoing care, treatment, or placement in a
48.36 	community-based treatment facility or a health care facility
49.1 	that is not operated by state-operated services, and includes
49.2 	information describing the level of risk posed by a patient when
49.3 	the patient enters such a facility;
49.4 	(2) "community-based treatment" means the community support
49.5 	services listed in section 253B.02, subdivision 4b;
49.6 	(3) "criminal history data" means those data maintained or
49.7 	used by the Departments of Corrections and Public Safety and by
49.8 	the supervisory authorities listed in section 13.84, subdivision
49.9 	1, that relate to an individual's criminal history or propensity
49.10 	for violence; including data in the Corrections Offender
49.11 	Management System (COMS) and Statewide Supervision System (S3)
49.12 	maintained by the Department of Corrections and the Criminal
49.13 	Justice Information System (CJIS); the Predatory Offender
49.14 	Registration (POR) system maintained by the Department of Public
49.15 	Safety and the CriMNet system;
49.16 	(4) "designated agency" means the agency defined in section
49.17 	253B.02, subdivision 5;
49.18 	(5) "law enforcement agency" means the law enforcement
49.19 	agency having primary jurisdiction over the location where the
49.20 	offender expects to reside upon release;
49.21 	(6) "predatory offender" and "offender" mean a person who
49.22 	is required to register as a predatory offender under section
49.23 	243.166; and 
49.24 	(7) "treatment facility" means a facility as defined in
49.25 	section 253B.02, subdivision 19.
49.26 	(b) To promote public safety and for the purposes and
49.27 	subject to the requirements below, the commissioner or the
49.28 	commissioner's designee shall have access to and review medical
49.29 	and criminal history data as provided by this section, such as
49.30 	is necessary to comply with Minnesota Rules, part 1205.0400:
49.31 	(1) to determine whether a patient is required under state
49.32 	law to register as a predatory offender according to section
49.33 	243.166;
49.34 	(2) to facilitate and expedite the responsibilities of the
49.35 	special review board and end-of-confinement review committees by
49.36 	corrections institutions and state treatment facilities;
50.1 	(3) to prepare, amend, or revise the abuse prevention plans
50.2 	required under section 626.557, subdivision 14, and individual
50.3 	patient treatment plans required under section 253B.03,
50.4 	subdivision 7;
50.5 	(4) to facilitate the custody, supervision, and transport
50.6 	of individuals transferred between the Department of Corrections
50.7 	and the Department of Human Services; or 
50.8 	(5) to facilitate the exchange of data between the
50.9 	Department of Corrections, the Department of Human Services, and
50.10 	the supervisory authorities listed in section 13.84, subdivision
50.11 	1, regarding individuals under the authority of one or more of
50.12 	these entities.
50.13 	(c) The commissioner may have access to the National Crime
50.14 	Information Center (NCIC) database, through the Department of
50.15 	Public Safety, in support of the law enforcement functions
50.16 	described in paragraph (b).
50.17 		Subd. 3.Community-based treatment and medical
50.18 	treatment. (a) When a patient under the care and supervision of
50.19 	state-operated services is released to a community-based
50.20 	treatment facility or facility that provides health care
50.21 	services, state-operated services may disclose all appropriate
50.22 	and necessary health and other information relating to the
50.23 	patient.
50.24 	(b) The information that must be provided to the designated
50.25 	agency, community-based treatment facility, or facility that
50.26 	provides health care services includes, but is not limited to,
50.27 	the patient's abuse prevention plan required under section
50.28 	626.557, subdivision 14, paragraph (b).
50.29 		Subd. 4.Predatory offender registration
50.30 	notification. (a) When a state-operated facility determines
50.31 	that a patient is required under section 243.166, subdivision 1,
50.32 	to register as a predatory offender or, under section 243.166,
50.33 	subdivision 4a, to provide notice of a change in status, the
50.34 	facility shall provide written notice to the patient of the
50.35 	requirement.
50.36 	(b) If the patient refuses, is unable, or lacks capacity to
51.1 	comply with the requirement described in paragraph (a) within
51.2 	five days after receiving the notification of the duty to
51.3 	comply, state-operated services staff shall obtain and disclose
51.4 	the necessary data to complete the registration form or change
51.5 	of status notification for the patient.  The treatment facility
51.6 	shall also forward the registration or change of status data
51.7 	that it completes to the Bureau of Criminal Apprehension and, as
51.8 	applicable, the patient's corrections agent and the law
51.9 	enforcement agency in the community in which the patient
51.10 	currently resides.  If, after providing notification, the
51.11 	patient refuses to comply with the requirements described in
51.12 	paragraph (a), the treatment facility shall also notify the
51.13 	county attorney in the county in which the patient is currently
51.14 	residing of the refusal.
