1.1 	A bill for an act
1.2 	relating to human services; making changes to licensing provisions; modifying 
1.3 	data practices, program administration, disaster plans, education programs, 
1.4 	conditional license provisions, suspensions, sanctions, and contested case 
1.5 	hearings, child care center training, family child care training requirements, 
1.6 	vulnerable adults, maltreatment of minors, background studies, disqualifications, 
1.7 	reconsiderations, disqualification set-asides, fair hearings, appeals, changing 
1.8 	definitions of neglect and physical abuse;amending Minnesota Statutes 
1.9 	2006, sections 245A.03, subdivision 2; 245A.04, subdivision 11, by adding 
1.10 	subdivisions; 245A.06, subdivision 4; 245A.07, subdivisions 2a, 3, by adding 
1.11 	a subdivision; 245A.08, subdivision 2a; 245A.14, subdivision 8; 245A.144; 
1.12 	245A.1445; 245A.145, subdivision 1; 245A.18, subdivision 2; 245A.65, 
1.13 	subdivision 1, by adding a subdivision; 245C.02, by adding a subdivision; 
1.14 	245C.05, subdivision 3; 245C.07; 245C.08; 245C.09, subdivision 1; 245C.11, by 
1.15 	adding a subdivision; 245C.13, subdivision 2; 245C.14, subdivision 1; 245C.15, 
1.16 	subdivisions 1, 2, 3, 4; 245C.16, subdivision 1; 245C.17, subdivisions 2, 3; 
1.17 	245C.21, subdivisions 2, 3; 245C.22, subdivisions 4, 5; 245C.24, subdivision 
1.18 	3; 245C.27, subdivision 1; 245C.28, subdivision 1; 245C.301; 626.556, 
1.19 	subdivisions 2, 10e, 10i; 626.557, subdivisions 9c, 9d; 626.5572, subdivision 17; 
1.20 	proposing coding for new law in Minnesota Statutes, chapter 245A; repealing 
1.21 	Minnesota Statutes 2006, sections 245A.023; 245A.14, subdivisions 7, 9, 9a, 12, 
1.22 	13; 245C.06; Minnesota Rules, parts 9502.0385; 9503.0035.
1.23 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.24 	Section 1. Minnesota Statutes 2006, section 245A.03, subdivision 2, is amended to 
1.25 	read:
1.26 		Subd. 2.Exclusion from licensure. (a) This chapter does not apply to:
1.27 	(1) residential or nonresidential programs that are provided to a person by an 
1.28 	individual who is related unless the residential program is a child foster care placement 
1.29 	made by a local social services agency or a licensed child-placing agency, except as 
1.30 	provided in subdivision 2a;
2.1 	(2) nonresidential programs that are provided by an unrelated individual to persons 
2.2 	from a single related family;
2.3 	(3) residential or nonresidential programs that are provided to adults who do 
2.4 	not abuse chemicals or who do not have a chemical dependency, a mental illness, a 
2.5 	developmental disability, a functional impairment, or a physical disability;
2.6 	(4) sheltered workshops or work activity programs that are certified by the 
2.7 	commissioner of economic security;
2.8 	(5) programs operated by a public school for children 33 months or older;
2.9 	(6) nonresidential programs primarily for children that provide care or supervision 
2.10 	for periods of less than three hours a day while the child's parent or legal guardian is in 
2.11 	the same building as the nonresidential program or present within another building that is 
2.12 	directly contiguous to the building in which the nonresidential program is located;
2.13 	(7) nursing homes or hospitals licensed by the commissioner of health except as 
2.14 	specified under section 245A.02;
2.15 	(8) board and lodge facilities licensed by the commissioner of health that provide 
2.16 	services for five or more persons whose primary diagnosis is mental illness that do not 
2.17 	provide intensive residential treatment;
2.18 	(9) homes providing programs for persons placed there by a county or a licensed 
2.19 	agency for legal adoption, unless the adoption is not completed within two years;
2.20 	(10) programs licensed by the commissioner of corrections;
2.21 	(11) recreation programs for children or adults that are operated or approved by a 
2.22 	park and recreation board whose primary purpose is to provide social and recreational 
2.23 	activities;
2.24 	(12) programs operated by a school as defined in section 120A.22, subdivision 4, 
2.25 	whose primary purpose is to provide child care to school-age children;
2.26 	(13) Head Start nonresidential programs which operate for less than 45 days in 
2.27 	each calendar year;
2.28 	(14) noncertified boarding care homes unless they provide services for five or more 
2.29 	persons whose primary diagnosis is mental illness or a developmental disability;
2.30 	(15) programs for children such as scouting, boys clubs, girls clubs, and sports and 
2.31 	art programs, and nonresidential programs for children provided for a cumulative total of 
2.32 	less than 30 days in any 12-month period;
2.33 	(16) residential programs for persons with mental illness, that are located in hospitals;
2.34 	(17) the religious instruction of school-age children; Sabbath or Sunday schools; or 
2.35 	the congregate care of children by a church, congregation, or religious society during the 
2.36 	period used by the church, congregation, or religious society for its regular worship;
3.1 	(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 
3.2 	4630;
3.3 	(19) mental health outpatient services for adults with mental illness or children 
3.4 	with emotional disturbance;
3.5 	(20) residential programs serving school-age children whose sole purpose is cultural 
3.6 	or educational exchange, until the commissioner adopts appropriate rules;
3.7 	(21) unrelated individuals who provide out-of-home respite care services to persons 
3.8 	with developmental disabilities from a single related family for no more than 90 days in a 
3.9 	12-month period and the respite care services are for the temporary relief of the person's 
3.10 	family or legal representative;
3.11 	(22) respite care services provided as a home and community-based service to a 
3.12 	person with a developmental disability, in the person's primary residence;
3.13 	(23) community support services programs as defined in section 245.462, subdivision 
3.14 	6, and family community support services as defined in section 245.4871, subdivision 17;
3.15 	(24) the placement of a child by a birth parent or legal guardian in a preadoptive 
3.16 	home for purposes of adoption as authorized by section 259.47;
3.17 	(25) settings registered under chapter 144D which provide home care services 
3.18 	licensed by the commissioner of health to fewer than seven adults; or
3.19 	(26) consumer-directed community support service funded under the Medicaid 
3.20 	waiver for persons with developmental disabilities when the individual who provided 
3.21 	the service is:
3.22 	(i) the same individual who is the direct payee of these specific waiver funds or paid 
3.23 	by a fiscal agent, fiscal intermediary, or employer of record; and
3.24 	(ii) not otherwise under the control of a residential or nonresidential program that is 
3.25 	required to be licensed under this chapter when providing the service.
3.26 	(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a 
3.27 	building in which a nonresidential program is located if it shares a common wall with the 
3.28 	building in which the nonresidential program is located or is attached to that building by 
3.29 	skyway, tunnel, atrium, or common roof.
3.30 	(c) Nothing in this chapter shall be construed to require licensure for any services 
3.31 	provided and funded according to an approved federal waiver plan where licensure is 
3.32 	specifically identified as not being a condition for the services and funding.

3.33 	Sec. 2. Minnesota Statutes 2006, section 245A.04, subdivision 11, is amended to read:
3.34 		Subd. 11.Education program; additional requirement. (a) The education 
3.35 	program offered in a residential or nonresidential program, except for child care, foster 
4.1 	care, or services for adults, must be approved by the commissioner of education before the 
4.2 	commissioner of human services may grant a license to the program.
4.3 	(b) A residential program licensed by the commissioner of human services under 
4.4 	Minnesota Rules, parts 9545.0905 to 9545.1125 or 9545.1400 to 9545.1480 2960.0010 to 
4.5 	2960.0710, may serve persons through the age of 19 when:
4.6 	(1) the admission or continued stay is necessary for a person to complete a secondary 
4.7 	school program or its equivalent, or it is necessary to facilitate a transition period after 
4.8 	completing the secondary school program or its equivalent for up to four months in order 
4.9 	for the resident to obtain other living arrangements;
4.10 	(2) the facility develops policies, procedures, and plans required under section 
4.11 	245A.65; 
4.12 	(3) the facility documents an assessment of the 18- or 19-year-old person's risk 
4.13 	of victimizing children residing in the facility, and develops necessary risk reduction 
4.14 	measures, including sleeping arrangements, to minimize any risk of harm to children; and
4.15 	(4) notwithstanding the license holder's target population age range, whenever 
4.16 	persons age 18 or 19 years old are receiving residential services, the age difference among 
4.17 	residents may not exceed five years.
4.18 	(c) Nothing in this paragraph precludes the license holder from seeking other 
4.19 	variances under subdivision 9.

4.20 	Sec. 3. Minnesota Statutes 2006, section 245A.04, is amended by adding a subdivision 
4.21 	to read:
4.22 		Subd. 14.Policies and procedures for program administration required and 
4.23 	enforceable. (a) The license holder shall develop program policies and procedures 
4.24 	necessary to maintain compliance with licensing requirements under Minnesota Statutes 
4.25 	and Minnesota Rules.
4.26 	(b) The license holder shall:
4.27 	(1) provide training to program staff related to their duties in implementing the 
4.28 	program's policies and procedures developed under paragraph (a);
4.29 	(2) document the provision of this training; and
4.30 	(3) monitor implementation of policies and procedures by program staff.
4.31 	(c) The license holder shall keep program policies and procedures readily accessible 
4.32 	to staff and index the policies and procedures with a table of contents or another method 
4.33 	approved by the commissioner.

5.1 	Sec. 4. Minnesota Statutes 2006, section 245A.04, is amended by adding a subdivision 
5.2 	to read:
5.3 		Subd. 15.Pandemic planning. Upon request, the license holder must cooperate 
5.4 	with state and local government disaster planning agencies working to prepare for or react 
5.5 	to emergencies presented by a pandemic outbreak.

5.6 	Sec. 5. Minnesota Statutes 2006, section 245A.06, subdivision 4, is amended to read:
5.7 		Subd. 4.Notice of conditional license; reconsideration of conditional license. If 
5.8 	a license is made conditional, the license holder must be notified of the order by certified 
5.9 	mail or personal service. If mailed, the notice must be mailed to the address shown on 
5.10 	the application or the last known address of the license holder. The notice must state the 
5.11 	reasons the conditional license was ordered and must inform the license holder of the right 
5.12 	to request reconsideration of the conditional license by the commissioner. The license 
5.13 	holder may request reconsideration of the order of conditional license by notifying the 
5.14 	commissioner by certified mail or personal service. The request must be made in writing. 
5.15 	If sent by certified mail, the request must be postmarked and sent to the commissioner 
5.16 	within ten calendar days after the license holder received the order. If a request is made by 
5.17 	personal service, it must be received by the commissioner within ten calendar days after 
5.18 	the license holder received the order. The license holder may submit with the request for 
5.19 	reconsideration written argument or evidence in support of the request for reconsideration. 
5.20 	A timely request for reconsideration shall stay imposition of the terms of the conditional 
5.21 	license until the commissioner issues a decision on the request for reconsideration. If 
5.22 	the commissioner issues a dual order of conditional license under this section and an 
5.23 	order to pay a fine under section 245A.07, subdivision 3, the license holder has a right 
5.24 	to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 
5.25 	to 1400.8612. The scope of the contested case hearing shall include the fine and the 
5.26 	conditional license. In this case, a reconsideration of the conditional license will not be 
5.27 	conducted under this section. If the license holder does not appeal the fine, the license 
5.28 	holder does not have a right to a contested case hearing and a reconsideration of the 
5.29 	conditional license must be conducted under this subdivision.
5.30 	The commissioner's disposition of a request for reconsideration is final and not 
5.31 	subject to appeal under chapter 14.

5.32 	Sec. 6. Minnesota Statutes 2006, section 245A.07, subdivision 2a, is amended to read:
5.33 		Subd. 2a.Immediate suspension expedited hearing. (a) Within five working days 
5.34 	of receipt of the license holder's timely appeal, the commissioner shall request assignment 
6.1 	of an administrative law judge. The request must include a proposed date, time, and place 
6.2 	of a hearing. A hearing must be conducted by an administrative law judge within 30 
6.3 	calendar days of the request for assignment, unless an extension is requested by either 
6.4 	party and granted by the administrative law judge for good cause. The commissioner shall 
6.5 	issue a notice of hearing by certified mail or personal service at least ten working days 
6.6 	before the hearing. The scope of the hearing shall be limited solely to the issue of whether 
6.7 	the temporary immediate suspension should remain in effect pending the commissioner's 
6.8 	final order under section 245A.08, regarding a licensing sanction issued under subdivision 
6.9 	3 following the immediate suspension. The burden of proof in expedited hearings under 
6.10 	this subdivision shall be limited to the commissioner's demonstration that reasonable 
6.11 	cause exists to believe that the license holder's actions or failure to comply with applicable 
6.12 	law or rule poses, or if the actions of other individuals or conditions in the program poses
6.13 	an imminent risk of harm to the health, safety, or rights of persons served by the program. 
6.14 	(b) The administrative law judge shall issue findings of fact, conclusions, and a 
6.15 	recommendation within ten working days from the date of hearing. The parties shall have 
6.16 	ten calendar days to submit exceptions to the administrative law judge's report. The 
6.17 	record shall close at the end of the ten-day period for submission of exceptions. The 
6.18 	commissioner's final order shall be issued within ten working days from the close of the 
6.19 	record. Within 90 calendar days after a final order affirming an immediate suspension, the 
6.20 	commissioner shall make a determination regarding whether a final licensing sanction 
6.21 	shall be issued under subdivision 3. The license holder shall continue to be prohibited 
6.22 	from operation of the program during this 90-day period.
6.23 	(c) When the final order under paragraph (b) affirms an immediate suspension, and a 
6.24 	final licensing sanction is issued under subdivision 3 and the license holder appeals that 
6.25 	sanction, the license holder continues to be prohibited from operation of the program 
6.26 	pending a final commissioner's order under section 245A.08, subdivision 5, regarding the 
6.27 	final licensing sanction. 

6.28 	Sec. 7. Minnesota Statutes 2006, section 245A.07, subdivision 3, is amended to read:
6.29 		Subd. 3.License suspension, revocation, or fine. (a) The commissioner may 
6.30 	suspend or revoke a license, or impose a fine if a license holder fails to comply fully with 
6.31 	applicable laws or rules, if a license holder or, a controlling individual, an individual 
6.32 	living in the household where the licensed services are provided or is otherwise subject 
6.33 	to a background study has a disqualification which has not been set aside under section 
6.34 	245C.22, or if a license holder knowingly withholds relevant information from or gives 
6.35 	false or misleading information to the commissioner in connection with an application for 
7.1 	a license, in connection with the background study status of an individual, or during an 
7.2 	investigation, or regarding compliance with applicable laws or rules. A license holder 
7.3 	who has had a license suspended, revoked, or has been ordered to pay a fine must be 
7.4 	given notice of the action by certified mail or personal service. If mailed, the notice 
7.5 	must be mailed to the address shown on the application or the last known address of the 
7.6 	license holder. The notice must state the reasons the license was suspended, revoked, or 
7.7 	a fine was ordered.
7.8 	(b) If the license was suspended or revoked, the notice must inform the license 
7.9 	holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, 
7.10 	parts 1400.8505 to 1400.8612. The license holder may appeal an order suspending or 
7.11 	revoking a license. The appeal of an order suspending or revoking a license must be made 
7.12 	in writing by certified mail or personal service. If mailed, the appeal must be postmarked 
7.13 	and sent to the commissioner within ten calendar days after the license holder receives 
7.14 	notice that the license has been suspended or revoked. If a request is made by personal 
7.15 	service, it must be received by the commissioner within ten calendar days after the license 
7.16 	holder received the order. Except as provided in subdivision 2a, paragraph (c), a timely 
7.17 	appeal of an order suspending or revoking a license shall stay the suspension or revocation 
7.18 	until the commissioner issues a final order.
7.19 	(c)(1) If the license holder was ordered to pay a fine, the notice must inform the 
7.20 	license holder of the responsibility for payment of fines and the right to a contested case 
7.21 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal 
7.22 	of an order to pay a fine must be made in writing by certified mail or personal service. If 
7.23 	mailed, the appeal must be postmarked and sent to the commissioner within ten calendar 
7.24 	days after the license holder receives notice that the fine has been ordered. If a request is 
7.25 	made by personal service, it must be received by the commissioner within ten calendar 
7.26 	days after the license holder received the order.
7.27 	(2) The license holder shall pay the fines assessed on or before the payment date 
7.28 	specified. If the license holder fails to fully comply with the order, the commissioner 
7.29 	may issue a second fine or suspend the license until the license holder complies. If the 
7.30 	license holder receives state funds, the state, county, or municipal agencies or departments 
7.31 	responsible for administering the funds shall withhold payments and recover any payments 
7.32 	made while the license is suspended for failure to pay a fine. A timely appeal shall stay 
7.33 	payment of the fine until the commissioner issues a final order.
7.34 	(3) A license holder shall promptly notify the commissioner of human services, 
7.35 	in writing, when a violation specified in the order to forfeit a fine is corrected. If upon 
7.36 	reinspection the commissioner determines that a violation has not been corrected as 
8.1 	indicated by the order to forfeit a fine, the commissioner may issue a second fine. The 
8.2 	commissioner shall notify the license holder by certified mail or personal service that a 
8.3 	second fine has been assessed. The license holder may appeal the second fine as provided 
8.4 	under this subdivision.
8.5 	(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for each 
8.6 	determination of maltreatment of a child under section 626.556 or the maltreatment of 
8.7 	a vulnerable adult under section 626.557; the license holder shall forfeit $200 for each 
8.8 	occurrence of a violation of law or rule governing matters of health, safety, or supervision, 
8.9 	including but not limited to the provision of adequate staff-to-child or adult ratios, and 
8.10 	failure to submit a background study; and the license holder shall forfeit $100 for each 
8.11 	occurrence of a violation of law or rule other than those subject to a $1,000 or $200 fine 
8.12 	above. For purposes of this section, "occurrence" means each violation identified in the 
8.13 	commissioner's fine order.
8.14 	(5) When a fine has been assessed, the license holder may not avoid payment by 
8.15 	closing, selling, or otherwise transferring the licensed program to a third party. In such an 
8.16 	event, the license holder will be personally liable for payment. In the case of a corporation, 
8.17 	each controlling individual is personally and jointly liable for payment.

