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 2006, 
1.9 	sections 13.46, subdivisions 2, 4; 245A.03, subdivision 2; 245A.04, subdivision 
1.10 	11, by adding subdivisions; 245A.06, subdivision 4; 245A.07, subdivisions 2a, 
1.11 	3, by adding a subdivision; 245A.08, subdivision 2a; 245A.10, subdivision 
1.12 	2; 245A.14, subdivision 8; 245A.144; 245A.1445; 245A.145, subdivision 1; 
1.13 	245A.18, subdivision 2; 245A.65, subdivision 1, by adding a subdivision; 
1.14 	245C.02, by adding a subdivision; 245C.05, subdivision 3; 245C.07; 245C.08; 
1.15 	245C.09, subdivision 1; 245C.11, by adding a subdivision; 245C.13, subdivision 
1.16 	2; 245C.14, subdivision 1; 245C.15, subdivisions 1, 2, 3, 4; 245C.16, subdivision 
1.17 	1; 245C.17, subdivisions 2, 3; 245C.21, subdivisions 2, 3; 245C.22, subdivisions 
1.18 	4, 5; 245C.24, subdivision 3; 245C.27, subdivision 1; 245C.28, subdivision 
1.19 	1; 245C.301; 256B.0919, by adding a subdivision; 256B.092, by adding a 
1.20 	subdivision; 270B.14, subdivision 1; 626.556, subdivisions 2, 10e, 10i; 626.557, 
1.21 	subdivisions 9c, 9d; 626.5572, subdivision 17; proposing coding for new law in 
1.22 	Minnesota Statutes, chapter 245A; repealing Minnesota Statutes 2006, sections 
1.23 	245A.023; 245A.14, subdivisions 7, 9, 9a, 12, 13; 245C.06; Minnesota Rules, 
1.24 	parts 9502.0385; 9503.0035.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26 	Section 1. Minnesota Statutes 2006, section 13.46, subdivision 2, is amended to read:
1.27 		Subd. 2.General. (a) Unless the data is summary data or a statute specifically 
1.28 	provides a different classification, data on individuals collected, maintained, used, or 
1.29 	disseminated by the welfare system is private data on individuals, and shall not be 
1.30 	disclosed except:
1.31 	(1) according to section 13.05;
1.32 	(2) according to court order;
2.1 	(3) according to a statute specifically authorizing access to the private data;
2.2 	(4) to an agent of the welfare system, including a law enforcement person, attorney, 
2.3 	or investigator acting for it in the investigation or prosecution of a criminal or civil 
2.4 	proceeding relating to the administration of a program;
2.5 	(5) to personnel of the welfare system who require the data to verify an individual's 
2.6 	identity; determine eligibility, amount of assistance, and the need to provide services to 
2.7 	an individual or family across programs; evaluate the effectiveness of programs; assess 
2.8 	parental contribution amounts; and investigate suspected fraud;
2.9 	(6) to administer federal funds or programs;
2.10 	(7) between personnel of the welfare system working in the same program;
2.11 	(8) to the Department of Revenue to assess parental contribution amounts for 
2.12 	purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit 
2.13 	programs and to identify individuals who may benefit from these programs. The following 
2.14 	information may be disclosed under this paragraph: an individual's and their dependent's 
2.15 	names, dates of birth, Social Security numbers, income, addresses, and other data as 
2.16 	required, upon request by the Department of Revenue. Disclosures by the commissioner 
2.17 	of revenue to the commissioner of human services for the purposes described in this clause 
2.18 	are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 
2.19 	but are not limited to, the dependent care credit under section 290.067, the Minnesota 
2.20 	working family credit under section 290.0671, the property tax refund and rental credit 
2.21 	under section 290A.04, and the Minnesota education credit under section 290.0674;
2.22 	(9) between the Department of Human Services, the Department of Education, 
2.23 	and the Department of Employment and Economic Development for the purpose of 
2.24 	monitoring, and when applicable, the Department of Education, for the following purposes:
2.25 	(i) to monitor the eligibility of the data subject for unemployment benefits, for any 
2.26 	employment or training program administered, supervised, or certified by that agency, 
2.27 	for the purpose of administering;
2.28 	(ii) to administer any rehabilitation program or child care assistance program, 
2.29 	whether alone or in conjunction with the welfare system, or;
2.30 	(iii) to monitor and evaluate the Minnesota family investment program by 
2.31 	exchanging data on recipients and former recipients of food support, cash assistance under 
2.32 	chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical 
2.33 	programs under chapter 256B, 256D, or 256L; and
2.34 	(iv) to analyze public assistance employment services and program utilization, 
2.35 	cost, effectiveness, and outcomes as implemented under the authority established in Title 
2.36 	II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 
3.1 	1999. Health records governed by section 144.335 and "protected health information" as 
3.2 	defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code 
3.3 	of Federal Regulations, title 45, parts 160-164, including health care claims utilization 
3.4 	information, must not be exchanged under this clause;
3.5 	(10) to appropriate parties in connection with an emergency if knowledge of 
3.6 	the information is necessary to protect the health or safety of the individual or other 
3.7 	individuals or persons;