51.15 	(c) The duties of state-operated services described in this
51.16 	subdivision do not relieve the patient of the ongoing individual
51.17 	duty to comply with the requirements of section 243.166.
51.18 		Subd. 5.Procedure for bloodborne pathogens. Sections
51.19 	246.71 to 246.722 apply to state-operated services facilities.

51.20 	Sec. 40. Minnesota Statutes 2004, section 253B.18,
51.21 	subdivision 4a, is amended to read:
51.22 		Subd. 4a.Release on pass; notification.  A patient who
51.23 	has been committed as a person who is mentally ill and dangerous
51.24 	and who is confined at a secure treatment facility or has been
51.25 	transferred out of a state-operated services facility according
51.26 	to section 253B.18, subdivision 6,shall not be released on a
51.27 	pass unless the pass is part of a pass plan that has been
51.28 	approved by the medical director of the secure treatment
51.29 	facility.  The pass plan must have a specific therapeutic
51.30 	purpose consistent with the treatment plan, must be established
51.31 	for a specific period of time, and must have specific levels of
51.32 	liberty delineated.  The county case manager must be invited to
51.33 	participate in the development of the pass plan.  At least ten
51.34 	days prior to a determination on the plan, the medical director
51.35 	shall notify the designated agency, the committing court, the
51.36 	county attorney of the county of commitment, an interested
52.1 	person, the local law enforcement agency where the facility is
52.2 	located,the local law enforcement agency in the location where
52.3 	the pass is to occur, the petitioner, and the petitioner's
52.4 	counsel of the plan, the nature of the passes proposed, and
52.5 	their right to object to the plan.  If any notified person
52.6 	objects prior to the proposed date of implementation, the person
52.7 	shall have an opportunity to appear, personally or in writing,
52.8 	before the medical director, within ten days of the objection,
52.9 	to present grounds for opposing the plan.  The pass plan shall
52.10 	not be implemented until the objecting person has been furnished
52.11 	that opportunity.  Nothing in this subdivision shall be
52.12 	construed to give a patient an affirmative right to a pass plan.

52.13 	Sec. 41. Minnesota Statutes 2004, section 260B.163,
52.14 	subdivision 6, is amended to read:
52.15 		Subd. 6.Guardian ad litem.  (a) The court shall appoint
52.16 	a guardian ad litem to protect the interests of the minor when
52.17 	it appears, at any stage of the proceedings, that the minor is
52.18 	without a parent or guardian, or that the minor's parent is a
52.19 	minor or incompetent, or that the parent or guardian is
52.20 	indifferent or hostile to the minor's interests.  In any other
52.21 	case the court may appoint a guardian ad litem to protect the
52.22 	interests of the minor when the court feels that such an
52.23 	appointment is desirable.  The court shall appoint the guardian
52.24 	ad litem on its own motion or in the manner provided for the
52.25 	appointment of a guardian ad litem in the district court.  The
52.26 	court may appoint separate counsel for the guardian ad litem if
52.27 	necessary.
52.28 	(b) A guardian ad litem shall carry out the following
52.29 	responsibilities:
52.30 	(1) conduct an independent investigation to determine the
52.31 	facts relevant to the situation of the child and the family,
52.32 	which must include, unless specifically excluded by the court,
52.33 	reviewing relevant documents; meeting with and observing the
52.34 	child in the home setting and considering the child's wishes, as
52.35 	appropriate; and interviewing parents, caregivers, and others
52.36 	with knowledge relevant to the case;
53.1 	(2) advocate for the child's best interests by
53.2 	participating in appropriate aspects of the case and advocating
53.3 	for appropriate community services when necessary;
53.4 	(3) maintain the confidentiality of information related to
53.5 	a case, with the exception of sharing information as permitted
53.6 	by law to promote cooperative solutions that are in the best
53.7 	interests of the child;
53.8 	(4) monitor the child's best interests throughout the
53.9 	judicial proceeding; and
53.10 	(5) present written reports on the child's best interests
53.11 	that include conclusions and recommendations and the facts upon
53.12 	which they are based.
53.13 	(c) The court may waive the appointment of a guardian ad
53.14 	litem pursuant to paragraph (a), whenever counsel has been
53.15 	appointed pursuant to subdivision 2 or is retained otherwise,
53.16 	and the court is satisfied that the interests of the minor are
53.17 	protected.
53.18 	(d) In appointing a guardian ad litem pursuant to paragraph
53.19 	(a), the court shall not appoint the party, or any agent or
53.20 	employee thereof, filing a petition pursuant to section 260B.141
53.21 	and 260C.141.