8.18 	Sec. 8. Minnesota Statutes 2006, section 245A.07, is amended by adding a subdivision 
8.19 	to read:
8.20 		Subd. 6.Appeal of multiple sanctions. (a) When the license holder appeals more 
8.21 	than one licensing action or sanction that were simultaneously issued by the commissioner, 
8.22 	the license holder shall specify the actions or sanctions that are being appealed.
8.23 	(b) If there are different timelines prescribed in statutes for the licensing actions or 
8.24 	sanctions being appealed, the license holder must submit the appeal within the longest of 
8.25 	those timelines specified in statutes.
8.26 	(c) The appeal must be made in writing by certified mail or personal service. If 
8.27 	mailed, the appeal must be postmarked and sent to the commissioner within the prescribed 
8.28 	timeline with the first day beginning the day after the license holder receives the certified 
8.29 	letter. If a request is made by personal service, it must be received by the commissioner 
8.30 	within the prescribed timeline with the first day beginning the day after the license holder 
8.31 	receives the certified letter.
8.32 	(d) When there are different timelines prescribed in statutes for the appeal 
8.33 	of licensing actions or sanctions simultaneously issued by the commissioner, the 
8.34 	commissioner shall specify in the notice to the license holder the timeline for appeal 
8.35 	as specified under paragraph (b).

9.1 	Sec. 9. Minnesota Statutes 2006, section 245A.08, subdivision 2a, is amended to read:
9.2 		Subd. 2a.Consolidated contested case hearings. (a) When a denial of a license 
9.3 	under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is 
9.4 	based on a disqualification for which reconsideration was requested and which was not 
9.5 	set aside under section 245C.22, the scope of the contested case hearing shall include 
9.6 	the disqualification and the licensing sanction or denial of a license, unless otherwise 
9.7 	specified in this subdivision. When the licensing sanction or denial of a license is based on 
9.8 	a determination of maltreatment under section 626.556 or 626.557, or a disqualification 
9.9 	for serious or recurring maltreatment which was not set aside, the scope of the contested 
9.10 	case hearing shall include the maltreatment determination, disqualification, and the 
9.11 	licensing sanction or denial of a license, unless otherwise specified in this subdivision. 
9.12 	In such cases, a fair hearing under section 256.045 shall not be conducted as provided 
9.13 	for in sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d. When a 
9.14 	fine is based on a determination that the license holder is responsible for maltreatment 
9.15 	and the fine is issued at the same time as the maltreatment determination, if the license 
9.16 	holder appeals the maltreatment and fine, the scope of the contested case hearing shall 
9.17 	include the maltreatment determination and fine and reconsideration of the maltreatment 
9.18 	determination shall not be conducted as provided for in sections 626.556, subdivision 
9.19 	10i, and 626.557, subdivision 9d.
9.20 	(b) Except for family child care and child foster care, reconsideration of a 
9.21 	maltreatment determination under sections 626.556, subdivision 10i, and 626.557, 
9.22 	subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall 
9.23 	not be conducted when:
9.24 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
9.25 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
9.26 	or the disqualification of a license holder is based on serious or recurring maltreatment;
9.27 	(2) the denial of a license or licensing sanction is issued at the same time as the 
9.28 	maltreatment determination or disqualification; and
9.29 	(3) the license holder appeals the maltreatment determination or disqualification, 
9.30 	and denial of a license or licensing sanction. In these cases, a fair hearing shall not be 
9.31 	conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 
9.32 	9d. The scope of the contested case hearing must include the maltreatment determination, 
9.33 	disqualification, and denial of a license or licensing sanction.
9.34 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
9.35 	determination or disqualification, but does not appeal the denial of a license or a licensing 
9.36 	sanction, reconsideration of the maltreatment determination shall be conducted under 
10.1 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
10.2 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
10.3 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
10.4 	10i, and 626.557, subdivision 9d.
10.5 	(c) In consolidated contested case hearings regarding sanctions issued in family child 
10.6 	care, child foster care, family adult day services, and adult foster care, the county attorney 
10.7 	shall defend the commissioner's orders in accordance with section 245A.16, subdivision 4.
10.8 	(c) (d) The commissioner's final order under subdivision 5 is the final agency action 
10.9 	on the issue of maltreatment and disqualification, including for purposes of subsequent 
10.10 	background studies under chapter 245C and is the only administrative appeal of the final 
10.11 	agency determination, specifically, including a challenge to the accuracy and completeness 
10.12 	of data under section 13.04.
10.13 	(d) (e) When consolidated hearings under this subdivision involve a licensing 
10.14 	sanction based on a previous maltreatment determination for which the commissioner 
10.15 	has issued a final order in an appeal of that determination under section 256.045, or the 
10.16 	individual failed to exercise the right to appeal the previous maltreatment determination 
10.17 	under section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's 
10.18 	order is conclusive on the issue of maltreatment. In such cases, the scope of the 
10.19 	administrative law judge's review shall be limited to the disqualification and the licensing 
10.20 	sanction or denial of a license. In the case of a denial of a license or a licensing sanction 
10.21 	issued to a facility based on a maltreatment determination regarding an individual who is 
10.22 	not the license holder or a household member, the scope of the administrative law judge's 
10.23 	review includes the maltreatment determination.
10.24 	(e) (f) The hearings of all parties may be consolidated into a single contested case 
10.25 	hearing upon consent of all parties and the administrative law judge, if:
10.26 	(1) a maltreatment determination or disqualification, which was not set aside under 
10.27 	section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing 
10.28 	sanction under section 245A.07, and;
10.29 	(2) the disqualified subject is an individual other than the license holder and upon 
10.30 	whom a background study must be conducted under section 245C.03, the hearings of 
10.31 	all parties may be consolidated into a single contested case hearing upon consent of all 
10.32 	parties and the administrative law judge.; and
10.33 	(3) the individual has a hearing right under section 245C.27.
10.34 	(f) Notwithstanding section 245C.27, subdivision 1, paragraph (c), (g) When a denial 
10.35 	of a license under section 245A.05 or a licensing sanction under section 245A.07 is based 
10.36 	on a disqualification for which reconsideration was requested and was not set aside under 
11.1 	section 245C.22, and the disqualification was based on a conviction or an admission to any 
11.2 	crimes listed in section 245C.15 individual otherwise has no hearing right under section 
11.3 	245C.27, the scope of the administrative law judge's review shall include the denial or 
11.4 	sanction and a determination whether the disqualification should be set aside, unless 
11.5 	section 245C.24 prohibits the set-aside of the disqualification. In determining whether the 
11.6 	disqualification should be set aside, the administrative law judge shall consider the factors 
11.7 	under section 245C.22, subdivision 4, to determine whether the individual poses a risk of 
11.8 	harm to any person receiving services from the license holder.
11.9 	(g) (h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction 
11.10 	under section 245A.07 is based on the termination of a variance under section 245C.30, 
11.11 	subdivision 4, the scope of the administrative law judge's review shall include the sanction 
11.12 	and a determination whether the disqualification should be set aside, unless section 
11.13 	245C.24 prohibits the set-aside of the disqualification. In determining whether the 
11.14 	disqualification should be set aside, the administrative law judge shall consider the factors 
11.15 	under section 245C.22, subdivision 4, to determine whether the individual poses a risk of 
11.16 	harm to any person receiving services from the license holder.

11.17 	Sec. 10. Minnesota Statutes 2006, section 245A.14, subdivision 8, is amended to read:
11.18 		Subd. 8.Experienced aides; child care centers. (a) An individual employed as an 
11.19 	aide at a child care center may work with children without being directly supervised for an 
11.20 	amount of time that does not exceed 25 percent of the child care center's daily hours if:
11.21 	(1) a teacher is in the facility;
11.22 	(2) the individual has received within the last three years first aid training within 
11.23 	the last three years that meets the requirements under section 245A.40, subdivision 3,
11.24 	and CPR training within the last two years that meets the requirements under section 
11.25 	245A.40, subdivision 4;
11.26 	(3) the individual is at least 20 years old; and
11.27 	(4) the individual has at least 4,160 hours of child care experience as a staff member 
11.28 	in a licensed child care center or as the license holder of a family day care home, 120 days 
11.29 	of which must be in the employment of the current company.
11.30 	(b) A child care center that uses experienced aides under this subdivision must notify 
11.31 	parents or guardians by posting the notification in each classroom that uses experienced 
11.32 	aides, identifying which staff member is the experienced aide. Records of experienced 
11.33 	aide usage must be kept on-site and given to the commissioner upon request.
11.34 	(c) A child care center may not use the experienced aide provision for one year 
11.35 	following two determined experienced aide violations within a one-year period.
12.1 	(d) A child care center may use one experienced aide per every four full-time child 
12.2 	care classroom staff.

12.3 	Sec. 11. [245A.1435] REDUCTION OF RISK OF SUDDEN INFANT DEATH 
12.4 	SYNDROME IN LICENSED PROGRAMS.
12.5 	When a license holder is placing an infant to sleep, the license holder must place the 
12.6 	infant on the infant's back, unless the license holder has documentation from the infant's 
12.7 	physician directing an alternative sleeping position for the infant, and must place the infant 
12.8 	in a crib with a firm mattress. The license holder must not place pillows, quilts, comforters, 
12.9 	sheepskin, pillow-like stuffed toys, or other soft products in the crib with the infant. 
12.10 	Licensed child care providers must meet the crib requirements under section 245A.146.

12.11 	Sec. 12. Minnesota Statutes 2006, section 245A.144, is amended to read:
12.12 	245A.144 SUDDEN INFANT DEATH AND SHAKEN BABY SYNDROME
12.13 	FOR CHILD FOSTER CARE PROVIDERS.
12.14 	(a) License holdersLicensed child foster care providers that care for infants must 
12.15 	document that before staff persons, and caregivers, and helpers assist in the care of infants, 
12.16 	they are instructed on the standards in section 245A.1435 and receive training on reducing 
12.17 	the risk of sudden infant death syndrome and shaken baby syndrome. This section does not 
12.18 	apply to emergency relative foster care under section 245A.035. The training on reducing 
12.19 	the risk of sudden infant death syndrome and shaken baby syndrome may be provided as:
12.20 	(1) orientation training to child care center staff under Minnesota Rules, part 
12.21 	9503.0035, subpart 1, and to child foster care providers, who care for infants, under 
12.22 	Minnesota Rules, part 2960.3070, subpart 1; or
12.23 	(2) initial training to family and group family child care providers under Minnesota 
12.24 	Rules, part 9502.0385, subpart 2;
12.25 	(3)(2) in-service training to child care center staff under Minnesota Rules, part 
12.26 	9503.0035, subpart 4, and to child foster care providers, who care for infants, under 
12.27 	Minnesota Rules, part 2960.3070, subpart 2; or.
12.28 	(4) ongoing training to family and group family child care providers under 
12.29 	Minnesota Rules, part 9502.0385, subpart 3.
12.30 	(b) Training required under this section must be at least one hour in length and must 
12.31 	be completed at least once every five years. At a minimum, the training must address the 
12.32 	risk factors related to sudden infant death syndrome and shaken baby syndrome, means of 
12.33 	reducing the risk of sudden infant death syndrome and shaken baby syndrome in child 
13.1 	care, and license holder communication with parents regarding reducing the risk of sudden 
13.2 	infant death syndrome and shaken baby syndrome.
13.3 	(c) Training for family and group family child care providers must be approved by 
13.4 	the county licensing agency according to Minnesota Rules, part 9502.0385.
13.5 	(d)(c) Training for child foster care providers must be approved by the county 
13.6 	licensing agency and fulfills, in part, training required under Minnesota Rules, part 
13.7 	2960.3070.

13.8 	Sec. 13. [245A.1444] TRAINING ON RISK OF SUDDEN INFANT DEATH 
13.9 	SYNDROME AND SHAKEN BABY SYNDROME BY OTHER PROGRAMS.
13.10 	A licensed chemical dependency treatment program that serves clients with infants 
13.11 	who sleep at the program and a licensed children's residential facility that serves infants 
13.12 	must document that before program staff persons or volunteers assist in the care of infants, 
13.13 	they are instructed on the standards in section 245A.1435 and they receive training on 
13.14 	reducing the risk of sudden infant death syndrome and shaken baby syndrome. The 
13.15 	training conducted under this section may be used to fulfill training requirements under 
13.16 	Minnesota Rules, parts 2960.0100, subpart 3; and 9530.6490, subpart 4, item B.
13.17 	This section does not apply to child care centers or family child care programs 
13.18 	governed by sections 245A.40 and 245A.50.

13.19 	Sec. 14. Minnesota Statutes 2006, section 245A.1445, is amended to read:
13.20 	245A.1445 DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN.
13.21 	The commissioner shall make available for viewing by all licensed and legal 
13.22 	nonlicensed child care providers a video presentation on the dangers associated with 
13.23 	shaking infants and young children. The video presentation shall be part of the initial and 
13.24 	annual training of licensed child care providers. Legal nonlicensed child care providers 
13.25 	may participate at their option in a video presentation session offered under this section. 
13.26 	The commissioner shall provide to child care providers and interested individuals, at cost, 
13.27 	copies of a video approved by the commissioner of health under section 144.574 on the 
13.28 	dangers associated with shaking infants and young children.

13.29 	Sec. 15. Minnesota Statutes 2006, section 245A.145, subdivision 1, is amended to read:
13.30 		Subdivision 1.Policies and procedures. (a) All licensed child care providers must 
13.31 	develop policies and procedures for reporting suspected child maltreatment that fulfill the 
13.32 	requirements in section 626.556 and must develop policies and procedures for reporting 
13.33 	complaints about the operation of a child care program. The policies and procedures must 
14.1 	include the telephone numbers of the local county child protection agency for reporting 
14.2 	suspected maltreatment; the county licensing agency for family and group family child 
14.3 	care providers; and the state licensing agency for child care centers for reporting other 
14.4 	concerns. 
14.5 	(b) The policies and procedures required in paragraph (a) must:
14.6 	(1) be provided to the parents of all children at the time of enrollment in the child 
14.7 	care program; and
14.8 	(2) be made available upon request.

14.9 	Sec. 16. Minnesota Statutes 2006, section 245A.18, subdivision 2, is amended to read:
14.10 		Subd. 2.Child passenger restraint systems; training requirement. (a) Family 
14.11 	and group family child care, child care centers, child foster care, and other Programs 
14.12 	licensed by the Department of Human Services under Minnesota Rules, chapter 2960, that 
14.13 	serve a child or children under nine years of age must document training that fulfills the 
14.14 	requirements in this subdivision.
14.15 	(b) Before a license holder, staff person, or caregiver, or helper transports a child 
14.16 	or children under age nine in a motor vehicle, the person transporting the child must 
14.17 	satisfactorily complete training on the proper use and installation of child restraint systems 
14.18 	in motor vehicles. Training completed under this section may be used to meet initial 
14.19 	or ongoing training under the following:
14.20 	(1) Minnesota Rules, part 2960.3070, subparts 1 and 2;.
14.21 	(2) Minnesota Rules, part 9502.0385, subparts 2 and 3; and
14.22 	(3) Minnesota Rules, part 9503.0035, subparts 1 and 4.
14.23 	For all providers licensed prior to July 1, 2006, the training required in this subdivision 
14.24 	must be obtained by December 31, 2007.
14.25 	(c) Training required under this section must be at least one hour in length, 
14.26 	completed at orientation or initial training, and repeated at least once every five years. At 
14.27 	a minimum, the training must address the proper use of child restraint systems based on 
14.28 	the child's size, weight, and age, and the proper installation of a car seat or booster seat in 
14.29 	the motor vehicle used by the license holder to transport the child or children.
14.30 	(d) Training under paragraph (c) must be provided by individuals who are certified 
14.31 	and approved by the Department of Public Safety, Office of Traffic Safety. License holders 
14.32 	may obtain a list of certified and approved trainers through the Department of Public 
14.33 	Safety Web site or by contacting the agency.
15.1 	(e) Child care providers that only transport school age children as defined in section 
15.2 	245A.02, subdivision 16, in school buses as defined in section 169.01, subdivision 6, 
15.3 	clauses (1) to (4), are exempt from this subdivision.