3.8 	(11) data maintained by residential programs as defined in section 245A.02 may 
3.9 	be disclosed to the protection and advocacy system established in this state according 
3.10 	to Part C of Public Law 98-527 to protect the legal and human rights of persons with 
3.11 	developmental disabilities or other related conditions who live in residential facilities for 
3.12 	these persons if the protection and advocacy system receives a complaint by or on behalf 
3.13 	of that person and the person does not have a legal guardian or the state or a designee of 
3.14 	the state is the legal guardian of the person;
3.15 	(12) to the county medical examiner or the county coroner for identifying or locating 
3.16 	relatives or friends of a deceased person;
3.17 	(13) data on a child support obligor who makes payments to the public agency 
3.18 	may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 
3.19 	determine eligibility under section 136A.121, subdivision 2, clause (5);
3.20 	(14) participant Social Security numbers and names collected by the telephone 
3.21 	assistance program may be disclosed to the Department of Revenue to conduct an 
3.22 	electronic data match with the property tax refund database to determine eligibility under 
3.23 	section 237.70, subdivision 4a;
3.24 	(15) the current address of a Minnesota family investment program participant 
3.25 	may be disclosed to law enforcement officers who provide the name of the participant 
3.26 	and notify the agency that:
3.27 	(i) the participant:
3.28 	(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 
3.29 	conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 
3.30 	jurisdiction from which the individual is fleeing; or
3.31 	(B) is violating a condition of probation or parole imposed under state or federal law;
3.32 	(ii) the location or apprehension of the felon is within the law enforcement officer's 
3.33 	official duties; and
3.34 	(iii) the request is made in writing and in the proper exercise of those duties;
3.35 	(16) the current address of a recipient of general assistance or general assistance 
3.36 	medical care may be disclosed to probation officers and corrections agents who are 
4.1 	supervising the recipient and to law enforcement officers who are investigating the 
4.2 	recipient in connection with a felony level offense;
4.3 	(17) information obtained from food support applicant or recipient households may 
4.4 	be disclosed to local, state, or federal law enforcement officials, upon their written request, 
4.5 	for the purpose of investigating an alleged violation of the Food Stamp Act, according 
4.6 	to Code of Federal Regulations, title 7, section 272.1(c);
4.7 	(18) the address, Social Security number, and, if available, photograph of any 
4.8 	member of a household receiving food support shall be made available, on request, to a 
4.9 	local, state, or federal law enforcement officer if the officer furnishes the agency with the 
4.10 	name of the member and notifies the agency that:
4.11 	(i) the member:
4.12 	(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 
4.13 	crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
4.14 	(B) is violating a condition of probation or parole imposed under state or federal 
4.15 	law; or
4.16 	(C) has information that is necessary for the officer to conduct an official duty related 
4.17 	to conduct described in subitem (A) or (B);
4.18 	(ii) locating or apprehending the member is within the officer's official duties; and
4.19 	(iii) the request is made in writing and in the proper exercise of the officer's official 
4.20 	duty;
4.21 	(19) the current address of a recipient of Minnesota family investment program, 
4.22 	general assistance, general assistance medical care, or food support may be disclosed to 
4.23 	law enforcement officers who, in writing, provide the name of the recipient and notify the 
4.24 	agency that the recipient is a person required to register under section 243.166, but is not 
4.25 	residing at the address at which the recipient is registered under section 243.166;
4.26 	(20) certain information regarding child support obligors who are in arrears may be 
4.27 	made public according to section 518A.74;
4.28 	(21) data on child support payments made by a child support obligor and data on 
4.29 	the distribution of those payments excluding identifying information on obligees may be 
4.30 	disclosed to all obligees to whom the obligor owes support, and data on the enforcement 
4.31 	actions undertaken by the public authority, the status of those actions, and data on the 
4.32 	income of the obligor or obligee may be disclosed to the other party;
4.33 	(22) data in the work reporting system may be disclosed under section 256.998, 
4.34 	subdivision 7;
4.35 	(23) to the Department of Education for the purpose of matching Department of 
4.36 	Education student data with public assistance data to determine students eligible for free 
5.1 	and reduced price meals, meal supplements, and free milk according to United States 
5.2 	Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 
5.3 	state funds that are distributed based on income of the student's family; and to verify 
5.4 	receipt of energy assistance for the telephone assistance plan;
5.5 	(24) the current address and telephone number of program recipients and emergency 