53.22 	(e) The following factors shall be considered when
53.23 	appointing a guardian ad litem in a case involving an Indian or
53.24 	minority child:
53.25 	(1) whether a person is available who is the same racial or
53.26 	ethnic heritage as the child or, if that is not possible;
53.27 	(2) whether a person is available who knows and appreciates
53.28 	the child's racial or ethnic heritage.
53.29 	(f) The court shall require a background study for each
53.30 	guardian ad litem as provided under section 518.165.  The court
53.31 	shall have access to data collected pursuant to section 245C.32
53.32 	for purposes of the background study.

53.33 	Sec. 42. Minnesota Statutes 2004, section 260C.163,
53.34 	subdivision 5, is amended to read:
53.35 		Subd. 5.Guardian ad litem.  (a) The court shall appoint
53.36 	a guardian ad litem to protect the interests of the minor when
54.1 	it appears, at any stage of the proceedings, that the minor is
54.2 	without a parent or guardian, or that the minor's parent is a
54.3 	minor or incompetent, or that the parent or guardian is
54.4 	indifferent or hostile to the minor's interests, and in every
54.5 	proceeding alleging a child's need for protection or services
54.6 	under section 260C.007, subdivision 6, except proceedings where
54.7 	the sole allegation is that the child is a runaway or habitual
54.8 	truant.  In any other case the court may appoint a guardian ad
54.9 	litem to protect the interests of the minor when the court feels
54.10 	that such an appointment is desirable.  The court shall appoint
54.11 	the guardian ad litem on its own motion or in the manner
54.12 	provided for the appointment of a guardian ad litem in the
54.13 	district court.  The court may appoint separate counsel for the
54.14 	guardian ad litem if necessary.
54.15 	(b) A guardian ad litem shall carry out the following
54.16 	responsibilities:
54.17 	(1) conduct an independent investigation to determine the
54.18 	facts relevant to the situation of the child and the family,
54.19 	which must include, unless specifically excluded by the court,
54.20 	reviewing relevant documents; meeting with and observing the
54.21 	child in the home setting and considering the child's wishes, as
54.22 	appropriate; and interviewing parents, caregivers, and others
54.23 	with knowledge relevant to the case;
54.24 	(2) advocate for the child's best interests by
54.25 	participating in appropriate aspects of the case and advocating
54.26 	for appropriate community services when necessary;
54.27 	(3) maintain the confidentiality of information related to
54.28 	a case, with the exception of sharing information as permitted
54.29 	by law to promote cooperative solutions that are in the best
54.30 	interests of the child;
54.31 	(4) monitor the child's best interests throughout the
54.32 	judicial proceeding; and
54.33 	(5) present written reports on the child's best interests
54.34 	that include conclusions and recommendations and the facts upon
54.35 	which they are based.
54.36 	(c) Except in cases where the child is alleged to have been
55.1 	abused or neglected, the court may waive the appointment of a
55.2 	guardian ad litem pursuant to clause (a), whenever counsel has
55.3 	been appointed pursuant to subdivision 2 or is retained
55.4 	otherwise, and the court is satisfied that the interests of the
55.5 	minor are protected.
55.6 	(d) In appointing a guardian ad litem pursuant to clause
55.7 	(a), the court shall not appoint the party, or any agent or
55.8 	employee thereof, filing a petition pursuant to section 260C.141.
55.9 	(e) The following factors shall be considered when
55.10 	appointing a guardian ad litem in a case involving an Indian or
55.11 	minority child:
55.12 	(1) whether a person is available who is the same racial or
55.13 	ethnic heritage as the child or, if that is not possible;
55.14 	(2) whether a person is available who knows and appreciates
55.15 	the child's racial or ethnic heritage.
55.16 	(f) The court shall require a background study for each
55.17 	guardian ad litem as provided under section 518.165.  The court
55.18 	shall have access to data collected pursuant to section 245C.32
55.19 	for purposes of the background study.

55.20 	Sec. 43. Minnesota Statutes 2004, section 299C.093, is
55.21 	amended to read:
55.22 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
55.23 	The superintendent of the bureau of criminal apprehension
55.24 	shall maintain a computerized data system relating to
55.25 	individuals required to register as predatory offenders under
55.26 	section 243.166.  To the degree feasible, the system must
55.27 	include the information data required to be provided under
55.28 	section 243.166, subdivisions 4 and 4a, and indicate the time
55.29 	period that the person is required to register.  The
55.30 	superintendent shall maintain this information data in a manner
55.31 	that ensures that it is readily available to law enforcement
55.32 	agencies.  This information data is private data on individuals
55.33 	under section 13.02, subdivision 12, but may be used for law
55.34 	enforcement and corrections purposes. State-operated services,
55.35 	as defined in section 246.014, is also authorized to have access
55.36 	to the data for the purposes described in section 246.13,
56.1 	subdivision 2, paragraph (c).