15.4 	Sec. 17. [245A.40] CHILD CARE CENTER TRAINING REQUIREMENTS.
15.5 		Subdivision 1.Orientation. The child care center license holder must ensure that 
15.6 	every staff person and volunteer is given orientation training and successfully completes 
15.7 	the training before starting assigned duties. The orientation training in this subdivision 
15.8 	applies to volunteers who will have direct contact with or access to children and who are 
15.9 	not under the direct supervision of a staff person. Completion of the orientation must be 
15.10 	documented in the individual's personnel record. The orientation training must include 
15.11 	information about:
15.12 	(1) the center's philosophy, child care program, and procedures for maintaining 
15.13 	health and safety and handling emergencies and accidents;
15.14 	(2) specific job responsibilities;
15.15 	(3) the behavior guidance standards in Minnesota Rules, part 9503.0055; and
15.16 	(4) the reporting responsibilities in section 626.556, and Minnesota Rules, part 
15.17 	9503.0130.
15.18 		Subd. 2.Child growth and development training. (a) For purposes of child care 
15.19 	centers, the director and all staff hired after July 1, 2006, shall complete and document 
15.20 	at least two hours of child growth and development training within the first year of 
15.21 	employment. For purposes of this subdivision, "child growth and development training" 
15.22 	means training in understanding how children acquire language and develop physically, 
15.23 	cognitively, emotionally, and socially. Training completed under this subdivision may be 
15.24 	used to meet the orientation training requirements under subdivision 1 and the in-service 
15.25 	training requirements under subdivision 7.
15.26 	(b) Notwithstanding paragraph (a), individuals are exempt from this requirement if 
15.27 	they:
15.28 	(1) have taken a three-credit college course on early childhood development within 
15.29 	the past five years;
15.30 	(2) have received a baccalaureate or master's degree in early childhood education or 
15.31 	school-age child care within the past five years;
15.32 	(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood 
15.33 	educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an 
15.34 	early childhood special education teacher, or an elementary teacher with a kindergarten 
15.35 	endorsement; or
16.1 	(4) have received a baccalaureate degree with a Montessori certificate within the 
16.2 	past five years.
16.3 		Subd. 3.First aid. All teachers and assistant teachers in a child care center 
16.4 	governed by Minnesota Rules, parts 9503.0005 to 9503.0170, and at least one staff person 
16.5 	during field trips and when transporting children in care, must satisfactorily complete first 
16.6 	aid training within 90 days of the start of work, unless the training has been completed 
16.7 	within the previous three years. The first aid training must be repeated at least every three 
16.8 	years, documented in the person's personnel record and indicated on the center's staffing 
16.9 	chart, and provided by an individual approved as a first aid instructor. This training may 
16.10 	be less than eight hours.
16.11 		Subd. 4.Cardiopulmonary resuscitation. (a) When children are present in a child 
16.12 	care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, at least one staff 
16.13 	person must be present in the center who has been trained in cardiopulmonary resuscitation 
16.14 	(CPR) and in the treatment of obstructed airways. The CPR training must have been 
16.15 	provided by an individual approved to provide CPR instruction, must be repeated at least 
16.16 	once every three years, and must be documented in the staff person's records.
16.17 	(b) Cardiopulmonary resuscitation training may be provided for less than four hours.
16.18 	(c) Persons qualified to provide cardiopulmonary resuscitation training shall include 
16.19 	individuals approved as cardiopulmonary resuscitation instructors.
16.20 		Subd. 5.Sudden infant death syndrome and shaken baby syndrome training.
 16.21 	(a) License holders must document that before staff persons care for infants, they are 
16.22 	instructed on the standards in section 245A.1435 and receive training on reducing the 
16.23 	risk of sudden infant death syndrome and shaken baby syndrome. The training in this 
16.24 	subdivision may be provided as orientation training under subdivision 1 and in-service 
16.25 	training under subdivision 7.
16.26 	(b) Training required under this subdivision must be at least one hour in length and 
16.27 	must be completed at least once every five years. At a minimum, the training must address 
16.28 	the risk factors related to sudden infant death syndrome and shaken baby syndrome, 
16.29 	means of reducing the risk of sudden infant death syndrome and shaken baby syndrome in 
16.30 	child care, and license holder communication with parents regarding reducing the risk of 
16.31 	sudden infant death syndrome and shaken baby syndrome.
16.32 	(c) The commissioner shall make available for viewing a video presentation on the 
16.33 	dangers associated with shaking infants and young children. The video presentation must 
16.34 	be part of the orientation and annual in-service training of licensed child care centers. The 
16.35 	commissioner shall provide to child care providers and interested individuals, at cost, 
17.1 	copies of a video approved by the commissioner of health under section 144.574 on the 
17.2 	dangers associated with shaking infants and young children.
17.3 		Subd. 6.Child passenger restraint systems; training requirement. (a) A license 
17.4 	holder must comply with all seat belt and child passenger restraint system requirements 
17.5 	under section 169.685.
17.6 	(b) Child care centers that serve a child or children under nine years of age must 
17.7 	document training that fulfills the requirements in this subdivision.
17.8 	(1) Before a license holder transports a child or children under age nine in a motor 
17.9 	vehicle, the person placing the child or children in a passenger restraint must satisfactorily 
17.10 	complete training on the proper use and installation of child restraint systems in motor 
17.11 	vehicles. Training completed under this subdivision may be used to meet orientation 
17.12 	training under subdivision 1 and in-service training under subdivision 7.
17.13 	(2) Training required under this subdivision must be at least one hour in length, 
17.14 	completed at orientation, and repeated at least once every five years. At a minimum, the 
17.15 	training must address the proper use of child restraint systems based on the child's size, 
17.16 	weight, and age, and the proper installation of a car seat or booster seat in the motor 
17.17 	vehicle used by the license holder to transport the child or children.
17.18 	(3) Training required under this subdivision must be provided by individuals 
17.19 	who are certified and approved by the Department of Public Safety, Office of Traffic 
17.20 	Safety. License holders may obtain a list of certified and approved trainers through the 
17.21 	Department of Public Safety Web site or by contacting the agency.
17.22 	(4) Child care providers that only transport school-age children as defined in section 
17.23 	245A.02, subdivision 16, in child care buses as defined in section 169.448, subdivision 1, 
17.24 	paragraph (e), are exempt from this subdivision.
17.25 		Subd. 7.In-service. (a) A license holder must ensure that an annual in-service 
17.26 	training plan is developed and carried out and that it meets the requirements in clauses (1) 
17.27 	to (7). The in-service training plan must:
17.28 	(1) be consistent with the center's child care program plan;
17.29 	(2) meet the training needs of individual staff persons as specified in each staff 
17.30 	person's annual evaluation report;
17.31 	(3) provide training, at least one-fourth of which is by a resource not affiliated 
17.32 	with the license holder;
17.33 	(4) include Minnesota Rules, parts 9503.0005 to 9503.0170, relevant to the staff 
17.34 	person's position and must occur within two weeks of initial employment;
17.35 	(5) provide that at least one-half of the annual in-service training completed by a staff 
17.36 	person each year pertains to the age of children for which the person is providing care;
18.1 	(6) provide that no more than four hours of each annual in-service training 
18.2 	requirement relate to administration, finances, and records training for a teacher, assistant 
18.3 	teacher, or aide; and
18.4 	(7) provide that the remainder of the in-service training requirement be met by 
18.5 	participation in training in child growth and development; learning environment and 
18.6 	curriculum; assessment and planning for individual needs; interactions with children; 
18.7 	families and communities; health, safety, and nutrition; and program planning and 
18.8 	evaluation.
18.9 	(b) For purposes of this subdivision, the following terms have the meanings given 
18.10 	them.
18.11 	(1) "Child growth and development training" has the meaning given it in subdivision 
18.12 	2, paragraph (a).
18.13 	(2) "Learning environment and curriculum" means training in establishing an 
18.14 	environment that provides learning experiences to meet each child's needs, capabilities, 
18.15 	and interests, including early childhood education methods or theory, recreation, sports, 
18.16 	promoting creativity in the arts, arts and crafts methods or theory, and early childhood 
18.17 	special education methods or theory.
18.18 	(3) "Assessment and planning for individual needs" means training in observing and 
18.19 	assessing what children know and can do in order to provide curriculum and instruction 
18.20 	that addresses their developmental and learning needs, including children with special 
18.21 	needs.
18.22 	(4) "Interactions with children" means training in establishing supportive 
18.23 	relationships with children and guiding them as individuals and as part of a group, 
18.24 	including child study techniques and behavior guidance.
18.25 	(5) "Families and communities" means training in working collaboratively with 
18.26 	families, agencies, and organizations to meet children's needs and to encourage the 
18.27 	community's involvement, including family studies and parent involvement.
18.28 	(6) "Health, safety, and nutrition" means training in establishing and maintaining an 
18.29 	environment that ensures children's health, safety, and nourishment, including first aid, 
18.30 	cardiopulmonary resuscitation, child nutrition, and child abuse and neglect prevention.
18.31 	(7) "Program planning and evaluation" means training in establishing, implementing, 
18.32 	evaluating, and enhancing program operations.
18.33 	(c) The director and all program staff persons must annually complete a number of 
18.34 	hours of in-service training equal to at least two percent of the hours for which the director 
18.35 	or program staff person is annually paid, unless one of the following is applicable.
19.1 	(1) A teacher at a child care center must complete one percent of working hours of 
19.2 	in-service training annually if the teacher:
19.3 	(i) possesses a baccalaureate or master's degree in early childhood education or 
19.4 	school-age care;
19.5 	(ii) is licensed in Minnesota as a prekindergarten teacher, an early childhood 
19.6 	educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an 
19.7 	early childhood special education teacher, or an elementary teacher with a kindergarten 
19.8 	endorsement; or
19.9 	(iii) possesses a baccalaureate degree with a Montessori certificate.
19.10 	(2) A teacher or assistant teacher at a child care center must complete one and 
19.11 	one-half percent of working hours of in-service training annually if the individual is:
19.12 	(i) a registered nurse or licensed practical nurse with experience working with 
19.13 	infants;
19.14 	(ii) possesses a Montessori certificate, a technical college certificate in early 
19.15 	childhood development, or a child development associate certificate; or
19.16 	(iii) possesses an associate of arts degree in early childhood education, a 
19.17 	baccalaureate degree in child development, or a technical college diploma in early 
19.18 	childhood development.
19.19 	(d) The number of required training hours may be prorated for individuals not 
19.20 	employed full time or for an entire year.
19.21 	(e) The annual in-service training must be completed within the calendar year for 
19.22 	which it was required. In-service training completed by staff persons is transferable upon 
19.23 	a staff person's change in employment to another child care program.
19.24 	(f) The license holder must ensure that, when a staff person completes in-service 
19.25 	training, the training is documented in the staff person's personnel record. The 
19.26 	documentation must include the date training was completed, the goal of the training and 
19.27 	topics covered, trainer's name and organizational affiliation, trainer's signed statement that 
19.28 	training was successfully completed, and the director's approval of the training.
19.29 		Subd. 8.Cultural dynamics and disabilities training for child care providers.
 19.30 	(a) The training required of licensed child care center staff must include training in the 
19.31 	cultural dynamics of early childhood development and child care. The cultural dynamics 
19.32 	and disabilities training and skills development of child care providers must be designed 
19.33 	to achieve outcomes for providers of child care that include, but are not limited to:
19.34 	(1) an understanding and support of the importance of culture and differences in 
19.35 	ability in children's identity development;
20.1 	(2) understanding the importance of awareness of cultural differences and 
20.2 	similarities in working with children and their families;
20.3 	(3) understanding and support of the needs of families and children with differences 
20.4 	in ability;
20.5 	(4) developing skills to help children develop unbiased attitudes about cultural 
20.6 	differences and differences in ability;
20.7 	(5) developing skills in culturally appropriate caregiving; and
20.8 	(6) developing skills in appropriate caregiving for children of different abilities.
20.9 	(b) Curriculum for cultural dynamics and disability training shall be approved by 
20.10 	the commissioner.
20.11 	(c) The commissioner shall amend current rules relating to the training of the 
20.12 	licensed child care center staff to require cultural dynamics training. Timelines established 
20.13 	in the rule amendments for complying with the cultural dynamics training requirements 
20.14 	must be based on the commissioner's determination that curriculum materials and trainers 
20.15 	are available statewide.
20.16 	(d) For programs caring for children with special needs, the license holder shall 
20.17 	ensure that any additional staff training required by the child's individual child care 
20.18 	program plan required under Minnesota Rules, part 9503.0065, subpart 3, is provided.

20.19 	Sec. 18. [245A.50] FAMILY CHILD CARE TRAINING REQUIREMENTS.
20.20 		Subdivision 1.Initial training. (a) License holders, caregivers, and substitutes must 
20.21 	comply with the training requirements in this section.
20.22 	(b) Helpers who assist with care on a regular basis must complete six hours of 
20.23 	training within one year after the date of initial employment.
20.24 		Subd. 2.Child growth and development training. (a) For purposes of family and 
20.25 	group family child care, the license holder and each adult caregiver who provides care 
20.26 	in the licensed setting for more than 30 days in any 12-month period shall complete and 
20.27 	document at least two hours of child growth and development training within the first year 
20.28 	of licensure. For purposes of this subdivision, "child growth and development training" 
20.29 	means training in understanding how children acquire language and develop physically, 
20.30 	cognitively, emotionally, and socially.
20.31 	(b) Notwithstanding paragraph (a), individuals are exempt from this requirement if 
20.32 	they:
20.33 	(1) have taken a three-credit course on early childhood development within the 
20.34 	past five years;
21.1 	(2) have received a baccalaureate or masters degree in early childhood education or 
21.2 	school age child care within the past five years;
21.3 	(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood 
21.4 	educator, a kindergarten to grade 6 teacher with a prekindergarten specialty, an early 
21.5 	childhood special education teacher, or an elementary teacher with a kindergarten 
21.6 	endorsement; or
21.7 	(4) have received a baccalaureate degree with a Montessori certificate within the 
21.8 	past five years.
21.9 		Subd. 3.First aid. (a) When children are present in a family child care home 
21.10 	governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person 
21.11 	must be present in the home who has been trained in first aid. The first aid training must 
21.12 	have been provided by an individual approved to provide first aid instruction. First aid 
21.13 	training may be less than eight hours and persons qualified to provide first aid training 
21.14 	includes individuals approved as first aid instructors.
21.15 	(b) A family child care provider is exempt from the first aid training requirements 
21.16 	under this subdivision related to any substitute caregiver who provides less than 30 hours 
21.17 	of care during any 12-month period.
21.18 	(c) Video training reviewed and approved by the county licensing agency satisfies 
21.19 	the training requirement of this subdivision.
21.20 		Subd. 4.Cardiopulmonary resuscitation. (a) When children are present in a family 
21.21 	child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least 
21.22 	one staff person must be present in the home who has been trained in cardiopulmonary 
21.23 	resuscitation (CPR) and in the treatment of obstructed airways. The CPR training must 
21.24 	have been provided by an individual approved to provide CPR instruction, must be 
21.25 	repeated at least once every three years, and must be documented in the staff person's 
21.26 	records.
21.27 	(b) A family child care provider is exempt from the CPR training requirement in 
21.28 	this subdivision related to any substitute caregiver who provides less than 30 hours of 
21.29 	care during any 12-month period.
21.30 	(c) Video training reviewed and approved by the county licensing agency satisfies 
21.31 	the training requirement of this subdivision.
21.32 		Subd. 5.Sudden infant death syndrome and shaken baby syndrome training.
 21.33 	(a) License holders must document that before staff persons, caregivers, and helpers 
21.34 	assist in the care of infants, they are instructed on the standards in section 245A.1435 and 
21.35 	receive training on reducing the risk of sudden infant death syndrome and shaken baby 
22.1 	syndrome. The training in this subdivision may be provided as initial training under 
22.2 	subdivision 1 or ongoing training under subdivision 7.
22.3 	(b) Training required under this subdivision must be at least one hour in length and 
22.4 	must be completed at least once every five years. At a minimum, the training must address 
22.5 	the risk factors related to sudden infant death syndrome and shaken baby syndrome, 
22.6 	means of reducing the risk of sudden infant death syndrome and shaken baby syndrome in 
22.7 	child care, and license holder communication with parents regarding reducing the risk of 
22.8 	sudden infant death syndrome and shaken baby syndrome.
22.9 	(c) Training for family and group family child care providers must be approved 
22.10 	by the county licensing agency.
22.11 	(d) The commissioner shall make available for viewing by all licensed child care 
22.12 	providers a video presentation on the dangers associated with shaking infants and young 
22.13 	children. The video presentation shall be part of the initial and ongoing training of 
22.14 	licensed child care providers. The commissioner shall provide to child care providers and 
22.15 	interested individuals, at cost, copies of a video approved by the commissioner of health 
22.16 	under section 144.574 on the dangers associated with shaking infants and young children.
22.17 		Subd. 6.Child passenger restraint systems; training requirement. (a) A license 
22.18 	holder must comply with all seat belt and child passenger restraint system requirements 
22.19 	under section 169.685.
22.20 	(b) Family and group family child care programs licensed by the Department of 
22.21 	Human Services that serve a child or children under nine years of age must document 
22.22 	training that fulfills the requirements in this subdivision.
22.23 	(1) Before a license holder, staff person, caregiver, or helper transports a child or 
22.24 	children under age nine in a motor vehicle, the person placing the child or children in a 
22.25 	passenger restraint must satisfactorily complete training on the proper use and installation 
22.26 	of child restraint systems in motor vehicles. Training completed under this subdivision 
22.27 	may be used to meet initial training under subdivision 1, or ongoing training under 
22.28 	subdivision 7.
22.29 	(2) Training required under this subdivision must be at least one hour in length, 
22.30 	completed at initial training, and repeated at least once every five years. At a minimum, 
22.31 	the training must address the proper use of child restraint systems based on the child's 
22.32 	size, weight, and age, and the proper installation of a car seat or booster seat in the motor 
22.33 	vehicle used by the license holder to transport the child or children.
22.34 	(3) Training under this subdivision must be provided by individuals who are certified 
22.35 	and approved by the Department of Public Safety, Office of Traffic Safety. License holders 
23.1 	may obtain a list of certified and approved trainers through the Department of Public 
23.2 	Safety Web site or by contacting the agency.
23.3 	(c) Child care providers that only transport school age children as defined in section 
23.4 	245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448, 
23.5 	subdivision 1, paragraph (e), are exempt from this subdivision.
23.6 		Subd. 7.Training requirements for family and group family child care.
 23.7 	For purposes of family and group family child care, the license holder and each 
23.8 	primary caregiver must complete eight hours of training each year. For purposes of 
23.9 	this subdivision, a primary caregiver is an adult caregiver who provides services in the 
23.10 	licensed setting for more than 30 days in any 12-month period. Ongoing training subjects 
23.11 	must be selected from the following areas:
23.12 	(1) "child growth and development training" has the meaning given in subdivision 2, 
23.13 	paragraph (a);
23.14 	(2) "learning environment and curriculum" includes training in establishing an 
23.15 	environment and providing activities that provide learning experiences to meet each 
23.16 	child's needs, capabilities, and interests;
23.17 	(3) "assessment and planning for individual needs" includes training in observing and 
23.18 	assessing what children know and can do in order to provide curriculum and instruction 
23.19 	that addresses their developmental and learning needs, including children with special 
23.20 	needs and bilingual children or children for whom English is not their primary language;
23.21 	(4) "interactions with children" includes training in establishing supportive 
23.22 	relationships with children, guiding them as individuals and as part of a group;
23.23 	(5) "families and communities" includes training in working collaboratively with 
23.24 	families and agencies or organizations to meet children's needs and to encourage the 
23.25 	community's involvement;
23.26 	(6) "health, safety, and nutrition" includes training in establishing and maintaining an 
23.27 	environment that ensures children's health, safety, and nourishment, including child abuse, 
23.28 	maltreatment, prevention, and reporting; home and fire safety; child injury prevention; 
23.29 	communicable disease prevention and control; First Aid; and CPR; and
23.30 	(7) "program planning and evaluation" includes training in establishing, 
23.31 	implementing, evaluating, and enhancing program operations.
23.32 		Subd. 8.Other required training requirements. (a) The training required of 
23.33 	family and group family child care providers and staff must include training in the cultural 
23.34 	dynamics of early childhood development and child care. The cultural dynamics and 
23.35 	disabilities training and skills development of child care providers must be designed to 
23.36 	achieve outcomes for providers of child care that include, but are not limited to:
24.1 	(1) an understanding and support of the importance of culture and differences in 
24.2 	ability in children's identity development;
24.3 	(2) understanding the importance of awareness of cultural differences and 
24.4 	similarities in working with children and their families;
24.5 	(3) understanding and support of the needs of families and children with differences 
24.6 	in ability;
24.7 	(4) developing skills to help children develop unbiased attitudes about cultural 
24.8 	differences and differences in ability;
24.9 	(5) developing skills in culturally appropriate caregiving; and
24.10 	(6) developing skills in appropriate caregiving for children of different abilities.
24.11 	The commissioner shall approve the curriculum for cultural dynamics and disability 
24.12 	training.
24.13 	(b) The provider must meet the training requirement in section 245A.14, subdivision 
24.14 	11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child 
24.15 	care or group family child care home to use the swimming pool located at the home.