5.6 	contacts may be released to the commissioner of health or a local board of health as 
5.7 	defined in section 145A.02, subdivision 2, when the commissioner or local board of health 
5.8 	has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 
5.9 	risk of illness, and the data are necessary to locate the person;
5.10 	(25) to other state agencies, statewide systems, and political subdivisions of this 
5.11 	state, including the attorney general, and agencies of other states, interstate information 
5.12 	networks, federal agencies, and other entities as required by federal regulation or law for 
5.13 	the administration of the child support enforcement program;
5.14 	(26) to personnel of public assistance programs as defined in section 256.741, for 
5.15 	access to the child support system database for the purpose of administration, including 
5.16 	monitoring and evaluation of those public assistance programs;
5.17 	(27) to monitor and evaluate the Minnesota family investment program by 
5.18 	exchanging data between the Departments of Human Services and Education, on 
5.19 	recipients and former recipients of food support, cash assistance under chapter 256, 256D, 
5.20 	256J, or 256K, child care assistance under chapter 119B, or medical programs under 
5.21 	chapter 256B, 256D, or 256L;
5.22 	(28) to evaluate child support program performance and to identify and prevent 
5.23 	fraud in the child support program by exchanging data between the Department of Human 
5.24 	Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 
5.25 	and (b), without regard to the limitation of use in paragraph (c), Department of Health, 
5.26 	Department of Employment and Economic Development, and other state agencies as is 
5.27 	reasonably necessary to perform these functions; or
5.28 	(29) counties operating child care assistance programs under chapter 119B may 
5.29 	disseminate data on program participants, applicants, and providers to the commissioner 
5.30 	of education.
5.31 	(b) Information on persons who have been treated for drug or alcohol abuse may 
5.32 	only be disclosed according to the requirements of Code of Federal Regulations, title 
5.33 	42, sections 2.1 to 2.67.
5.34 	(c) Data provided to law enforcement agencies under paragraph (a), clause (15), 
5.35 	(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 
6.1 	nonpublic while the investigation is active. The data are private after the investigation 
6.2 	becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
6.3 	(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is 
6.4 	not subject to the access provisions of subdivision 10, paragraph (b).
6.5 	For the purposes of this subdivision, a request will be deemed to be made in writing 
6.6 	if made through a computer interface system.

6.7 	Sec. 2. Minnesota Statutes 2006, section 13.46, subdivision 4, is amended to read:
6.8 		Subd. 4.Licensing data. (a) As used in this subdivision:
6.9 	(1) "licensing data" means all data collected, maintained, used, or disseminated by 
6.10 	the welfare system pertaining to persons licensed or registered or who apply for licensure 
6.11 	or registration or who formerly were licensed or registered under the authority of the 
6.12 	commissioner of human services;
6.13 	(2) "client" means a person who is receiving services from a licensee or from an 
6.14 	applicant for licensure; and
6.15 	(3) "personal and personal financial data" means Social Security numbers, identity 
6.16 	of and letters of reference, insurance information, reports from the Bureau of Criminal 
6.17 	Apprehension, health examination reports, and social/home studies.
6.18 	(b)(1) Except as provided in paragraph (c), the following data on currentapplicants, 
6.19 	license holders, and former licensees are public: name, address, telephone number of 
6.20 	licensees, date of receipt of a completed application, dates of licensure, licensed capacity, 
6.21 	type of client preferred, variances granted, record of training and education in child care 
6.22 	and child development, type of dwelling, name and relationship of other family members, 
6.23 	previous license history, class of license, the existence and status of complaints, and the 
6.24 	number of serious injuries to or deaths of individuals in the licensed program as reported 
6.25 	to the commissioner of human services, the local social services agency, or any other 
6.26 	county welfare agency. For purposes of this clause, a serious injury is one that is treated 
6.27 	by a physician. When a correction order or fine has been issued, a license is suspended, 
6.28 	immediately suspended, revoked, denied, or made conditional, or a complaint is resolved, 
6.29 	the following data on current and former licensees and applicants are public: the substance 
6.30 	and investigative findings of the licensing or maltreatment complaint, licensing violation, 
6.31 	or substantiated maltreatment; the record of informal resolution of a licensing violation; 
6.32 	orders of hearing; findings of fact; conclusions of law; specifications of the final correction 
6.33 	order, fine, suspension, immediate suspension, revocation, denial, or conditional license 
6.34 	contained in the record of licensing action; and the status of any appeal of these actions.