56.2 	Sec. 44. Minnesota Statutes 2004, section 518.165, is
56.3 	amended by adding a subdivision to read:
56.4 		Subd. 4.Background study of guardian ad litem. (a) The
56.5 	court shall initiate a background study through the commissioner
56.6 	of human services under section 245C.32 on every guardian ad
56.7 	litem appointed under this section if a background study has not
56.8 	been completed on the guardian ad litem within the past three
56.9 	years.  The background study must be completed before the court
56.10 	appoints the guardian ad litem, unless the court determines that
56.11 	it is in the best interest of the child to appoint a guardian ad
56.12 	litem before a background study can be completed by the
56.13 	commissioner.  The court shall initiate a subsequent background
56.14 	study under this paragraph once every three years after the
56.15 	guardian has been appointed as long as the individual continues
56.16 	to serve as a guardian ad litem.
56.17 	(b) The background study must include criminal history data
56.18 	from the Bureau of Criminal Apprehension, other criminal history
56.19 	data held by the commissioner of human services, and data
56.20 	regarding whether the person has been a perpetrator of
56.21 	substantiated maltreatment of a minor or a vulnerable adult.
56.22 	When the information from the Bureau of Criminal Apprehension
56.23 	indicates that the subject of a study under paragraph (a) is a
56.24 	multistate offender or that the subject's multistate offender
56.25 	status is undetermined, the court shall require a search of the
56.26 	National Criminal Records Repository, and shall provide the
56.27 	commissioner a set of classifiable fingerprints of the subject
56.28 	of the study.
56.29 	(c) The Minnesota Supreme Court shall pay the commissioner
56.30 	a fee for conducting a background study under section 245C.32.
56.31 	(d) Nothing precludes the court from initiating background
56.32 	studies using court data on criminal convictions.

56.33 	Sec. 45. Minnesota Statutes 2004, section 518.165, is
56.34 	amended by adding a subdivision to read:
56.35 		Subd. 5.Procedure, criminal history, and maltreatment
56.36 	records background study. (a) When the court requests a
57.1 	background study under subdivision 4, paragraph (a), the request
57.2 	shall be submitted to the Department of Human Services through
57.3 	the department's electronic online background study system.
57.4 	(b) When the court requests a search of the National
57.5 	Criminal Records Repository, the court must provide a set of
57.6 	classifiable fingerprints of the subject of the study on a
57.7 	fingerprint card provided by the commissioner of human services.
57.8 	(c) The commissioner of human services shall provide the
57.9 	court with information from the Bureau of Criminal
57.10 	Apprehension's Criminal Justice Information System, other
57.11 	criminal history data held by the commissioner of human
57.12 	services, and data regarding substantiated maltreatment of a
57.13 	minor under section 626.556, and substantiated maltreatment of a
57.14 	vulnerable adult under section 626.557, within 15 working days
57.15 	of receipt of a request.  If the subject of the study has been
57.16 	determined by the Department of Human Services or the Department
57.17 	of Health to be the perpetrator of substantiated maltreatment of
57.18 	a minor or vulnerable adult in a licensed facility, the response
57.19 	must include a copy of the public portion of the investigation
57.20 	memorandum under section 626.556, subdivision 10f, or the public
57.21 	portion of the investigation memorandum under section 626.557,
57.22 	subdivision 12b.  When the background study shows that the
57.23 	subject has been determined by a county adult protection or
57.24 	child protection agency to have been responsible for
57.25 	maltreatment, the court shall be informed of the county, the
57.26 	date of the finding, and the nature of the maltreatment that was
57.27 	substantiated.  The commissioner shall provide the court with
57.28 	information from the National Criminal Records Repository within
57.29 	three working days of the commissioner's receipt of the data.
57.30 	When the commissioner finds no criminal history or substantiated
57.31 	maltreatment on a background study subject, the commissioner
57.32 	shall make these results available to the court electronically
57.33 	through the secure online background study system.
57.34 	(d) Notwithstanding section 626.556, subdivision 10f, or
57.35 	626.557, subdivision 12b, if the commissioner or county lead
57.36 	agency has information that a person on whom a background study
58.1 	was previously done under this section has been determined to be
58.2 	a perpetrator of maltreatment of a minor or vulnerable adult,
58.3 	the commissioner or the county may provide this information to
58.4 	the court that requested the background study.