24.16 	Sec. 19. Minnesota Statutes 2006, section 245A.65, subdivision 1, is amended to read:
24.17 		Subdivision 1.License holder requirements. All license holders serving vulnerable 
24.18 	adults shall establish and enforce written policies and procedures related to suspected or 
24.19 	alleged maltreatment, and shall orient clients and mandated reporters who are under 
24.20 	the control of the license holder to these procedures, as defined in section 626.5572, 
24.21 	subdivision 16. 
24.22 	(a) License holders must establish policies and procedures allowing but not 
24.23 	mandating the internal reporting of alleged or suspected maltreatment. License holders 
24.24 	shall ensure that the policies and procedures on internal reporting:
24.25 	(1) meet all the requirements identified for the optional internal reporting policies 
24.26 	and procedures in section 626.557, subdivision 4a; and 
24.27 	(2) identify the primary and secondary person or position to whom internal reports 
24.28 	may be made and the primary and secondary person or position responsible for forwarding 
24.29 	internal reports to the common entry point as defined in section 626.5572, subdivision 5. 
24.30 	The secondary person must be involved when there is reason to believe that the primary 
24.31 	person was involved in the alleged or suspected maltreatment. 
24.32 	(b) The license holder shall:
24.33 	(1) establish and maintain policies and procedures to ensure that an internal review 
24.34 	is completed and that corrective action is taken as necessary to protect the health and 
24.35 	safety of vulnerable adults when the facility has reason to know that an internal or external 
25.1 	report of alleged or suspected maltreatment has been made. The review must include an 
25.2 	evaluation of whether related policies and procedures were followed, whether the policies 
25.3 	and procedures were adequate, whether there is a need for additional staff training, 
25.4 	whether the reported event is similar to past events with the vulnerable adults or the 
25.5 	services involved, and whether there is a need for any further corrective action to be taken
25.6 	by the facility license holder to protect the health and safety of vulnerable adults;. Based 
25.7 	on the results of this review, the license holder must develop, document, and implement a 
25.8 	corrective action plan designed to correct current lapses and prevent future lapses in 
25.9 	performance by individuals or the license holder, if any.
25.10 	(2) identify the primary and secondary person or position who will ensure that, when 
25.11 	required, internal reviews are completed. The secondary person shall be involved when 
25.12 	there is reason to believe that the primary person was involved in the alleged or suspected 
25.13 	maltreatment; and
25.14 	(3) document and make internal reviews accessible to the commissioner upon 
25.15 	the commissioner's request. The documentation provided to the commissioner by the 
25.16 	license holder may consist of a completed checklist that verifies completion of each of 
25.17 	the requirements of the review.
25.18 	(c) The license holder shall provide an orientation to the internal and external 
25.19 	reporting procedures to all persons receiving services. The orientation shall include the 
25.20 	telephone number for the license holder's common entry point as defined in section 
25.21 	626.5572, subdivision 5. If applicable, the person's legal representative must be notified of 
25.22 	the orientation. The program shall provide this orientation for each new person within 24 
25.23 	hours of admission, or for persons who would benefit more from a later orientation, the 
25.24 	orientation may take place within 72 hours. 
25.25 	(d) The license holder shall post a copy of the internal and external reporting policies 
25.26 	and procedures, including the telephone number of the common entry point as defined 
25.27 	in section 626.5572, subdivision 5, in a prominent location in the program and have it 
25.28 	available upon request to mandated reporters, persons receiving services, and the person's 
25.29 	legal representatives. 

25.30 	Sec. 20. Minnesota Statutes 2006, section 245A.65, is amended by adding a 
25.31 	subdivision to read:
25.32 		Subd. 1a.Determination of vulnerable adult status. (a) A license holder that 
25.33 	provides services to adults who are excluded from the definition of vulnerable adult under 
25.34 	section 626.5572, subdivision 21, clause (2), must determine whether the person is a 
26.1 	vulnerable adult under section 626.5572, subdivision 21, clause (4). This determination 
26.2 	must be made within 24 hours of:
26.3 	(1) admission to the licensed program; and
26.4 	(2) any incident that:
26.5 	(i) was reported under section 626.557; or
26.6 	(ii) would have been required to be reported under section 626.557, if one or more of 
26.7 	the adults involved in the incident had been vulnerable adults.
26.8 	(b) Upon determining that a person receiving services is a vulnerable adult under 
26.9 	section 626.5572, subdivision 21, clause (4), all requirements relative to vulnerable adults 
26.10 	under section 626.557 and chapter 245A must be met by the license holder.

26.11 	Sec. 21. [245A.66] REQUIREMENTS; MALTREATMENT OF MINORS.
26.12 	Except for family child care settings and foster care for children in the license 
26.13 	holder's residence, license holders serving children shall:
26.14 	(1) establish and maintain policies and procedures to ensure that an internal review 
26.15 	is completed and that corrective action is taken if necessary to protect the health and 
26.16 	safety of children in care when the facility has reason to know that an internal or external 
26.17 	report of alleged or suspected maltreatment has been made. The review must include 
26.18 	an evaluation of whether: 
26.19 	(i) related policies and procedures were followed; 
26.20 	(ii) the policies and procedures were adequate; 
26.21 	(iii) there is a need for additional staff training; 
26.22 	(iv) the reported event is similar to past events with the children or the services 
26.23 	involved; and 
26.24 	(v) there is a need for corrective action by the license holder to protect the health and 
26.25 	safety of children in care.
26.26 	Based on the results of this review, the license holder must develop, document, and 
26.27 	implement a corrective action plan designed to correct current lapses and prevent future 
26.28 	lapses in performance by individuals or the license holder, if any;
26.29 	(2) identify the primary and secondary person or position who will ensure that, when 
26.30 	required, internal reviews are completed. The secondary person shall be involved when 
26.31 	there is reason to believe that the primary person was involved in the alleged or suspected 
26.32 	maltreatment; and
26.33 	(3) document that the internal review has been completed and provide documentation 
26.34 	showing the review was completed to the commissioner upon the commissioner's request. 
27.1 	The documentation provided to the commissioner by the license holder may consist of a 
27.2 	completed checklist that verifies completion of each of the requirements of the review.

27.3 	Sec. 22. Minnesota Statutes 2006, section 245C.02, is amended by adding a 
27.4 	subdivision to read:
27.5 		Subd. 9a.Conviction. "Conviction" has the meaning given in section 609.02, 
27.6 	subdivision 5.

27.7 	Sec. 23. Minnesota Statutes 2006, section 245C.05, subdivision 3, is amended to read:
27.8 		Subd. 3.Additional information from individual studied. (a) For purposes of 
27.9 	completing the background study, the commissioner may request additional information 
27.10 	of the individual, such as the individual's Social Security number or race. The individual 
27.11 	is not required to provide this information to the commissioner.
27.12 	(b) The commissioner may also require additional information if the commissioner 
27.13 	determines the information is necessary to complete the background study. Failure to 
27.14 	provide the required information may result in a disqualification pursuant to section 
27.15 	245C.09.

27.16 	Sec. 24. Minnesota Statutes 2006, section 245C.07, is amended to read:
27.17 	245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
27.18 	(a) When a license holder, applicant, or other entity owns multiple facilities
27.19 	programs or services that are licensed by the Department of Human Services, Department 
27.20 	of Health, or Department of Corrections, only one background study is required for an 
27.21 	individual who provides direct contact services in one or more of the licensed facilities
27.22 	programs or services if:
27.23 	(1) the license holder designates one individual with one address and telephone 
27.24 	number as the person to receive sensitive background study information for the multiple 
27.25 	licensed programs or services that depend on the same background study; and
27.26 	(2) the individual designated to receive the sensitive background study information 
27.27 	is capable of determining, upon request of the department, whether a background study 
27.28 	subject is providing direct contact services in one or more of the license holder's programs 
27.29 	or services and, if so, at which location or locations.
27.30 	(b) When a background study is being initiated by a licensed facility program 
27.31 	or service or a foster care provider that is also registered under chapter 144D, a study 
27.32 	subject affiliated with multiple licensed facilities programs or services may attach to the 
28.1 	background study form a cover letter indicating the additional facilities' names of the 
28.2 	programs or services, addresses, and background study identification numbers.
28.3 	When the commissioner receives a notice, the commissioner shall notify each 
28.4 	facility program or service identified by the background study subject of the study results.
28.5 	The background study notice the commissioner sends to the subsequent agencies 
28.6 	shall satisfy those facilities' programs' or services' responsibilities for initiating a 
28.7 	background study on that individual.

28.8 	Sec. 25. Minnesota Statutes 2006, section 245C.08, is amended to read:
28.9 	245C.08 BACKGROUND STUDY; INFORMATION COMMISSIONER 
28.10 	REVIEWS.
28.11 		Subdivision 1.Background studies conducted by commissioner of human 
28.12 	services. (a) For a background study conducted by the commissioner, the commissioner 
28.13 	shall review:
28.14 	(1) information related to names of substantiated perpetrators of maltreatment of 
28.15 	vulnerable adults that has been received by the commissioner as required under section 
28.16 	626.557, subdivision 9c, paragraph (i);
28.17 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
28.18 	programs, and from county agency findings of maltreatment of minors as indicated 
28.19 	through the social service information system;
28.20 	(3) information from juvenile courts as required in subdivision 4 for individuals 
28.21 	listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and
28.22 	(4) information from the Bureau of Criminal Apprehension.
28.23 	(b) Notwithstanding expungement by a court, the commissioner may consider 
28.24 	information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 
28.25 	received notice of the petition for expungement and the court order for expungement is 
28.26 	directed specifically to the commissioner.
28.27 		Subd. 2.Background studies conducted by a county or private agency. (a) For 
28.28 	a background study conducted by a county or private agency for child foster care, adult 
28.29 	foster care, and family child care homes, the commissioner shall review:
28.30 	(1) information from the county agency's record of substantiated maltreatment 
28.31 	of adults and the maltreatment of minors;
28.32 	(2) information from juvenile courts as required in subdivision 4 for individuals 
28.33 	listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and
28.34 	(3) information from the Bureau of Criminal Apprehension; and.
29.1 	(4) arrest and investigative records maintained by the Bureau of Criminal 
29.2 	Apprehension, county attorneys, county sheriffs, courts, county agencies, local police, the 
29.3 	National Criminal Records Repository, and criminal records from other states.
29.4 	(b) If the individual has resided in the county for less than five years, the study shall 
29.5 	include the records specified under paragraph (a) for the previous county or counties of 
29.6 	residence for the past five years.
29.7 	(c) Notwithstanding expungement by a court, the county or private agency may 
29.8 	consider information obtained under paragraph (a), clauses (3) and (4), unless the 
29.9 	commissioner received notice of the petition for expungement and the court order for 
29.10 	expungement is directed specifically to the commissioner.
29.11 		Subd. 3.Arrest and investigative information. (a) For any background study 
29.12 	completed under this section, if the commissioner has reasonable cause to believe the 
29.13 	information is pertinent to the disqualification of an individual, the commissioner also 
29.14 	may review arrest and investigative information from:
29.15 	(1) the Bureau of Criminal Apprehension;
29.16 	(2) the commissioner of health;
29.17 	(3) a county attorney;
29.18 	(4) a county sheriff;
29.19 	(5) a county agency;
29.20 	(6) a local chief of police;
29.21 	(7) other states;
29.22 	(8) the courts; or
29.23 	(9) the Federal Bureau of Investigation.;
29.24 	(10) the National Criminal Records Repository; and
29.25 	(11) criminal records from other states.
29.26 	(b) The commissioner is not required to conduct more than one review of a subject's 
29.27 	records from the Federal Bureau of Investigation if a review of the subject's criminal 
29.28 	history with the Federal Bureau of Investigation has already been completed by the 
29.29 	commissioner and there has been no break in the subject's affiliation with the license 
29.30 	holder who initiated the background study.
29.31 		Subd. 4.Juvenile court records. (a) The commissioner shall review records 
29.32 	from the juvenile courts for an individual studied under section 245C.03, subdivision 1, 
29.33 	clauses (2) and (5). 
29.34 	(b) For individuals studied under section 245C.03, subdivision 1, clauses (1), (3), 
29.35 	(4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner shall review 
29.36 	records from the juvenile courts when the commissioner has reasonable cause. 
30.1 	(c) The juvenile courts shall help with the study by giving the commissioner existing 
30.2 	juvenile court records on individuals described in section 245C.03, subdivision 1, clauses 
30.3 	(2), (5), and (6), relating to delinquency proceedings held within either the five years 
30.4 	immediately preceding the background study or the five years immediately preceding the 
30.5 	individual's 18th birthday, whichever time period is longer. 
30.6 	(d) For purposes of this chapter, a finding that a delinquency petition is proven in 
30.7 	juvenile court shall be considered a conviction in state district court.
30.8 	(e) The commissioner shall destroy juvenile court records obtained under this 
30.9 	subdivision when the subject of the records reaches age 23. Juvenile courts shall provide 
30.10 	orders of involuntary and voluntary termination of parental rights under section 260C.301 
30.11 	to the commissioner upon request for purposes of conducting a background study under 
30.12 	this chapter.

30.13 	Sec. 26. Minnesota Statutes 2006, section 245C.09, subdivision 1, is amended to read:
30.14 		Subdivision 1.Disqualification; licensing action. An applicant's, license holder's, 
30.15 	or other entity's failure or refusal to cooperate with the commissioner, including failure 
30.16 	to provide additional information required under section 245C.05, is reasonable cause 
30.17 	to disqualify a subject, deny a license application, or immediately suspend or revoke 
30.18 	a license or registration.

30.19 	Sec. 27. Minnesota Statutes 2006, section 245C.11, is amended by adding a subdivision 
30.20 	to read:
30.21 		Subd. 4.Background study. A county agency may accept a background study 
30.22 	completed by the commissioner under this chapter in place of the background study 
30.23 	required under section 245A.16, subdivision 3, for educational programs that train 
30.24 	individuals by providing direct contact services in licensed programs.

30.25 	Sec. 28. Minnesota Statutes 2006, section 245C.13, subdivision 2, is amended to read:
30.26 		Subd. 2.Direct contact pending completion of background study. The subject 
30.27 	of a background study may not perform any activity requiring a background study under 
30.28 	paragraph (b) until the commissioner has issued one of the notices under paragraph (a).
30.29 	(a) Notices from the commissioner required prior to activity under paragraph (b) 
30.30 	include:
30.31 	(1) a notice of the study results under section 245C.17 stating that:
30.32 	(i) the individual is not disqualified; or
31.1 	(ii) more time is needed to complete the study but the individual is not required to be 
31.2 	removed from direct contact or access to people receiving services prior to completion of 
31.3 	the study as provided under section 245A.17 245C.17, subdivision 1, paragraph  (b) or (c);
31.4 	(2) a notice that a disqualification has been set aside under section 245C.23; or
31.5 	(3) a notice that a variance has been granted related to the individual under section 
31.6 	245C.30.
31.7 	(b) Activities prohibited prior to receipt of notice under paragraph (a) include:
31.8 	(1) being issued a license;
31.9 	(2) living in the household where the licensed program will be provided;
31.10 	(3) providing direct contact services to persons served by a program unless the 
31.11 	subject is under continuous direct supervision; or
31.12 	(4) having access to persons receiving services if the background study was 
31.13 	completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), 
31.14 	clause (2), (5), or (6), unless the subject is under continuous direct supervision.

31.15 	Sec. 29. Minnesota Statutes 2006, section 245C.14, subdivision 1, is amended to read:
31.16 		Subdivision 1.Disqualification from direct contact. (a) The commissioner shall 
31.17 	disqualify an individual who is the subject of a background study from any position 
31.18 	allowing direct contact with persons receiving services from the license holder or entity 
31.19 	identified in section 245C.03, upon receipt of information showing, or when a background 
31.20 	study completed under this chapter shows any of the following: 
31.21 	(1) a conviction of or, admission to, or Alford plea to one or more crimes listed in 
31.22 	section 245C.15, regardless of whether the conviction or admission is a felony, gross 
31.23 	misdemeanor, or misdemeanor level crime; 
31.24 	(2) a preponderance of the evidence indicates the individual has committed an act 
31.25 	or acts that meet the definition of any of the crimes listed in section 245C.15, regardless 
31.26 	of whether the preponderance of the evidence is for a felony, gross misdemeanor, or 
31.27 	misdemeanor level crime; or 
31.28 	(3) an investigation results in an administrative determination listed under section 
31.29 	245C.15, subdivision 4, paragraph (b). 
31.30 	(b) No individual who is disqualified following a background study under section 
31.31 	245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact 
31.32 	with persons served by a program or entity identified in section 245C.03, unless the 
31.33 	commissioner has provided written notice under section 245C.17 stating that: 
31.34 	(1) the individual may remain in direct contact during the period in which the 
31.35 	individual may request reconsideration as provided in section 245C.21, subdivision 2; 
32.1 	(2) the commissioner has set aside the individual's disqualification for that program 
32.2 	or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or 
32.3 	(3) the license holder has been granted a variance for the disqualified individual 
32.4 	under section 245C.30. 