58.5 	Sec. 46. Minnesota Statutes 2004, section 518.165, is
58.6 	amended by adding a subdivision to read:
58.7 		Subd. 6.Rights. The court shall notify the subject of a
58.8 	background study that the subject has the following rights:
58.9 	(1) the right to be informed that the court will request a
58.10 	background study on the subject for the purpose of determining
58.11 	whether the person's appointment or continued appointment is in
58.12 	the best interests of the child;
58.13 	(2) the right to be informed of the results of the study
58.14 	and to obtain from the court a copy of the results; and 
58.15 	(3) the right to challenge the accuracy and completeness of
58.16 	the information contained in the results to the agency
58.17 	responsible for creation of the data except to the extent
58.18 	precluded by section 256.045, subdivision 3.

58.19 	Sec. 47. Minnesota Statutes 2004, section 609A.03,
58.20 	subdivision 7, is amended to read:
58.21 		Subd. 7.Limitations of order.  (a) Upon issuance of an
58.22 	expungement order related to a charge supported by probable
58.23 	cause, the DNA samples and DNA records held by the Bureau of
58.24 	Criminal Apprehension shall not be sealed, returned to the
58.25 	subject of the record, or destroyed.
58.26 	(b) Notwithstanding the issuance of an expungement order:
58.27 	(1) an expunged record may be opened for purposes of a
58.28 	criminal investigation, prosecution, or sentencing, upon an ex
58.29 	parte court order; and 
58.30 	(2) an expunged record of a conviction may be opened for
58.31 	purposes of evaluating a prospective employee in a criminal
58.32 	justice agency without a court order; and 
58.33 	(3) an expunged record of a conviction may be opened for
58.34 	purposes of a background study under section 245C.08 unless the
58.35 	court order for expungement is directed specifically to the
58.36 	commissioner of human services.
59.1 	Upon request by law enforcement, prosecution, or
59.2 	corrections authorities, an agency or jurisdiction subject to an
59.3 	expungement order shall inform the requester of the existence of
59.4 	a sealed record and of the right to obtain access to it as
59.5 	provided by this paragraph.  For purposes of this section, a
59.6 	"criminal justice agency" means courts or a government agency
59.7 	that performs the administration of criminal justice under
59.8 	statutory authority.

59.9 	Sec. 48. Minnesota Statutes 2004, section 626.556,
59.10 	subdivision 10i, is amended to read:
59.11 		Subd. 10i.Administrative reconsideration of final
59.12 	determination of maltreatment and disqualification based on
59.13 	serious or recurring maltreatment; review panel.  (a) Except as
59.14 	provided under paragraph (e), an individual or facility that the
59.15 	commissioner of human services, a local social service agency,
59.16 	or the commissioner of education determines has maltreated a
59.17 	child, an interested person acting on behalf of the child,
59.18 	regardless of the determination, who contests the investigating
59.19 	agency's final determination regarding maltreatment, may request
59.20 	the investigating agency to reconsider its final determination
59.21 	regarding maltreatment.  The request for reconsideration must be
59.22 	submitted in writing to the investigating agency within 15
59.23 	calendar days after receipt of notice of the final determination
59.24 	regarding maltreatment or, if the request is made by an
59.25 	interested person who is not entitled to notice, within 15 days
59.26 	after receipt of the notice by the parent or guardian of the
59.27 	child. If mailed, the request for reconsideration must be
59.28 	postmarked and sent to the investigating agency within 15
59.29 	calendar days of the individual's or facility's receipt of the
59.30 	final determination.  If the request for reconsideration is made
59.31 	by personal service, it must be received by the investigating
59.32 	agency within 15 calendar days after the individual's or
59.33 	facility's receipt of the final determination.Effective
59.34 	January 1, 2002, an individual who was determined to have
59.35 	maltreated a child under this section and who was disqualified
59.36 	on the basis of serious or recurring maltreatment under sections
60.1 	245C.14 and 245C.15, may request reconsideration of the
60.2 	maltreatment determination and the disqualification.  The
60.3 	request for reconsideration of the maltreatment determination
60.4 	and the disqualification must be submitted within 30 calendar
60.5 	days of the individual's receipt of the notice of
60.6 	disqualification under sections 245C.16 and 245C.17. If mailed,
60.7 	the request for reconsideration of the maltreatment
60.8 	determination and the disqualification must be postmarked and
60.9 	sent to the investigating agency within 30 calendar days of the
60.10 	individual's receipt of the maltreatment determination and
60.11 	notice of disqualification.  If the request for reconsideration
60.12 	is made by personal service, it must be received by the
60.13 	investigating agency within 30 calendar days after the
60.14 	individual's receipt of the notice of disqualification.