32.5 	Sec. 30. Minnesota Statutes 2006, section 245C.15, subdivision 1, is amended to read:
32.6 		Subdivision 1.Permanent disqualification. (a) An individual is disqualified under 
32.7 	section 245C.14 if: (1) regardless of how much time has passed since the discharge 
32.8 	of the sentence imposed, if any, for the offense; and (2) unless otherwise specified, 
32.9 	regardless of the level of the offense, the individual has committed any of the following 
32.10 	offenses: sections 243.166 (failure to register as a predatory offender);609.185 (murder 
32.11 	in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third 
32.12 	degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second 
32.13 	degree); a felony offense under609.221 or 609.222 (assault in the first or second degree); 
32.14 	a felony offense under sections 609.2242 and 609.2243 (domestic assault), spousal 
32.15 	abuse, child abuse or neglect, or a crime against children; 609.2247 (domestic assault by 
32.16 	strangulation);609.228 (great bodily harm caused by distribution of drugs); 609.245
32.17 	(aggravated robbery); 609.25 (kidnapping); 609.2661 (murder of an unborn child in the 
32.18 	first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
32.19 	(murder of an unborn child in the third degree); 609.322 (solicitation, inducement, 
32.20 	and promotion of prostitution); a felony offense under609.324, subdivision 1 (other 
32.21 	prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal 
32.22 	sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third 
32.23 	degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal 
32.24 	sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352
32.25 	(solicitation of children to engage in sexual conduct); 609.365 (incest); a felony offense 
32.26 	under 609.377 (malicious punishment of a child); a felony offense under 609.378 (neglect 
32.27 	or endangerment of a child); 609.561 (arson in the first degree); 609.66, subdivision 1e
32.28 	(drive-by shooting); 609.749, subdivision 3, 4, or 5 (felony-level harassment; stalking); 
32.29 	609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); 617.23, 
32.30 	subdivision 2, clause (1), (gross misdemeanor incident exposure involving a minor);
32.31 	617.246 (use of minors in sexual performance prohibited); or 617.247 (possession of 
32.32 	pictorial representations of minors). An individual also is disqualified under section 
32.33 	245C.14 regardless of how much time has passed since the involuntary termination of 
32.34 	the individual's parental rights under section 260C.301.
33.1 	(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the 
33.2 	offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes, 
33.3 	permanently disqualifies the individual under section 245C.14.
33.4 	(c) An individual's offense in any other state or country, where the elements of the 
33.5 	offense are substantially similar to any of the offenses listed in paragraph (a), permanently 
33.6 	disqualifies the individual under section 245C.14.
33.7 	(d) When a disqualification is based on a judicial determination other than a 
33.8 	conviction, the disqualification period begins from the date of the court order. When a 
33.9 	disqualification is based on an admission, the disqualification period begins from the date 
33.10 	of an admission in court. When a disqualification is based on a preponderance of evidence 
33.11 	of a disqualifying act, the disqualification date begins from the date of the dismissal, the 
33.12 	date of discharge of the sentence imposed for a conviction for a disqualifying crime of 
33.13 	similar elements, or the date of the incident, whichever occurs last.
33.14 	(e) If the individual studied commits one of the offenses listed in paragraph (a) 
33.15 	that is specified as a felony-level only offense, but the sentence or level of offense is a 
33.16 	gross misdemeanor or misdemeanor, the individual is disqualified, but the disqualification 
33.17 	look-back period for the offense is the period applicable to gross misdemeanor or 
33.18 	misdemeanor offenses.

33.19 	Sec. 31. Minnesota Statutes 2006, section 245C.15, subdivision 2, is amended to read:
33.20 		Subd. 2.15-year disqualification. (a) An individual is disqualified under section 
33.21 	245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, 
33.22 	if any, for the offense; and (2) the individual has committed a felony-level violation 
33.23 	of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 
33.24 	268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph 
33.25 	(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 
33.26 	609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
33.27 	(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth 
33.28 	degree); 609.229 (crimes committed for benefit of a gang);609.2325 (criminal abuse of a 
33.29 	vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of 
33.30 	drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment); 
33.31 	609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter 
33.32 	of an unborn child in the second degree); 609.267 (assault of an unborn child in the first 
33.33 	degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury 
33.34 	or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
33.35 	(attempt to coerce); repeat offenses under 609.3451 (criminal sexual conduct in the fifth 
34.1 	degree);609.466 (medical assistance fraud); 609.498, subdivision 1 or 1b (aggravated first 
34.2 	degree or first degree tampering with a witness); 609.52 (theft); 609.521 (possession of 
34.3 	shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 
34.4 	609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.562
34.5 	(arson in the second degree); 609.563 (arson in the third degree); 609.582 (burglary);
34.6 	609.59 (possession of burglary tools);609.611 (insurance fraud); 609.625 (aggravated 
34.7 	forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged check); 609.635
34.8 	(obtaining signature by false pretense); 609.66 (dangerous weapons); 609.67 (machine 
34.9 	guns and short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 609.713
34.10 	(terroristic threats); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card 
34.11 	fraud); repeat offenses under 617.23 (indecent exposure; penalties); repeat offenses under 
34.12 	617.241 (obscene materials and performances; distribution and exhibition prohibited; 
34.13 	penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs; controlled 
34.14 	substance); or a felony-level conviction involving alcohol or drug use.
34.15 	(b) An individual is disqualified under section 245C.14 if less than 15 years has 
34.16 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
34.17 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
34.18 	Statutes.
34.19 	(c) For foster care and family child care an individual is disqualified under section 
34.20 	245C.14 if less than 15 years has passed since the individual's voluntary termination of 
34.21 	the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or 
34.22 	260C.301, subdivision 3.
34.23 	(d) An individual is disqualified under section 245C.14 if less than 15 years has 
34.24 	passed since the discharge of the sentence imposed for an offense in any other state or 
34.25 	country, the elements of which are substantially similar to the elements of the offenses 
34.26 	listed in paragraph (a).
34.27 	(e) If the individual studied is convicted commits one of one of the felonies offenses
34.28 	listed in paragraph (a), but the sentence or level of offense is a gross misdemeanor or 
34.29 	misdemeanor disposition, the individual is disqualified but the disqualification lookback 
34.30 	period for the conviction offense is the period applicable to the gross misdemeanor or 
34.31 	misdemeanor disposition.
34.32 	(f) When a disqualification is based on a judicial determination other than a 
34.33 	conviction, the disqualification period begins from the date of the court order. When a 
34.34 	disqualification is based on an admission, the disqualification period begins from the date 
34.35 	of an admission in court. When a disqualification is based on a preponderance of evidence 
34.36 	of a disqualifying act, the disqualification date begins from the date of the dismissal, the 
35.1 	date of discharge of the sentence imposed for a conviction for a disqualifying crime of 
35.2 	similar elements, or the date of the incident, whichever occurs last.

35.3 	Sec. 32. Minnesota Statutes 2006, section 245C.15, subdivision 3, is amended to read:
35.4 		Subd. 3.Ten-year disqualification. (a) An individual is disqualified under section 
35.5 	245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, 
35.6 	if any, for the offense; and (2) the individual has committed a gross misdemeanor-level 
35.7 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
35.8 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 
35.9 	10, paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular 
35.10 	homicide and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 
35.11 	or 609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 
35.12 	609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a 
35.13 	vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of 
35.14 	persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal 
35.15 	abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
35.16 	(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a 
35.17 	vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 
35.18 	1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 
35.19 	609.3451 (criminal sexual conduct in the fifth degree);609.377 (malicious punishment 
35.20 	of a child); 609.378 (neglect or endangerment of a child);  609.466 (medical assistance 
35.21 	fraud); 609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity 
35.22 	theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 
35.23 	609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 
35.24 	609.631 (check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71
35.25 	(riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); repeat 
35.26 	offenses under 609.746 (interference with privacy); 609.749, subdivision 2 (harassment; 
35.27 	stalking);  609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 
35.28 	repeat offenses under 617.23 (indecent exposure);617.241 (obscene materials and 
35.29 	performances); 617.243 (indecent literature, distribution); 617.293 (harmful materials; 
35.30 	dissemination and display to minors prohibited); or violation of an order for protection 
35.31 	under section 518B.01, subdivision 14.
35.32 	(b) An individual is disqualified under section 245C.14 if less than ten years has 
35.33 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
35.34 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
35.35 	Statutes.
36.1 	(c) An individual is disqualified under section 245C.14 if less than ten years has 
36.2 	passed since the discharge of the sentence imposed for an offense in any other state or 
36.3 	country, the elements of which are substantially similar to the elements of any of the 
36.4 	offenses listed in paragraph (a).
36.5 	(d) If the defendant is convicted of one of the gross misdemeanors individual studied 
36.6 	commits one of the offenses listed in paragraph (a), but the sentence or level of offense is 
36.7 	a misdemeanor disposition, the individual is disqualified but the disqualification lookback 
36.8 	period for the conviction offense is the period applicable to misdemeanors.
36.9 	(e) When a disqualification is based on a judicial determination other than a 
36.10 	conviction, the disqualification period begins from the date of the court order. When a 
36.11 	disqualification is based on an admission, the disqualification period begins from the date 
36.12 	of an admission in court. When a disqualification is based on a preponderance of evidence 
36.13 	of a disqualifying act, the disqualification date begins from the date of the dismissal, the 
36.14 	date of discharge of the sentence imposed for a conviction for a disqualifying crime of 
36.15 	similar elements, or the date of the incident, whichever occurs last.

36.16 	Sec. 33. Minnesota Statutes 2006, section 245C.15, subdivision 4, is amended to read:
36.17 		Subd. 4.Seven-year disqualification. (a) An individual is disqualified under 
36.18 	section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence 
36.19 	imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level 
36.20 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
36.21 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 
36.22 	paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 
36.23 	and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 
36.24 	609.223 (assault in the third degree); 609.2231 (assault in the fourth degree);609.224
36.25 	(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation 
36.26 	of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 
36.27 	609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation of an 
36.28 	order for protection under 609.3232 (protective order authorized; procedures; penalties); 
36.29 	609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into 
36.30 	Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance 
36.31 	of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous weapons); 609.665
36.32 	(spring guns); 609.746 (interference with privacy); 609.79 (obscene or harassing telephone 
36.33 	calls); 609.795 (letter, telegram, or package; opening; harassment); 609.82 (fraud in 
36.34 	obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure; 
37.1 	penalties); 617.293 (harmful materials; dissemination and display to minors prohibited); 
37.2 	or violation of an order for protection under section 518B.01 (Domestic Abuse Act).
37.3 	(b) An individual is disqualified under section 245C.14 if less than seven years has 
37.4 	passed since a determination or disposition of the individual's:
37.5 	(1) failure to make required reports under section 626.556, subdivision 3, or 
37.6 	626.557, subdivision 3, for incidents in which: (i) the final disposition under section 
37.7 	626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was 
37.8 	recurring or serious; or
37.9 	(2) substantiated serious or recurring maltreatment of a minor under section 626.556, 
37.10 	a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other 
37.11 	state, the elements of which are substantially similar to the elements of maltreatment under 
37.12 	section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the 
37.13 	maltreatment occurred, and (ii) the subject was responsible for the maltreatment.
37.14 	(c) An individual is disqualified under section 245C.14 if less than seven years has 
37.15 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
37.16 	of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in 
37.17 	Minnesota Statutes.
37.18 	(d) An individual is disqualified under section 245C.14 if less than seven years has 
37.19 	passed since the discharge of the sentence imposed for an offense in any other state or 
37.20 	country, the elements of which are substantially similar to the elements of any of the 
37.21 	offenses listed in paragraphs (a) and (b).
37.22 	(e) When a disqualification is based on a judicial determination other than a 
37.23 	conviction, the disqualification period begins from the date of the court order. When a 
37.24 	disqualification is based on an admission, the disqualification period begins from the date 
37.25 	of an admission in court. When a disqualification is based on a preponderance of evidence 
37.26 	of a disqualifying act, the disqualification date begins from the date of the dismissal, the 
37.27 	date of discharge of the sentence imposed for a conviction for a disqualifying crime of 
37.28 	similar elements, or the date of the incident, whichever occurs last.
37.29 	(f) An individual is disqualified under section 245C.14 if less than seven years has 
37.30 	passed since the individual was disqualified under section 256.98, subdivision 8.

37.31 	Sec. 34. Minnesota Statutes 2006, section 245C.16, subdivision 1, is amended to read:
37.32 		Subdivision 1.Determining immediate risk of harm. (a) If the commissioner 
37.33 	determines that the individual studied has a disqualifying characteristic, the commissioner 
37.34 	shall review the information immediately available and make a determination as to the 
38.1 	subject's immediate risk of harm to persons served by the program where the individual 
38.2 	studied will have direct contact with, or access to, people receiving services.
38.3 	(b) The commissioner shall consider all relevant information available, including the 
38.4 	following factors in determining the immediate risk of harm:
38.5 	(1) the recency of the disqualifying characteristic;
38.6 	(2) the recency of discharge from probation for the crimes;
38.7 	(3) the number of disqualifying characteristics;
38.8 	(4) the intrusiveness or violence of the disqualifying characteristic;
38.9 	(5) the vulnerability of the victim involved in the disqualifying characteristic;
38.10 	(6) the similarity of the victim to the persons served by the program where the 
38.11 	individual studied will have direct contact; and
38.12 	(7) whether the individual has a disqualification from a previous background study 
38.13 	that has not been set aside.; and
38.14 	(8) if the individual has a disqualification which may not be set aside because it is 
38.15 	a permanent bar under section 245C.24, subdivision 1, the commissioner may order the 
38.16 	immediate removal of the individual from any position allowing direct contact with, or 
38.17 	access to, persons receiving services from the program.
38.18 	(c) This section does not apply when the subject of a background study is regulated 
38.19 	by a health-related licensing board as defined in chapter 214, and the subject is determined 
38.20 	to be responsible for substantiated maltreatment under section 626.556 or 626.557. 
38.21 	(d) If the commissioner has reason to believe, based on arrest information or an 
38.22 	active maltreatment investigation, that an individual poses an imminent risk of harm to 
38.23 	persons receiving services, the commissioner may order that the person be continuously 
38.24 	supervised or immediately removed pending the conclusion of the maltreatment 
38.25 	investigation or criminal proceedings.

38.26 	Sec. 35. Minnesota Statutes 2006, section 245C.17, subdivision 2, is amended to read:
38.27 		Subd. 2.Disqualification notice sent to subject. (a) If the information in the study 
38.28 	indicates the individual is disqualified from direct contact with, or from access to, persons 
38.29 	served by the program, the commissioner shall disclose to the individual studied:
38.30 	(1) the information causing disqualification;
38.31 	(2) instructions on how to request a reconsideration of the disqualification;
38.32 	(3) an explanation of any restrictions on the commissioner's discretion to set aside 
38.33 	the disqualification under section 245C.24, when applicable to the individual;
38.34 	(4) a statement indicating that if the individual's disqualification is set aside or the 
38.35 	facility is granted a variance under section 245C.30, the individual's identity and the 
39.1 	reason for the individual's disqualification will become public data under section 245C.22, 
39.2 	subdivision 7, when applicable to the individual; and
39.3 	(5) the commissioner's determination of the individual's immediate risk of harm 
39.4 	under section 245C.16.
39.5 	(b) If the commissioner determines under section 245C.16 that an individual poses 
39.6 	an imminent risk of harm to persons served by the program where the individual will have 
39.7 	direct contact with, or access to, people receiving services, the commissioner's notice must 
39.8 	include an explanation of the basis of this determination.
39.9 	(c) If the commissioner determines under section 245C.16 that an individual studied 
39.10 	does not pose a risk of harm that requires immediate removal, the individual shall be 
39.11 	informed of the conditions under which the agency that initiated the background study 
39.12 	may allow the individual to provide have direct contact services with, or access to, people 
39.13 	receiving services, as provided under subdivision 3.

39.14 	Sec. 36. Minnesota Statutes 2006, section 245C.17, subdivision 3, is amended to read:
39.15 		Subd. 3.Disqualification notification. (a) The commissioner shall notify an 
39.16 	applicant, license holder, or other entity as provided in this chapter who is not the subject 
39.17 	of the study:
39.18 	(1) that the commissioner has found information that disqualifies the individual 
39.19 	studied from being in a position allowing direct contact with, or from access to, persons
39.20 	people served by the program; and
39.21 	(2) the commissioner's determination of the individual's risk of harm under section 
39.22 	245C.16.
39.23 	(b) If the commissioner determines under section 245C.16 that an individual studied 
39.24 	poses an imminent risk of harm to persons served by the program where the individual 
39.25 	studied will have direct contact with, or access to, people served by the program, the 
39.26 	commissioner shall order the license holder to immediately remove the individual studied 
39.27 	from any position allowing direct contact with, or access to, people served by the program.
39.28 	(c) If the commissioner determines under section 245C.16 that an individual studied 
39.29 	poses a risk of harm that requires continuous, direct supervision, the commissioner shall 
39.30 	order the applicant, license holder, or other entities as provided in this chapter to:
39.31 	(1) immediately remove the individual studied from any position allowing direct 
39.32 	contact with, or access to, people receiving services; or
39.33 	(2) before allowing the disqualified individual to provide be in a position allowing
39.34 	direct contact with, or access to, people receiving services, the applicant, license holder, or 
39.35 	other entity, as provided in this chapter, must:
40.1 	(i) obtain from the disqualified individual a copy of the individual's notice of 
40.2 	disqualification from the commissioner that explains the reason for disqualification;
40.3 	(ii) ensure that the individual studied is under continuous, direct supervision when 
40.4 	providing in a position allowing direct contact with, or access to, people receiving 
40.5 	services during the period in which the individual may request a reconsideration of the 
40.6 	disqualification under section 245C.21; and
40.7 	(iii) ensure that the disqualified individual requests reconsideration within 30 days 
40.8 	of receipt of the notice of disqualification.
40.9 	(d) If the commissioner determines under section 245C.16 that an individual studied 
40.10 	does not pose a risk of harm that requires continuous, direct supervision, the commissioner 
40.11 	shall order the applicant, license holder, or other entities as provided in this chapter to:
40.12 	(1) immediately remove the individual studied from any position allowing direct 
40.13 	contact with, or access to, people receiving services; or
40.14 	(2) before allowing the disqualified individual to provide be in any position allowing
40.15 	direct contact with, or access to, people receiving services, the applicant, license holder, or 
40.16 	other entity as provided in this chapter must:
40.17 	(i) obtain from the disqualified individual a copy of the individual's notice of 
40.18 	disqualification from the commissioner that explains the reason for disqualification; and
40.19 	(ii) ensure that the disqualified individual requests reconsideration within 15 days 
40.20 	of receipt of the notice of disqualification.
40.21 	(e) The commissioner shall not notify the applicant, license holder, or other entity 
40.22 	as provided in this chapter of the information contained in the subject's background 
40.23 	study unless:
40.24 	(1) the basis for the disqualification is failure to cooperate with the background study 
40.25 	or substantiated maltreatment under section 626.556 or 626.557;
40.26 	(2) the Data Practices Act under chapter 13 provides for release of the information; or
40.27 	(3) the individual studied authorizes the release of the information.

40.28 	Sec. 37. Minnesota Statutes 2006, section 245C.21, subdivision 2, is amended to read:
40.29 		Subd. 2.Time frame for requesting reconsideration. (a) When the commissioner 
40.30 	sends an individual a notice of disqualification based on a finding under section 245C.16, 
40.31 	subdivision 2, paragraph (a), clause (1) or (2), the disqualified individual must submit the 
40.32 	request for a reconsideration within 30 calendar days of the individual's receipt of the 
40.33 	notice of disqualification. If mailed, the request for reconsideration must be postmarked 
40.34 	and sent to the commissioner within 30 calendar days of the individual's receipt of the 
40.35 	notice of disqualification. If a request for reconsideration is made by personal service, 
41.1 	it must be received by the commissioner within 30 calendar days after the individual's 
41.2 	receipt of the notice of disqualification. Upon showing that the information under 
41.3 	subdivision 3 cannot be obtained within 30 days, the disqualified individual may request 
41.4 	additional time, not to exceed 30 days, to obtain the information.
41.5 	(b) When the commissioner sends an individual a notice of disqualification 
41.6 	based on a finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the 
41.7 	disqualified individual must submit the request for reconsideration within 15 calendar 
41.8 	days of the individual's receipt of the notice of disqualification. If mailed, the request for 
41.9 	reconsideration must be postmarked and sent to the commissioner within 15 calendar days 
41.10 	of the individual's receipt of the notice of disqualification. If a request for reconsideration 
41.11 	is made by personal service, it must be received by the commissioner within 15 calendar 
41.12 	days after the individual's receipt of the notice of disqualification.
41.13 	(c) An individual who was determined to have maltreated a child under section 
41.14 	626.556 or a vulnerable adult under section 626.557, and who is disqualified on the basis of 
41.15 	serious or recurring maltreatment, may request a reconsideration of both the maltreatment 
41.16 	and the disqualification determinations. The request must be submitted within 30 calendar 
41.17 	days of the individual's receipt of the notice of disqualification. If mailed, the request for 
41.18 	reconsideration must be postmarked and sent to the commissioner within 30 calendar days 
41.19 	of the individual's receipt of the notice of disqualification. If a request for reconsideration 
41.20 	is made by personal service, it must be received by the commissioner within 30 calendar 
41.21 	days after the individual's receipt of the notice of disqualification.
41.22 	(d) Except for family child care and child foster care, reconsideration of a 
41.23 	maltreatment determination under sections 626.556, subdivision 10i, and 626.557, 
41.24 	subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall 
41.25 	not be conducted when:
41.26 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
41.27 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
41.28 	or the disqualification of a license holder based on serious or recurring maltreatment;
41.29 	(2) the denial of a license or licensing sanction is issued at the same time as the 
41.30 	maltreatment determination or disqualification; and
41.31 	(3) the license holder appeals the maltreatment determination, disqualification, and 
41.32 	denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045 
41.33 	must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, 
41.34 	subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated 
41.35 	contested case hearing must include the maltreatment determination, disqualification, and 
41.36 	denial of a license or licensing sanction.
42.1 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
42.2 	determination or disqualification, but does not appeal the denial of a license or a licensing 
42.3 	sanction, reconsideration of the maltreatment determination shall be conducted under 
42.4 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
42.5 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
42.6 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
42.7 	10i, and 626.557, subdivision 9d.

42.8 	Sec. 38. Minnesota Statutes 2006, section 245C.21, subdivision 3, is amended to read:
42.9 		Subd. 3.Information Disqualified individuals must provide when requesting 
42.10 	reconsideration; information for reconsideration. (a) The disqualified individual 
42.11 	requesting reconsideration must submit information showing that:
42.12 	(1) the information the commissioner relied upon in determining the underlying 
42.13 	conduct that gave rise to the disqualification is incorrect;
42.14 	(2) for maltreatment, the information the commissioner relied upon in determining 
42.15 	that maltreatment was serious or recurring is incorrect; or
42.16 	(3) the subject of the study does not pose a risk of harm to any person served by the 
42.17 	applicant, license holder, or other entities as provided in this chapter, by addressing the 
42.18 	information required under section 245C.22, subdivision 4. 
42.19 	(b) In order to determine the individual's risk of harm, the commissioner may require 
42.20 	additional information from the disqualified individual as part of the reconsideration 
42.21 	process. If the individual fails to provide the required information, the commissioner 
42.22 	may deny the individual's request.

42.23 	Sec. 39. Minnesota Statutes 2006, section 245C.22, subdivision 4, is amended to read:
42.24 		Subd. 4.Risk of harm; set aside. (a) The commissioner may set aside the 
42.25 	disqualification if the commissioner finds that the individual has submitted sufficient 
42.26 	information to demonstrate that the individual does not pose a risk of harm to any person 
42.27 	served by the applicant, license holder, or other entities as provided in this chapter.
42.28 	(b) In determining whether the individual has met the burden of proof by 
42.29 	demonstrating the individual does not pose a risk of harm, the commissioner shall consider:
42.30 	(1) the nature, severity, and consequences of the event or events that led to the 
42.31 	disqualification;
42.32 	(2) whether there is more than one disqualifying event;
42.33 	(3) the age and vulnerability of the victim at the time of the event;
42.34 	(4) the harm suffered by the victim;
43.1 	(5) vulnerability of persons served by the program;
43.2 	(6) the similarity between the victim and persons served by the program;
43.3 	(6) (7) the time elapsed without a repeat of the same or similar event;
43.4 	(7) (8) documentation of successful completion by the individual studied of training 
43.5 	or rehabilitation pertinent to the event; and
43.6 	(8) (9) any other information relevant to reconsideration.
43.7 	(c) If the individual requested reconsideration on the basis that the information 
43.8 	relied upon to disqualify the individual was incorrect or inaccurate and the commissioner 
43.9 	determines that the information relied upon to disqualify the individual is correct, the 
43.10 	commissioner must also determine if the individual poses a risk of harm to persons 
43.11 	receiving services in accordance with paragraph (b).

43.12 	Sec. 40. Minnesota Statutes 2006, section 245C.22, subdivision 5, is amended to read:
43.13 		Subd. 5.Scope of set aside. If the commissioner sets aside a disqualification under 
43.14 	this section, the disqualified individual remains disqualified, but may hold a license and 
43.15 	have direct contact with or access to persons receiving services. The commissioner's set 
43.16 	aside of a disqualification is limited solely to the licensed program, applicant, or agency 
43.17 	specified in the set aside notice under section 245C.23, unless otherwise specified in the 
43.18 	notice. For personal care provider organizations, the commissioner's set-aside may further 
43.19 	be limited to a specific individual who is receiving services.

43.20 	Sec. 41. Minnesota Statutes 2006, section 245C.24, subdivision 3, is amended to read:
43.21 		Subd. 3.Ten-year bar to set aside disqualification. (a) The commissioner may 
43.22 	not set aside the disqualification of an individual in connection with a license to provide 
43.23 	family child care for children, foster care for children in the provider's home, or foster 
43.24 	care or day care services for adults in the provider's home if: (1) less than ten years has 
43.25 	passed since the discharge of the sentence imposed, if any, for the offense; or (2) when 
43.26 	disqualified based on a preponderance of evidence determination under section 245A.14
43.27 	245C.14, subdivision 1, paragraph (a), clause (2), or an admission under section 245A.14
43.28 	245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years has passed since 
43.29 	the individual committed the act or admitted to committing the act, whichever is later; and 
43.30 	(3) the individual has committed a violation of any of the following offenses: sections 
43.31 	609.165 (felon ineligible to possess firearm); criminal vehicular homicide under 609.21
43.32 	(criminal vehicular homicide and injury); 609.215 (aiding suicide or aiding attempted 
43.33 	suicide); felony violations under 609.223 or 609.2231 (assault in the third or fourth 
43.34 	degree);  609.229 (crimes committed for benefit of a gang); 609.713 (terroristic threats); 
44.1 	609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple robbery); 609.255
44.2 	(false imprisonment); 609.562 (arson in the second degree); 609.71 (riot); 609.498, 
44.3 	subdivision 1 or 1b (aggravated first degree or first degree tampering with a witness); 
44.4 	burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous 
44.5 	weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns); 
44.6 	609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or 152.022
44.7 	(controlled substance crime in the first or second degree); 152.023, subdivision 1, clause 
44.8 	(3) or (4) or subdivision 2, clause (4) (controlled substance crime in the third degree); 
44.9 	152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth 
44.10 	degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against 
44.11 	a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of 
44.12 	residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal 
44.13 	neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 
44.14 	609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter 
44.15 	of an unborn child in the first or second degree); 609.267 to 609.2672 (assault of an 
44.16 	unborn child in the first, second, or third degree); 609.268 (injury or death of an unborn 
44.17 	child in the commission of a crime); repeat offenses under 617.23 (indecent exposure);
44.18 	617.293 (disseminating or displaying harmful material to minors); a felony-level 
44.19 	conviction involving alcohol or drug use, a gross misdemeanor offense under 609.324, 
44.20 	subdivision 1 (other prohibited acts); a gross misdemeanor offense under 609.378 (neglect 
44.21 	or endangerment of a child); a gross misdemeanor offense under 609.377 (malicious 
44.22 	punishment of a child); or609.72, subdivision 3 (disorderly conduct against a vulnerable 
44.23 	adult); or 624.713 (certain persons not to possess firearms).
44.24 	(b) The commissioner may not set aside the disqualification of an individual if 
44.25 	less than ten years have passed since the individual's aiding and abetting, attempt, or 
44.26 	conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses 
44.27 	is defined in Minnesota Statutes.
44.28 	(c) The commissioner may not set aside the disqualification of an individual if less 
44.29 	than ten years have passed since the discharge of the sentence imposed for an offense in 
44.30 	any other state or country, the elements of which are substantially similar to the elements 
44.31 	of any of the offenses listed in paragraph (a).

44.32 	Sec. 42. Minnesota Statutes 2006, section 245C.27, subdivision 1, is amended to read:
44.33 		Subdivision 1.Fair hearing when disqualification is not set aside. (a) If the 
44.34 	commissioner does not set aside a disqualification of an individual under section 
44.35 	245C.22 who is disqualified on the basis of a preponderance of evidence that the 
45.1 	individual committed an act or acts that meet the definition of any of the crimes listed in 
45.2 	section 245C.15; for a determination under section 626.556 or 626.557 of substantiated 
45.3 	maltreatment that was serious or recurring under section 245C.15; or for failure to make 
45.4 	required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant 
45.5 	to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request 
45.6 	a fair hearing under section 256.045, unless the disqualification is deemed conclusive 
45.7 	under section 245C.29.
45.8 	(b) The fair hearing is the only administrative appeal of the final agency 
45.9 	determination for purposes of appeal by the disqualified individual. The disqualified 
45.10 	individual does not have the right to challenge the accuracy and completeness of data 
45.11 	under section 13.04.
45.12 	(c) Except as provided under paragraph (e), if the individual was disqualified based 
45.13 	on a conviction or admission to any crimes listed in section 245C.15, subdivisions 1 
45.14 	to 4, or for a disqualification under section 256.98, subdivision 8, the reconsideration 
45.15 	decision under section 245C.22 is the final agency determination for purposes of appeal 
45.16 	by the disqualified individual and is not subject to a hearing under section 256.045. If 
45.17 	the individual was disqualified based on a judicial determination, that determination is 
45.18 	treated the same as a conviction for purposes of appeal.
45.19 	(d) This subdivision does not apply to a public employee's appeal of a disqualification 
45.20 	under section 245C.28, subdivision 3.
45.21 	(e) Notwithstanding paragraph (c), if the commissioner does not set aside a 
45.22 	disqualification of an individual who was disqualified based on both a preponderance 
45.23 	of evidence and a conviction or admission, the individual may request a fair hearing 
45.24 	under section 256.045, unless the disqualifications are deemed conclusive under section 
45.25 	245C.29. The scope of the hearing conducted under section 256.045 with regard to the 
45.26 	disqualification based on a conviction or admission shall be limited solely to whether the 
45.27 	individual poses a risk of harm, according to section 256.045, subdivision 3b. In this case, 
45.28 	the reconsideration decision under section 245C.22 is not the final agency decision for 
45.29 	purposes of appeal by the disqualified individual.

45.30 	Sec. 43. Minnesota Statutes 2006, section 245C.28, subdivision 1, is amended to read:
45.31 		Subdivision 1.License holder. (a) If a maltreatment determination or a 
45.32 	disqualification for which reconsideration was requested and which was not set aside is 
45.33 	the basis for a denial of a license under section 245A.05 or a licensing sanction under 
45.34 	section 245A.07, the license holder has the right to a contested case hearing under chapter 
46.1 	14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The license holder must submit 
46.2 	the appeal under section 245A.05 or 245A.07, subdivision 3.
46.3 	(b) The license holder must submit the appeal in accordance with section 245A.05 or 
46.4 	245A.07, subdivision 3. As provided under section 245A.08, subdivision 2a, if the denial 
46.5 	of a license or licensing sanction is based on a disqualification for which reconsideration 
46.6 	was requested and was not set-aside, the scope of the consolidated contested case hearing 
46.7 	must include:
46.8 	(1) the disqualification, to the extent the license holder otherwise has a hearing right 
46.9 	on the disqualification under this chapter; and
46.10 	(2) the licensing sanction or denial of a license. 
46.11 	(c) If the disqualification was based on a determination of substantiated serious or 
46.12 	recurring maltreatment under section 626.556 or 626.557, the appeal must be submitted 
46.13 	in accordance with sections 245A.07, subdivision 3, and 626.556, subdivision 10i, or 
46.14 	626.557, subdivision 9d. As provided for under section 245A.08, subdivision 2a, if the 
46.15 	denial of a license or licensing sanction is based on a determination of maltreatment under 
46.16 	section 626.556 or 626.557, or a disqualification for serious or recurring maltreatment 
46.17 	which was not set-aside, the scope of the contested case hearing must include:
46.18 	(1) the maltreatment determination, if the maltreatment is not conclusive under 
46.19 	section 245C.29;
46.20 	(2) the disqualification, if the disqualification is not conclusive under section 
46.21 	245C.29; and
46.22 	(3) the licensing sanction or denial of a license. In such cases, a fair hearing must not 
46.23 	be conducted under section 256.045. If the disqualification was based on a determination 
46.24 	of substantiated serious or recurring maltreatment under section 626.556 or 626.557, the 
46.25 	appeal must be submitted under sections 245A.07, subdivision 3, and 626.556, subdivision 
46.26 	10i, or 626.557, subdivision 9d.
46.27 	(d) Except for family child care and child foster care, reconsideration of a 
46.28 	maltreatment determination under sections 626.556, subdivision 10i, and 626.557, 
46.29 	subdivision 9d, and reconsideration of a disqualification under section 245C.22, must 
46.30 	not be conducted when:
46.31 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
46.32 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
46.33 	or the disqualification of a license holder based on serious or recurring maltreatment; 
46.34 	(2) the denial of a license or licensing sanction is issued at the same time as the 
46.35 	maltreatment determination or disqualification; and
47.1 	(3) the license holder appeals the maltreatment determination, disqualification, and 
47.2 	denial of a license or licensing sanction. In such cases a fair hearing under section 256.045 
47.3 	must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, 
47.4 	subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated 
47.5 	contested case hearing must include the maltreatment determination, disqualification, and 
47.6 	denial of a license or licensing sanction.
47.7 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
47.8 	determination or disqualification, but does not appeal the denial of a license or a licensing 
47.9 	sanction, reconsideration of the maltreatment determination shall be conducted under 
47.10 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
47.11 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
47.12 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
47.13 	10i, and 626.557, subdivision 9d.

47.14 	Sec. 44. Minnesota Statutes 2006, section 245C.301, is amended to read:
47.15 	245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.
47.16 	(a) Except as provided under paragraph paragraphs (b) and (c), if required by the 
47.17 	commissioner, family child care providers and child care centers must provide a written 
47.18 	notification to parents considering enrollment of a child or parents of a child attending the 
47.19 	family child care or child care center if the program employs or has living in the home any 
47.20 	individual who is the subject of either a set-aside or variance.
47.21 	(b) Notwithstanding paragraph (a), family child care license holders are not required 
47.22 	to disclose that the program has an individual living in the home who is the subject of a 
47.23 	set-aside or variance if: 
47.24 	(1) the household member resides in the residence where the family child care is 
47.25 	provided; 
47.26 	(2) the subject of the set-aside or variance is under the age of 18 years; and  
47.27 	(3) the set-aside or variance relates to a disqualification under section 245C.15, 
47.28 	subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.
47.29 	(c) The notice specified in paragraph (a) is not required when the period of 
47.30 	disqualification in section 245C.15, subdivisions 2 to 4, has been exceeded.