60.15 	(b) Except as provided under paragraphs (e) and (f), if the
60.16 	investigating agency denies the request or fails to act upon the
60.17 	request within 15 calendar working days after receiving the
60.18 	request for reconsideration, the person or facility entitled to
60.19 	a fair hearing under section 256.045 may submit to the
60.20 	commissioner of human services or the commissioner of education
60.21 	a written request for a hearing under that section.  Section
60.22 	256.045 also governs hearings requested to contest a final
60.23 	determination of the commissioner of education.  For reports
60.24 	involving maltreatment of a child in a facility, an interested
60.25 	person acting on behalf of the child may request a review by the
60.26 	Child Maltreatment Review Panel under section 256.022 if the
60.27 	investigating agency denies the request or fails to act upon the
60.28 	request or if the interested person contests a reconsidered
60.29 	determination.  The investigating agency shall notify persons
60.30 	who request reconsideration of their rights under this
60.31 	paragraph.  The request must be submitted in writing to the
60.32 	review panel and a copy sent to the investigating agency within
60.33 	30 calendar days of receipt of notice of a denial of a request
60.34 	for reconsideration or of a reconsidered determination.  The
60.35 	request must specifically identify the aspects of the agency
60.36 	determination with which the person is dissatisfied.
61.1 	(c) If, as a result of a reconsideration or review, the
61.2 	investigating agency changes the final determination of
61.3 	maltreatment, that agency shall notify the parties specified in
61.4 	subdivisions 10b, 10d, and 10f.
61.5 	(d) Except as provided under paragraph (f), if an
61.6 	individual or facility contests the investigating agency's final
61.7 	determination regarding maltreatment by requesting a fair
61.8 	hearing under section 256.045, the commissioner of human
61.9 	services shall assure that the hearing is conducted and a
61.10 	decision is reached within 90 days of receipt of the request for
61.11 	a hearing.  The time for action on the decision may be extended
61.12 	for as many days as the hearing is postponed or the record is
61.13 	held open for the benefit of either party.
61.14 	(e) Effective January 1, 2002, if an individual was
61.15 	disqualified under sections 245C.14 and 245C.15, on the basis of
61.16 	a determination of maltreatment, which was serious or recurring,
61.17 	and the individual has requested reconsideration of the
61.18 	maltreatment determination under paragraph (a) and requested
61.19 	reconsideration of the disqualification under sections 245C.21
61.20 	to 245C.27, reconsideration of the maltreatment determination
61.21 	and reconsideration of the disqualification shall be
61.22 	consolidated into a single reconsideration.  If reconsideration
61.23 	of the maltreatment determination is denied or the
61.24 	disqualification is not set aside under sections 245C.21 to
61.25 	245C.27, the individual may request a fair hearing under section
61.26 	256.045.  If an individual requests a fair hearing on the
61.27 	maltreatment determination and the disqualification, the scope
61.28 	of the fair hearing shall include both the maltreatment
61.29 	determination and the disqualification.
61.30 	(f) Effective January 1, 2002, if a maltreatment
61.31 	determination or a disqualification based on serious or
61.32 	recurring maltreatment is the basis for a denial of a license
61.33 	under section 245A.05 or a licensing sanction under section
61.34 	245A.07, the license holder has the right to a contested case
61.35 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
61.36 	1400.8612.  As provided for under section 245A.08, subdivision
62.1 	2a, the scope of the contested case hearing shall include the
62.2 	maltreatment determination, disqualification, and licensing
62.3 	sanction or denial of a license.  In such cases, a fair hearing
62.4 	regarding the maltreatment determination shall not be conducted
62.5 	under paragraph (b). When a fine is based on a determination
62.6 	that the license holder is responsible for maltreatment and the
62.7 	fine is issued at the same time as the maltreatment
62.8 	determination, if the license holder appeals the maltreatment
62.9 	and fine, reconsideration of the maltreatment determination
62.10 	shall not be conducted under this section.If the disqualified
62.11 	subject is an individual other than the license holder and upon
62.12 	whom a background study must be conducted under chapter 245C,
62.13 	the hearings of all parties may be consolidated into a single
62.14 	contested case hearing upon consent of all parties and the
62.15 	administrative law judge.
62.16 	(g) For purposes of this subdivision, "interested person
62.17 	acting on behalf of the child" means a parent or legal guardian;
62.18 	stepparent; grandparent; guardian ad litem; adult stepbrother,
62.19 	stepsister, or sibling; or adult aunt or uncle; unless the
62.20 	person has been determined to be the perpetrator of the
62.21 	maltreatment.