47.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

47.32 	Sec. 45. Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read:
48.1 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
48.2 	given them unless the specific content indicates otherwise:
48.3 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
48.4 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
48.5 	child maltreatment report that does not allege substantial child endangerment. Family 
48.6 	assessment does not include a determination as to whether child maltreatment occurred 
48.7 	but does determine the need for services to address the safety of family members and the 
48.8 	risk of subsequent maltreatment.
48.9 	(b) "Investigation" means fact gathering related to the current safety of a child 
48.10 	and the risk of subsequent maltreatment that determines whether child maltreatment 
48.11 	occurred and whether child protective services are needed. An investigation must be used 
48.12 	when reports involve substantial child endangerment, and for reports of maltreatment in 
48.13 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
48.14 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
48.15 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
48.16 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
48.17 	(c) "Substantial child endangerment" means a person responsible for a child's care, a 
48.18 	person who has a significant relationship to the child as defined in section 609.341, or a 
48.19 	person in a position of authority as defined in section 609.341, who by act or omission 
48.20 	commits or attempts to commit an act against a child under their care that constitutes 
48.21 	any of the following:
48.22 	(1) egregious harm as defined in section 260C.007, subdivision 14;
48.23 	(2) sexual abuse as defined in paragraph (d);
48.24 	(3) abandonment under section 260C.301, subdivision 2;
48.25 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
48.26 	child's physical or mental health, including a growth delay, which may be referred to as 
48.27 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
48.28 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
48.29 	609.195;
48.30 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
48.31 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
48.32 	609.223;
48.33 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
48.34 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
48.35 	(10) solicitation of children to engage in sexual conduct under section 609.352;
49.1 	(11) malicious punishment or neglect or endangerment of a child under section 
49.2 	609.377 or 609.378;
49.3 	(12) use of a minor in sexual performance under section 617.246; or
49.4 	(13) parental behavior, status, or condition which mandates that the county attorney 
49.5 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
49.6 	paragraph (a).
49.7 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
49.8 	child's care, by a person who has a significant relationship to the child, as defined in 
49.9 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
49.10 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
49.11 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
49.12 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
49.13 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
49.14 	abuse also includes any act which involves a minor which constitutes a violation of 
49.15 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
49.16 	threatened sexual abuse.
49.17 	(e) "Person responsible for the child's care" means (1) an individual functioning 
49.18 	within the family unit and having responsibilities for the care of the child such as a 
49.19 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
49.20 	functioning outside the family unit and having responsibilities for the care of the child 
49.21 	such as a teacher, school administrator, other school employees or agents, or other lawful 
49.22 	custodian of a child having either full-time or short-term care responsibilities including, 
49.23 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
49.24 	and coaching.
49.25 	(f) "Neglect" means:
49.26 	(1) failure by a person responsible for a child's care to supply a child with necessary 
49.27 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
49.28 	mental health when reasonably able to do so;
49.29 	(2) failure to protect a child from conditions or actions that seriously endanger the 
49.30 	child's physical or mental health when reasonably able to do so, including a growth delay, 
49.31 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
49.32 	is due to parental neglect;
49.33 	(3) failure to provide for necessary supervision or child care arrangements 
49.34 	appropriate for a child after considering factors as the child's age, mental ability, physical 
49.35 	condition, length of absence, or environment, when the child is unable to care for the 
49.36 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
50.1 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
50.2 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
50.3 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
50.4 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
50.5 	because the child's parent, guardian, or other person responsible for the child's care in 
50.6 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
50.7 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
50.8 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
50.9 	if a lack of medical care may cause serious danger to the child's health. This section does 
50.10 	not impose upon persons, not otherwise legally responsible for providing a child with 
50.11 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
50.12 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
50.13 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
50.14 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
50.15 	delivery or the child at birth, or medical effects or developmental delays during the child's 
50.16 	first year of life that medically indicate prenatal exposure to a controlled substance;
50.17 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
50.18 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
50.19 	person responsible for the care of the child that adversely affects the child's basic needs 
50.20 	and safety; or
50.21 	(9) emotional harm from a pattern of behavior which contributes to impaired 
50.22 	emotional functioning of the child which may be demonstrated by a substantial and 
50.23 	observable effect in the child's behavior, emotional response, or cognition that is not 
50.24 	within the normal range for the child's age and stage of development, with due regard to 
50.25 	the child's culture.
50.26 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
50.27 	inflicted by a person responsible for the child's care on a child other than by accidental 
50.28 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
50.29 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
50.30 	that have not been authorized under section 121A.67 or 245.825. 
50.31 	Abuse does not include reasonable and moderate physical discipline of a child 
50.32 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
50.33 	not include the use of reasonable force by a teacher, principal, or school employee as 
50.34 	allowed by section 121A.582. Actions which are not reasonable and moderate include, 
50.35 	but are not limited to, any of the following that are done in anger or without regard to the 
50.36 	safety of the child:
51.1 	(1) throwing, kicking, burning, biting, or cutting a child;
51.2 	(2) striking a child with a closed fist;
51.3 	(3) shaking a child under age three;
51.4 	(4) striking or other actions which result in any nonaccidental injury to a child 
51.5 	under 18 months of age;
51.6 	(5) unreasonable interference with a child's breathing;
51.7 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
51.8 	(7) striking a child under age one on the face or head;
51.9 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
51.10 	substances which were not prescribed for the child by a practitioner, in order to control or 
51.11 	punish the child; or other substances that substantially affect the child's behavior, motor 
51.12 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
51.13 	child to medical procedures that would be unnecessary if the child were not exposed 
51.14 	to the substances;
51.15 	(9) unreasonable physical confinement or restraint not permitted under section 
51.16 	609.379, including but not limited to tying, caging, or chaining; or
51.17 	(10) in a school facility or school zone, an act by a person responsible for the child's 
51.18 	care that is a violation under section 121A.58.
51.19 	(h) "Report" means any report received by the local welfare agency, police 
51.20 	department, county sheriff, or agency responsible for assessing or investigating 
51.21 	maltreatment pursuant to this section.
51.22 	(i) "Facility" means: 
51.23 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
51.24 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
51.25 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; 
51.26 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
51.27 	124D.10; or 
51.28 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
51.29 	subdivision 16, and 256B.0625, subdivision 19a.
51.30 	(j) "Operator" means an operator or agency as defined in section 245A.02.
51.31 	(k) "Commissioner" means the commissioner of human services.
51.32 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
51.33 	not limited to employee assistance counseling and the provision of guardian ad litem and 
51.34 	parenting time expeditor services.
51.35 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
51.36 	stability of a child as evidenced by an observable or substantial impairment in the child's 
52.1 	ability to function within a normal range of performance and behavior with due regard to 
52.2 	the child's culture.
52.3 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
52.4 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
52.5 	injury includes, but is not limited to, exposing a child to a person responsible for the 
52.6 	child's care, as defined in paragraph (e), clause (1), who has:
52.7 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
52.8 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
52.9 	similar law of another jurisdiction;
52.10 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
52.11 	(4), or a similar law of another jurisdiction;
52.12 	(3) committed an act that has resulted in an involuntary termination of parental rights 
52.13 	under section 260C.301, or a similar law of another jurisdiction; or
52.14 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
52.15 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
52.16 	paragraph (d), clause (1), or a similar law of another jurisdiction.
52.17 	(o) Persons who conduct assessments or investigations under this section shall take 
52.18 	into account accepted child-rearing practices of the culture in which a child participates 
52.19 	and accepted teacher discipline practices, which are not injurious to the child's health, 
52.20 	welfare, and safety.
52.21 	(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 
52.22 	occurrence or event which:
52.23 	(1) is not likely to occur and could not have been prevented by exercise of due 
52.24 	care; and
52.25 	(2) if occurring while a child is receiving services from a facility, happens when the 
52.26 	facility and the employee or person providing services in the facility are in compliance 
52.27 	with the laws and rules relevant to the occurrence of event.

52.28 	Sec. 46. Minnesota Statutes 2006, section 626.556, subdivision 10e, is amended to 
52.29 	read:
52.30 		Subd. 10e.Determinations. (a) The local welfare agency shall conclude the family 
52.31 	assessment or the investigation within 45 days of the receipt of a report. The conclusion of 
52.32 	the assessment or investigation may be extended to permit the completion of a criminal 
52.33 	investigation or the receipt of expert information requested within 45 days of the receipt 
52.34 	of the report.
53.1 	(b) After conducting a family assessment, the local welfare agency shall determine 
53.2 	whether services are needed to address the safety of the child and other family members 
53.3 	and the risk of subsequent maltreatment.
53.4 	(c) After conducting an investigation, the local welfare agency shall make two 
53.5 	determinations: first, whether maltreatment has occurred; and second, whether child 
53.6 	protective services are needed.
53.7 	(d) If the commissioner of education conducts an assessment or investigation, 
53.8 	the commissioner shall determine whether maltreatment occurred and what corrective 
53.9 	or protective action was taken by the school facility. If a determination is made that 
53.10 	maltreatment has occurred, the commissioner shall report to the employer, the school 
53.11 	board, and any appropriate licensing entity the determination that maltreatment occurred 
53.12 	and what corrective or protective action was taken by the school facility. In all other cases, 
53.13 	the commissioner shall inform the school board or employer that a report was received, 
53.14 	the subject of the report, the date of the initial report, the category of maltreatment alleged 
53.15 	as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 
53.16 	of the specific reasons for the determination.
53.17 	(e) When maltreatment is determined in an investigation involving a facility, 
53.18 	the investigating agency shall also determine whether the facility or individual was 
53.19 	responsible, or whether both the facility and the individual were responsible for the 
53.20 	maltreatment using the mitigating factors in paragraph (i). Determinations under this 
53.21 	subdivision must be made based on a preponderance of the evidence and are private data 
53.22 	on individuals or nonpublic data as maintained by the commissioner of education.
53.23 	(f) For the purposes of this subdivision, "maltreatment" means any of the following 
53.24 	acts or omissions:
53.25 	(1) physical abuse as defined in subdivision 2, paragraph (g);
53.26 	(2) neglect as defined in subdivision 2, paragraph (f);
53.27 	(3) sexual abuse as defined in subdivision 2, paragraph (d);
53.28 	(4) mental injury as defined in subdivision 2, paragraph (m); or
53.29 	(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
53.30 	(g) For the purposes of this subdivision, a determination that child protective 
53.31 	services are needed means that the local welfare agency has documented conditions 
53.32 	during the assessment or investigation sufficient to cause a child protection worker, as 
53.33 	defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of 
53.34 	maltreatment if protective intervention is not provided and that the individuals responsible 
53.35 	for the child's care have not taken or are not likely to take actions to protect the child 
53.36 	from maltreatment or risk of maltreatment.
54.1 	(h) This subdivision does not mean that maltreatment has occurred solely because 
54.2 	the child's parent, guardian, or other person responsible for the child's care in good faith 
54.3 	selects and depends upon spiritual means or prayer for treatment or care of disease 
54.4 	or remedial care of the child, in lieu of medical care. However, if lack of medical care 
54.5 	may result in serious danger to the child's health, the local welfare agency may ensure 
54.6 	that necessary medical services are provided to the child.
54.7 	(i) When determining whether the facility or individual is the responsible party, or 
54.8 	whether both the facility and the individual are responsible for determined maltreatment in 
54.9 	a facility, the investigating agency shall consider at least the following mitigating factors:
54.10 	(1) whether the actions of the facility or the individual caregivers were according to, 
54.11 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
54.12 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
54.13 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
54.14 	directive or knew or should have known of the errors and took no reasonable measures to 
54.15 	correct the defect before administering care;
54.16 	(2) comparative responsibility between the facility, other caregivers, and 
54.17 	requirements placed upon an employee, including the facility's compliance with related 
54.18 	regulatory standards and the adequacy of facility policies and procedures, facility training, 
54.19 	an individual's participation in the training, the caregiver's supervision, and facility staffing 
54.20 	levels and the scope of the individual employee's authority and discretion; and
54.21 	(3) whether the facility or individual followed professional standards in exercising 
54.22 	professional judgment.
54.23 	(j) Individual counties may implement more detailed definitions or criteria that 
54.24 	indicate which allegations to investigate, as long as a county's policies are consistent 
54.25 	with the definitions in the statutes and rules and are approved by the county board. Each 
54.26 	local welfare agency shall periodically inform mandated reporters under subdivision 3 
54.27 	who work in the county of the definitions of maltreatment in the statutes and rules and any 
54.28 	additional definitions or criteria that have been approved by the county board.

54.29 	Sec. 47. Minnesota Statutes 2006, section 626.556, subdivision 10i, is amended to read:
54.30 		Subd. 10i.Administrative reconsideration of final determination of 
54.31 	maltreatment and disqualification based on serious or recurring maltreatment; 
54.32 	review panel. (a) Administrative reconsideration is not applicable in family assessments 
54.33 	since no determination concerning maltreatment is made. For investigations, except as 
54.34 	provided under paragraph (e), an individual or facility that the commissioner of human 
54.35 	services, a local social service agency, or the commissioner of education determines 
55.1 	has maltreated a child, an interested person acting on behalf of the child, regardless of 
55.2 	the determination, who contests the investigating agency's final determination regarding 
55.3 	maltreatment, may request the investigating agency to reconsider its final determination 
55.4 	regarding maltreatment. The request for reconsideration must be submitted in writing 
55.5 	to the investigating agency within 15 calendar days after receipt of notice of the final 
55.6 	determination regarding maltreatment or, if the request is made by an interested person 
55.7 	who is not entitled to notice, within 15 days after receipt of the notice by the parent or 
55.8 	guardian of the child. If mailed, the request for reconsideration must be postmarked and 
55.9 	sent to the investigating agency within 15 calendar days of the individual's or facility's 
55.10 	receipt of the final determination. If the request for reconsideration is made by personal 
55.11 	service, it must be received by the investigating agency within 15 calendar days after the 
55.12 	individual's or facility's receipt of the final determination. Effective January 1, 2002, an 
55.13 	individual who was determined to have maltreated a child under this section and who was 
55.14 	disqualified on the basis of serious or recurring maltreatment under sections 245C.14
55.15 	and 245C.15, may request reconsideration of the maltreatment determination and the 
55.16 	disqualification. The request for reconsideration of the maltreatment determination and 
55.17 	the disqualification must be submitted within 30 calendar days of the individual's receipt 
55.18 	of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the 
55.19 	request for reconsideration of the maltreatment determination and the disqualification 
55.20 	must be postmarked and sent to the investigating agency within 30 calendar days of the 
55.21 	individual's receipt of the maltreatment determination and notice of disqualification. If 
55.22 	the request for reconsideration is made by personal service, it must be received by the 
55.23 	investigating agency within 30 calendar days after the individual's receipt of the notice 
55.24 	of disqualification.
55.25 	(b) Except as provided under paragraphs (e) and (f), if the investigating agency 
55.26 	denies the request or fails to act upon the request within 15 working days after receiving 
55.27 	the request for reconsideration, the person or facility entitled to a fair hearing under section 
55.28 	256.045 may submit to the commissioner of human services or the commissioner of 
55.29 	education a written request for a hearing under that section. Section 256.045 also governs 
55.30 	hearings requested to contest a final determination of the commissioner of education. For 
55.31 	reports involving maltreatment of a child in a facility, an interested person acting on behalf 
55.32 	of the child may request a review by the Child Maltreatment Review Panel under section 
55.33 	256.022 if the investigating agency denies the request or fails to act upon the request or 
55.34 	if the interested person contests a reconsidered determination. The investigating agency 
55.35 	shall notify persons who request reconsideration of their rights under this paragraph. 
55.36 	The request must be submitted in writing to the review panel and a copy sent to the 
56.1 	investigating agency within 30 calendar days of receipt of notice of a denial of a request 
56.2 	for reconsideration or of a reconsidered determination. The request must specifically 
56.3 	identify the aspects of the agency determination with which the person is dissatisfied.
56.4 	(c) If, as a result of a reconsideration or review, the investigating agency changes 
56.5 	the final determination of maltreatment, that agency shall notify the parties specified in 
56.6 	subdivisions 10b, 10d, and 10f.
56.7 	(d) Except as provided under paragraph (f), if an individual or facility contests the 
56.8 	investigating agency's final determination regarding maltreatment by requesting a fair 
56.9 	hearing under section 256.045, the commissioner of human services shall assure that the 
56.10 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
56.11 	a hearing. The time for action on the decision may be extended for as many days as the 
56.12 	hearing is postponed or the record is held open for the benefit of either party.
56.13 	(e) Effective January 1, 2002, if an individual was disqualified under sections 
56.14 	245C.14 and 245C.15, on the basis of a determination of maltreatment, which was 
56.15 	serious or recurring, and the individual has requested reconsideration of the maltreatment 
56.16 	determination under paragraph (a) and requested reconsideration of the disqualification 
56.17 	under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and 
56.18 	reconsideration of the disqualification shall be consolidated into a single reconsideration. 
56.19 	If reconsideration of the maltreatment determination is denied or the disqualification 
56.20 	is not set aside under sections 245C.21 to 245C.27, the individual may request a fair 
56.21 	hearing under section 256.045. If an individual requests a fair hearing on the maltreatment 
56.22 	determination and the disqualification, the scope of the fair hearing shall include both the 
56.23 	maltreatment determination and the disqualification.
56.24 	(f) Effective January 1, 2002, if a maltreatment determination or a disqualification 
56.25 	based on serious or recurring maltreatment is the basis for a denial of a license under 
56.26 	section 245A.05 or a licensing sanction under section 245A.07, the license holder has the 
56.27 	right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 
56.28 	to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the 
56.29 	contested case hearing shall include the maltreatment determination, disqualification, 
56.30 	and licensing sanction or denial of a license. In such cases, a fair hearing regarding the 
56.31 	maltreatment determination and disqualification shall not be conducted under paragraph 
56.32 	(b). When a fine is based on a determination that the license holder is responsible for 
56.33 	maltreatment and the fine is issued at the same time as the maltreatment determination, if 
56.34 	the license holder appeals the maltreatment and fine, reconsideration of the maltreatment 
56.35 	determination shall not be conducted under this section  section 256.045.  Except for 
56.36 	family child care and child foster care, reconsideration of a maltreatment determination 
57.1 	as provided under this subdivision, and reconsideration of a disqualification as provided 
57.2 	under section 245C.22, shall also not be conducted when:
57.3 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
57.4 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
57.5 	or the disqualification of a license holder based on serious or recurring maltreatment; 
57.6 	(2) the denial of a license or licensing sanction is issued at the same time as the 
57.7 	maltreatment determination or disqualification; and
57.8 	(3) the license holder appeals the maltreatment determination or disqualification, and 
57.9 	denial of a license or licensing sanction. 
57.10 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
57.11 	determination or disqualification, but does not appeal the denial of a license or a licensing 
57.12 	sanction, reconsideration of the maltreatment determination shall be conducted under 
57.13 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
57.14 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
57.15 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
57.16 	10i, and 626.557, subdivision 9d.
57.17 	If the disqualified subject is an individual other than the license holder and upon 
57.18 	whom a background study must be conducted under chapter 245C, the hearings of all 
57.19 	parties may be consolidated into a single contested case hearing upon consent of all parties 
57.20 	and the administrative law judge.
57.21 	(g) For purposes of this subdivision, "interested person acting on behalf of the 
57.22 	child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 
57.23 	stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 
57.24 	determined to be the perpetrator of the maltreatment.