62.22 	Sec. 49. Minnesota Statutes 2004, section 626.557,
62.23 	subdivision 9d, is amended to read:
62.24 		Subd. 9d.Administrative reconsideration of final
62.25 	disposition of maltreatment and disqualification based on
62.26 	serious or recurring maltreatment; review panel.  (a) Except as
62.27 	provided under paragraph (e), any individual or facility which a
62.28 	lead agency determines has maltreated a vulnerable adult, or the
62.29 	vulnerable adult or an interested person acting on behalf of the
62.30 	vulnerable adult, regardless of the lead agency's determination,
62.31 	who contests the lead agency's final disposition of an
62.32 	allegation of maltreatment, may request the lead agency to
62.33 	reconsider its final disposition.  The request for
62.34 	reconsideration must be submitted in writing to the lead agency
62.35 	within 15 calendar days after receipt of notice of final
62.36 	disposition or, if the request is made by an interested person
63.1 	who is not entitled to notice, within 15 days after receipt of
63.2 	the notice by the vulnerable adult or the vulnerable adult's
63.3 	legal guardian. If mailed, the request for reconsideration must
63.4 	be postmarked and sent to the lead agency within 15 calendar
63.5 	days of the individual's or facility's receipt of the final
63.6 	disposition.  If the request for reconsideration is made by
63.7 	personal service, it must be received by the lead agency within
63.8 	15 calendar days of the individual's or facility's receipt of
63.9 	the final disposition.An individual who was determined to have
63.10 	maltreated a vulnerable adult under this section and who was
63.11 	disqualified on the basis of serious or recurring maltreatment
63.12 	under sections 245C.14 and 245C.15, may request reconsideration
63.13 	of the maltreatment determination and the disqualification.  The
63.14 	request for reconsideration of the maltreatment determination
63.15 	and the disqualification must be submitted in writing within 30
63.16 	calendar days of the individual's receipt of the notice of
63.17 	disqualification under sections 245C.16 and 245C.17. If mailed,
63.18 	the request for reconsideration of the maltreatment
63.19 	determination and the disqualification must be postmarked and
63.20 	sent to the lead agency within 30 calendar days of the
63.21 	individual's receipt of the notice of disqualification.  If the
63.22 	request for reconsideration is made by personal service, it must
63.23 	be received by the lead agency within 30 calendar days after the
63.24 	individual's receipt of the notice of disqualification.
63.25 	(b) Except as provided under paragraphs (e) and (f), if the
63.26 	lead agency denies the request or fails to act upon the request
63.27 	within 15 calendar working days after receiving the request for
63.28 	reconsideration, the person or facility entitled to a fair
63.29 	hearing under section 256.045, may submit to the commissioner of
63.30 	human services a written request for a hearing under that
63.31 	statute.  The vulnerable adult, or an interested person acting
63.32 	on behalf of the vulnerable adult, may request a review by the
63.33 	Vulnerable Adult Maltreatment Review Panel under section 256.021
63.34 	if the lead agency denies the request or fails to act upon the
63.35 	request, or if the vulnerable adult or interested person
63.36 	contests a reconsidered disposition.  The lead agency shall
64.1 	notify persons who request reconsideration of their rights under
64.2 	this paragraph.  The request must be submitted in writing to the
64.3 	review panel and a copy sent to the lead agency within 30
64.4 	calendar days of receipt of notice of a denial of a request for
64.5 	reconsideration or of a reconsidered disposition.  The request
64.6 	must specifically identify the aspects of the agency
64.7 	determination with which the person is dissatisfied.
64.8 	(c) If, as a result of a reconsideration or review, the
64.9 	lead agency changes the final disposition, it shall notify the
64.10 	parties specified in subdivision 9c, paragraph (d).
64.11 	(d) For purposes of this subdivision, "interested person
64.12 	acting on behalf of the vulnerable adult" means a person
64.13 	designated in writing by the vulnerable adult to act on behalf
64.14 	of the vulnerable adult, or a legal guardian or conservator or
64.15 	other legal representative, a proxy or health care agent
64.16 	appointed under chapter 145B or 145C, or an individual who is
64.17 	related to the vulnerable adult, as defined in section 245A.02,
64.18 	subdivision 13.
64.19 	(e) If an individual was disqualified under sections
64.20 	245C.14 and 245C.15, on the basis of a determination of
64.21 	maltreatment, which was serious or recurring, and the individual
64.22 	has requested reconsideration of the maltreatment determination
64.23 	under paragraph (a) and reconsideration of the disqualification
64.24 	under sections 245C.21 to 245C.27, reconsideration of the
64.25 	maltreatment determination and requested reconsideration of the
64.26 	disqualification shall be consolidated into a single
64.27 	reconsideration.  If reconsideration of the maltreatment
64.28 	determination is denied or if the disqualification is not set
64.29 	aside under sections 245C.21 to 245C.27, the individual may
64.30 	request a fair hearing under section 256.045.  If an individual
64.31 	requests a fair hearing on the maltreatment determination and
64.32 	the disqualification, the scope of the fair hearing shall
64.33 	include both the maltreatment determination and the
64.34 	disqualification.