57.25 	Sec. 48. Minnesota Statutes 2006, section 626.557, subdivision 9c, is amended to read:
57.26 		Subd. 9c.Lead agency; notifications, dispositions, and determinations. (a) 
57.27 	Upon request of the reporter, the lead agency shall notify the reporter that it has received 
57.28 	the report, and provide information on the initial disposition of the report within five 
57.29 	business days of receipt of the report, provided that the notification will not endanger the 
57.30 	vulnerable adult or hamper the investigation.
57.31 	(b) Upon conclusion of every investigation it conducts, the lead agency shall make a 
57.32 	final disposition as defined in section 626.5572, subdivision 8. 
57.33 	(c) When determining whether the facility or individual is the responsible party for 
57.34 	substantiated maltreatment or whether both the facility and the individual are responsible 
58.1 	for substantiated maltreatment, the lead agency shall consider at least the following 
58.2 	mitigating factors:
58.3 	(1) whether the actions of the facility or the individual caregivers were in accordance 
58.4 	with, and followed the terms of, an erroneous physician order, prescription, resident 
58.5 	care plan, or directive. This is not a mitigating factor when the facility or caregiver is 
58.6 	responsible for the issuance of the erroneous order, prescription, plan, or directive or 
58.7 	knows or should have known of the errors and took no reasonable measures to correct the 
58.8 	defect before administering care;
58.9 	(2) the comparative responsibility between the facility, other caregivers, and 
58.10 	requirements placed upon the employee, including but not limited to, the facility's 
58.11 	compliance with related regulatory standards and factors such as the adequacy of facility 
58.12 	policies and procedures, the adequacy of facility training, the adequacy of an individual's 
58.13 	participation in the training, the adequacy of caregiver supervision, the adequacy of facility 
58.14 	staffing levels, and a consideration of the scope of the individual employee's authority; and
58.15 	(3) whether the facility or individual followed professional standards in exercising 
58.16 	professional judgment.
58.17 	(d) The lead agency shall complete its final disposition within 60 calendar days. If 
58.18 	the lead agency is unable to complete its final disposition within 60 calendar days, the lead 
58.19 	agency shall notify the following persons provided that the notification will not endanger 
58.20 	the vulnerable adult or hamper the investigation: (1) the vulnerable adult or the vulnerable 
58.21 	adult's legal guardian, when known, if the lead agency knows them to be aware of the 
58.22 	investigation and (2) the facility, where applicable. The notice shall contain the reason for 
58.23 	the delay and the projected completion date. If the lead agency is unable to complete its 
58.24 	final disposition by a subsequent projected completion date, the lead agency shall again 
58.25 	notify the vulnerable adult or the vulnerable adult's legal guardian, when known if the lead 
58.26 	agency knows them to be aware of the investigation, and the facility, where applicable, 
58.27 	of the reason for the delay and the revised projected completion date provided that the 
58.28 	notification will not endanger the vulnerable adult or hamper the investigation. A lead 
58.29 	agency's inability to complete the final disposition within 60 calendar days or by any 
58.30 	projected completion date does not invalidate the final disposition.
58.31 	(e) Within ten calendar days of completing the final disposition, the lead agency shall 
58.32 	provide a copy of the public investigation memorandum under subdivision 12b, paragraph 
58.33 	(b), clause (1), when required to be completed under this section, to the following persons: 
58.34 	(1) the vulnerable adult, or the vulnerable adult's legal guardian, if known unless the lead 
58.35 	agency knows that the notification would endanger the well-being of the vulnerable adult; 
58.36 	(2) the reporter, if the reporter requested notification when making the report, provided 
59.1 	this notification would not endanger the well-being of the vulnerable adult; (3) the alleged 
59.2 	perpetrator, if known; (4) the facility; and (5) the ombudsman for older Minnesotans, or 
59.3 	the ombudsman for mental health and developmental disabilities, as appropriate.
59.4 	(f) The lead agency shall notify the vulnerable adult who is the subject of the report 
59.5 	or the vulnerable adult's legal guardian, if known, and any person or facility determined 
59.6 	to have maltreated a vulnerable adult, of their appeal or review rights under this section 
59.7 	or section 256.021. 
59.8 	(g) The lead agency shall routinely provide investigation memoranda for 
59.9 	substantiated reports to the appropriate licensing boards. These reports must include 
59.10 	the names of substantiated perpetrators. The lead agency may not provide investigative 
59.11 	memoranda for inconclusive or false reports to the appropriate licensing boards unless the 
59.12 	lead agency's investigation gives reason to believe that there may have been a violation of 
59.13 	the applicable professional practice laws. If the investigation memorandum is provided 
59.14 	to a licensing board, the subject of the investigation memorandum shall be notified and 
59.15 	receive a summary of the investigative findings.
59.16 	(h) In order to avoid duplication, licensing boards shall consider the findings of the 
59.17 	lead agency in their investigations if they choose to investigate. This does not preclude 
59.18 	licensing boards from considering other information.
59.19 	(i) The lead agency must provide to the commissioner of human services its final 
59.20 	dispositions, including the names of all substantiated perpetrators. The commissioner of 
59.21 	human services shall establish records to retain the names of substantiated perpetrators.

59.22 	Sec. 49. Minnesota Statutes 2006, section 626.557, subdivision 9d, is amended to read:
59.23 		Subd. 9d.Administrative reconsideration of final disposition of maltreatment 
59.24 	and disqualification based on serious or recurring maltreatment; review panel.
 59.25 	(a) Except as provided under paragraph (e), any individual or facility which a lead 
59.26 	agency determines has maltreated a vulnerable adult, or the vulnerable adult or an 
59.27 	interested person acting on behalf of the vulnerable adult, regardless of the lead agency's 
59.28 	determination, who contests the lead agency's final disposition of an allegation of 
59.29 	maltreatment, may request the lead agency to reconsider its final disposition. The request 
59.30 	for reconsideration must be submitted in writing to the lead agency within 15 calendar 
59.31 	days after receipt of notice of final disposition or, if the request is made by an interested 
59.32 	person who is not entitled to notice, within 15 days after receipt of the notice by the 
59.33 	vulnerable adult or the vulnerable adult's legal guardian. If mailed, the request for 
59.34 	reconsideration must be postmarked and sent to the lead agency within 15 calendar 
59.35 	days of the individual's or facility's receipt of the final disposition. If the request for 
60.1 	reconsideration is made by personal service, it must be received by the lead agency 
60.2 	within 15 calendar days of the individual's or facility's receipt of the final disposition. An 
60.3 	individual who was determined to have maltreated a vulnerable adult under this section 
60.4 	and who was disqualified on the basis of serious or recurring maltreatment under sections 
60.5 	245C.14 and 245C.15, may request reconsideration of the maltreatment determination and 
60.6 	the disqualification. The request for reconsideration of the maltreatment determination 
60.7 	and the disqualification must be submitted in writing within 30 calendar days of the 
60.8 	individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. 
60.9 	If mailed, the request for reconsideration of the maltreatment determination and the 
60.10 	disqualification must be postmarked and sent to the lead agency within 30 calendar days of 
60.11 	the individual's receipt of the notice of disqualification. If the request for reconsideration 
60.12 	is made by personal service, it must be received by the lead agency within 30 calendar 
60.13 	days after the individual's receipt of the notice of disqualification.
60.14 	(b) Except as provided under paragraphs (e) and (f), if the lead agency denies the 
60.15 	request or fails to act upon the request within 15 working days after receiving the request 
60.16 	for reconsideration, the person or facility entitled to a fair hearing under section 256.045, 
60.17 	may submit to the commissioner of human services a written request for a hearing 
60.18 	under that statute. The vulnerable adult, or an interested person acting on behalf of the 
60.19 	vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review 
60.20 	Panel under section 256.021 if the lead agency denies the request or fails to act upon the 
60.21 	request, or if the vulnerable adult or interested person contests a reconsidered disposition. 
60.22 	The lead agency shall notify persons who request reconsideration of their rights under this 
60.23 	paragraph. The request must be submitted in writing to the review panel and a copy sent 
60.24 	to the lead agency within 30 calendar days of receipt of notice of a denial of a request for 
60.25 	reconsideration or of a reconsidered disposition. The request must specifically identify the 
60.26 	aspects of the agency determination with which the person is dissatisfied.
60.27 	(c) If, as a result of a reconsideration or review, the lead agency changes the final 
60.28 	disposition, it shall notify the parties specified in subdivision 9c, paragraph (d).
60.29 	(d) For purposes of this subdivision, "interested person acting on behalf of the 
60.30 	vulnerable adult" means a person designated in writing by the vulnerable adult to act 
60.31 	on behalf of the vulnerable adult, or a legal guardian or conservator or other legal 
60.32 	representative, a proxy or health care agent appointed under chapter 145B or 145C, 
60.33 	or an individual who is related to the vulnerable adult, as defined in section 245A.02, 
60.34 	subdivision 13.
60.35 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on 
60.36 	the basis of a determination of maltreatment, which was serious or recurring, and 
61.1 	the individual has requested reconsideration of the maltreatment determination under 
61.2 	paragraph (a) and reconsideration of the disqualification under sections 245C.21 to 
61.3 	245C.27, reconsideration of the maltreatment determination and requested reconsideration 
61.4 	of the disqualification shall be consolidated into a single reconsideration. If reconsideration 
61.5 	of the maltreatment determination is denied or if the disqualification is not set aside under 
61.6 	sections 245C.21 to 245C.27, the individual may request a fair hearing under section 
61.7 	256.045. If an individual requests a fair hearing on the maltreatment determination and 
61.8 	the disqualification, the scope of the fair hearing shall include both the maltreatment 
61.9 	determination and the disqualification.
61.10 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
61.11 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
61.12 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
61.13 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
61.14 	under section 245A.08, the scope of the contested case hearing shall must include the 
61.15 	maltreatment determination, disqualification, and licensing sanction or denial of a license. 
61.16 	In such cases, a fair hearing shall must not be conducted under paragraph (b). When a fine 
61.17 	is based on a determination that the license holder is responsible for maltreatment and 
61.18 	the fine is issued at the same time as the maltreatment determination, if the license holder 
61.19 	appeals the maltreatment and fine, reconsideration of the maltreatment determination shall 
61.20 	not be conducted under this section.section 256.045. Except for family child care and 
61.21 	child foster care, reconsideration of a maltreatment determination under this subdivision, 
61.22 	and reconsideration of a disqualification under section 245C.22, must not be conducted 
61.23 	when:
61.24 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
61.25 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
61.26 	or the disqualification of a license holder based on serious or recurring maltreatment; 
61.27 	(2) the denial of a license or licensing sanction is issued at the same time as the 
61.28 	maltreatment determination or disqualification; and
61.29 	(3) the license holder appeals the maltreatment determination or disqualification, and 
61.30 	denial of a license or licensing sanction. 
61.31 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
61.32 	determination or disqualification, but does not appeal the denial of a license or a licensing 
61.33 	sanction, reconsideration of the maltreatment determination shall be conducted under 
61.34 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
61.35 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
62.1 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
62.2 	10i, and 626.557, subdivision 9d.
62.3 	If the disqualified subject is an individual other than the license holder and upon 
62.4 	whom a background study must be conducted under chapter 245C, the hearings of all 
62.5 	parties may be consolidated into a single contested case hearing upon consent of all parties 
62.6 	and the administrative law judge.
62.7 	(g) Until August 1, 2002, an individual or facility that was determined by the 
62.8 	commissioner of human services or the commissioner of health to be responsible for 
62.9 	neglect under section 626.5572, subdivision 17, after October 1, 1995, and before August 
62.10 	1, 2001, that believes that the finding of neglect does not meet an amended definition of 
62.11 	neglect may request a reconsideration of the determination of neglect. The commissioner 
62.12 	of human services or the commissioner of health shall mail a notice to the last known 
62.13 	address of individuals who are eligible to seek this reconsideration. The request for 
62.14 	reconsideration must state how the established findings no longer meet the elements of 
62.15 	the definition of neglect. The commissioner shall review the request for reconsideration 
62.16 	and make a determination within 15 calendar days. The commissioner's decision on this 
62.17 	reconsideration is the final agency action.
62.18 	(1) For purposes of compliance with the data destruction schedule under subdivision 
62.19 	12b, paragraph (d), when a finding of substantiated maltreatment has been changed as 
62.20 	a result of a reconsideration under this paragraph, the date of the original finding of a 
62.21 	substantiated maltreatment must be used to calculate the destruction date.
62.22 	(2) For purposes of any background studies under chapter 245C, when a 
62.23 	determination of substantiated maltreatment has been changed as a result of a 
62.24 	reconsideration under this paragraph, any prior disqualification of the individual under 
62.25 	chapter 245C that was based on this determination of maltreatment shall be rescinded, 
62.26 	and for future background studies under chapter 245C the commissioner must not use the 
62.27 	previous determination of substantiated maltreatment as a basis for disqualification or as a 
62.28 	basis for referring the individual's maltreatment history to a health-related licensing board 
62.29 	under section 245C.31.

62.30 	Sec. 50. Minnesota Statutes 2006, section 626.5572, subdivision 17, is amended to 
62.31 	read:
62.32 		Subd. 17.Neglect. "Neglect" means:
62.33 	(a) The failure or omission by a caregiver to supply a vulnerable adult with care or 
62.34 	services, including but not limited to, food, clothing, shelter, health care, or supervision 
62.35 	which is:
63.1 	(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or 
63.2 	mental health or safety, considering the physical and mental capacity or dysfunction of 
63.3 	the vulnerable adult; and
63.4 	(2) which is not the result of an accident or therapeutic conduct.
63.5 	(b) The absence or likelihood of absence of care or services, including but not 
63.6 	limited to, food, clothing, shelter, health care, or supervision necessary to maintain the 
63.7 	physical and mental health of the vulnerable adult which a reasonable person would deem 
63.8 	essential to obtain or maintain the vulnerable adult's health, safety, or comfort considering 
63.9 	the physical or mental capacity or dysfunction of the vulnerable adult.
63.10 	(c) For purposes of this section, a vulnerable adult is not neglected for the sole 
63.11 	reason that:
63.12 	(1) the vulnerable adult or a person with authority to make health care decisions for 
63.13 	the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, 
63.14 	or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, 
63.15 	consistent with that authority and within the boundary of reasonable medical practice, to 
63.16 	any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, 
63.17 	or treat the physical or mental condition of the vulnerable adult, or, where permitted under 
63.18 	law, to provide nutrition and hydration parenterally or through intubation; this paragraph 
63.19 	does not enlarge or diminish rights otherwise held under law by: 
63.20 	(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 
63.21 	involved family member, to consent to or refuse consent for therapeutic conduct; or
63.22 	(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or
63.23 	(2) the vulnerable adult, a person with authority to make health care decisions for the 
63.24 	vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means 
63.25 	or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu 
63.26 	of medical care, provided that this is consistent with the prior practice or belief of the 
63.27 	vulnerable adult or with the expressed intentions of the vulnerable adult;
63.28 	(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or 
63.29 	emotional dysfunction or undue influence, engages in consensual sexual contact with:
63.30 	(i) a person including a facility staff person when a consensual sexual personal 
63.31 	relationship existed prior to the caregiving relationship; or
63.32 	(ii) a personal care attendant, regardless of whether the consensual sexual personal 
63.33 	relationship existed prior to the caregiving relationship; or
63.34 	(4) an individual makes an error in the provision of therapeutic conduct to a 
63.35 	vulnerable adult which does not result in injury or harm which reasonably requires 
63.36 	medical or mental health care; or
64.1 	(5) an individual makes an error in the provision of therapeutic conduct to a 
64.2 	vulnerable adult that results in injury or harm, which reasonably requires the care of a 
64.3 	physician, and:
64.4 	(i) the necessary care is provided in a timely fashion as dictated by the condition 
64.5 	of the vulnerable adult;
64.6 	(ii) if after receiving care, the health status of the vulnerable adult can be reasonably 
64.7 	expected, as determined by the attending physician, to be restored to the vulnerable adult's 
64.8 	preexisting condition;
64.9 	(iii) the error is not part of a pattern of errors by the individual;
64.10 	(iv) if in a facility, the error is immediately reported as required under section 
64.11 	626.557, and recorded internally in the facility; 
64.12 	(v) if in a facility, the facility identifies and takes corrective action and implements 
64.13 	measures designed to reduce the risk of further occurrence of this error and similar 
64.14 	errors; and
64.15 	(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently 
64.16 	documented for review and evaluation by the facility and any applicable licensing, 
64.17 	certification, and ombudsman agency.
64.18 	(d) Nothing in this definition requires a caregiver, if regulated, to provide services 
64.19 	in excess of those required by the caregiver's license, certification, registration, or other 
64.20 	regulation.
64.21 	(e) If the findings of an investigation by a lead agency result in a determination of 
64.22 	substantiated maltreatment for the sole reason that the actions required of a facility under 
64.23 	paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the facility is subject 
64.24 	to a correction order. An individual will not be found to have neglected or maltreated the 
64.25 	vulnerable adult based solely on the facility's not having taken the actions required under 
64.26 	paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead agency's 
64.27 	determination of mitigating factors under section 626.557, subdivision 9c, paragraph (c). 

64.28 	Sec. 51.  REPEALER.
 64.29 	(a) Minnesota Statutes 2006, sections 245A.023; 245A.14, subdivisions 7, 9, 9a, 12, 
64.30 	and 13; and 245C.06, are repealed.
64.31 	(b) Minnesota Rules, parts 9502.0385; and 9503.0035, are repealed.