64.35 	(f) If a maltreatment determination or a disqualification
64.36 	based on serious or recurring maltreatment is the basis for a
65.1 	denial of a license under section 245A.05 or a licensing
65.2 	sanction under section 245A.07, the license holder has the right
65.3 	to a contested case hearing under chapter 14 and Minnesota
65.4 	Rules, parts 1400.8505 to 1400.8612.  As provided for under
65.5 	section 245A.08, the scope of the contested case hearing shall
65.6 	include the maltreatment determination, disqualification, and
65.7 	licensing sanction or denial of a license.  In such cases, a
65.8 	fair hearing shall not be conducted under paragraph (b). When a
65.9 	fine is based on a determination that the license holder is
65.10 	responsible for maltreatment and the fine is issued at the same
65.11 	time as the maltreatment determination, if the license holder
65.12 	appeals the maltreatment and fine, reconsideration of the
65.13 	maltreatment determination shall not be conducted under this
65.14 	section.If the disqualified subject is an individual other
65.15 	than the license holder and upon whom a background study must be
65.16 	conducted under chapter 245C, the hearings of all parties may be
65.17 	consolidated into a single contested case hearing upon consent
65.18 	of all parties and the administrative law judge.
65.19 	(g) Until August 1, 2002, an individual or facility that
65.20 	was determined by the commissioner of human services or the
65.21 	commissioner of health to be responsible for neglect under
65.22 	section 626.5572, subdivision 17, after October 1, 1995, and
65.23 	before August 1, 2001, that believes that the finding of neglect
65.24 	does not meet an amended definition of neglect may request a
65.25 	reconsideration of the determination of neglect.  The
65.26 	commissioner of human services or the commissioner of health
65.27 	shall mail a notice to the last known address of individuals who
65.28 	are eligible to seek this reconsideration.  The request for
65.29 	reconsideration must state how the established findings no
65.30 	longer meet the elements of the definition of neglect.  The
65.31 	commissioner shall review the request for reconsideration and
65.32 	make a determination within 15 calendar days.  The
65.33 	commissioner's decision on this reconsideration is the final
65.34 	agency action.
65.35 	(1) For purposes of compliance with the data destruction
65.36 	schedule under subdivision 12b, paragraph (d), when a finding of
66.1 	substantiated maltreatment has been changed as a result of a
66.2 	reconsideration under this paragraph, the date of the original
66.3 	finding of a substantiated maltreatment must be used to
66.4 	calculate the destruction date.
66.5 	(2) For purposes of any background studies under chapter
66.6 	245C, when a determination of substantiated maltreatment has
66.7 	been changed as a result of a reconsideration under this
66.8 	paragraph, any prior disqualification of the individual under
66.9 	chapter 245C that was based on this determination of
66.10 	maltreatment shall be rescinded, and for future background
66.11 	studies under chapter 245C the commissioner must not use the
66.12 	previous determination of substantiated maltreatment as a basis
66.13 	for disqualification or as a basis for referring the
66.14 	individual's maltreatment history to a health-related licensing
66.15 	board under section 245C.31.

66.16 	Sec. 50. Minnesota Statutes 2004, section 626.557,
66.17 	subdivision 14, is amended to read:
66.18 		Subd. 14.Abuse prevention plans.  (a) Each facility,
66.19 	except home health agencies and personal care attendant services
66.20 	providers, shall establish and enforce an ongoing written abuse
66.21 	prevention plan.  The plan shall contain an assessment of the
66.22 	physical plant, its environment, and its population identifying
66.23 	factors which may encourage or permit abuse, and a statement of
66.24 	specific measures to be taken to minimize the risk of abuse.
66.25 	The plan shall comply with any rules governing the plan
66.26 	promulgated by the licensing agency.
66.27 	(b) Each facility, including a home health care agency and
66.28 	personal care attendant services providers, shall develop an
66.29 	individual abuse prevention plan for each vulnerable adult
66.30 	residing there or receiving services from them.  The plan shall
66.31 	contain an individualized assessment of:
66.32 	(1) the person's susceptibility to abuse by other
66.33 	individuals, including other vulnerable adults,;
66.34 	(2) the person's risk of abusing other vulnerable adults;
66.35 	and a statement 
66.36 	(3) statements of the specific measures to be taken to
67.1 	minimize the risk of abuse to that person and other vulnerable
67.2 	adults.  For the purposes of this clause, the term "abuse"
67.3 	includes self-abuse.

67.4 	Sec. 51. REPEALER.
 67.5 	Minnesota Statutes 2004, section 246.017, subdivision 1, is
67.6 	repealed.