7.1 	(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, 
7.2 	when any person subject to disqualification under section 245C.14 in connection with a 
7.3 	license to provide family day care for children, child care center services, foster care 
7.4 	for children in the provider's home, or foster care or day care services for adults in the 
7.5 	provider's home is a substantiated perpetrator of maltreatment, and the substantiated 
7.6 	maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator 
7.7 	of maltreatment is public data. For purposes of this clause, a person is a substantiated 
7.8 	perpetrator if the maltreatment determination has been upheld under section 256.045; 
7.9 	626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or 
7.10 	facility has not timely exercised appeal rights under these sections.
7.11 	(3) For applicants who withdraw their application prior to licensure or denial of a 
7.12 	license, the following data are public: the name of the applicant, the city and county in 
7.13 	which the applicant was seeking licensure, the dates of the commissioner's receipt of the 
7.14 	initial application and completed application, the type of license sought, and the date 
7.15 	of withdrawal of the application.
7.16 	(4) For applicants who are denied a license, the following data are public: the name 
7.17 	and address of the applicant, the city and county in which the applicant was seeking 
7.18 	licensure, the dates of the commissioner's receipt of the initial application and completed 
7.19 	application, the type of license sought, the date of denial of the application, the nature of 
7.20 	the basis for the denial, the record of informal resolution of a denial, orders of hearings, 
7.21 	findings of fact, conclusions of law, specifications of the final order of denial, and the 
7.22 	status of any appeal of the denial.
7.23 	(5) The following data on persons subject to disqualification under section 245C.14
7.24 	in connection with a license to provide family day care for children, child care center 
7.25 	services, foster care for children in the provider's home, or foster care or day care services 
7.26 	for adults in the provider's home, are public: the nature of any disqualification set 
7.27 	aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the 
7.28 	disqualification; the nature of any disqualification for which a variance was granted under 
7.29 	sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance 
7.30 	under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person 
7.31 	subject to a background study under section 245C.03, subdivision 1, has successfully 
7.32 	passed a background study.
7.33 	(6) When maltreatment is substantiated under section 626.556 or 626.557 and the 
7.34 	victim and the substantiated perpetrator are affiliated with a program licensed under 
7.35 	chapter 245A, the commissioner of human services, local social services agency, or 
8.1 	county welfare agency may inform the license holder where the maltreatment occurred of 
8.2 	the identity of the substantiated perpetrator and the victim.
8.3 	(7) Notwithstanding clause (1), for child foster care, only the name of the license 
8.4 	holder and the status of the license are public if the county attorney has requested that data 
8.5 	otherwise classified as public data under clause (1) be considered private data based on the 
8.6 	best interests of a child in placement in a licensed program.
8.7 	(c) The following are private data on individuals under section 13.02, subdivision 
8.8 	12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial 
8.9 	data on family day care program and family foster care program applicants and licensees 
8.10 	and their family members who provide services under the license.
8.11 	(d) The following are private data on individuals: the identity of persons who have 
8.12 	made reports concerning licensees or applicants that appear in inactive investigative data, 
8.13 	and the records of clients or employees of the licensee or applicant for licensure whose 
8.14 	records are received by the licensing agency for purposes of review or in anticipation of 
8.15 	a contested matter. The names of reporters under sections 626.556 and 626.557 may be 
8.16 	disclosed only as provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.
8.17 	(e) Data classified as private, confidential, nonpublic, or protected nonpublic under 
8.18 	this subdivision become public data if submitted to a court or administrative law judge as 
8.19 	part of a disciplinary proceeding in which there is a public hearing concerning a license 
8.20 	which has been suspended, immediately suspended, revoked, or denied.
8.21 	(f) Data generated in the course of licensing investigations that relate to an alleged 
8.22 	violation of law are investigative data under subdivision 3.
8.23 	(g) Data that are not public data collected, maintained, used, or disseminated under 
8.24 	this subdivision that relate to or are derived from a report as defined in section 626.556, 
8.25 	subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of 
8.26 	sections 626.556, subdivision 11c, and 626.557, subdivision 12b.
8.27 	(h) Upon request, not public data collected, maintained, used, or disseminated under 
8.28 	this subdivision that relate to or are derived from a report of substantiated maltreatment as 
8.29 	defined in section 626.556 or 626.557 may be exchanged with the Department of Health 
8.30 	for purposes of completing background studies pursuant to section 144.057 and with 
8.31 	the Department of Corrections for purposes of completing background studies pursuant 
8.32 	to section 241.021.
8.33 	(i) Data on individuals collected according to licensing activities under chapters 
8.34 	245A and 245C, and data on individuals collected by the commissioner of human services 
8.35 	according to maltreatment investigations under sections 626.556 and 626.557, may be 
8.36 	shared with the Department of Human Rights, the Department of Health, the Department 
9.1 	of Corrections, the Ombudsman for Mental Health and Developmental Disabilities, and 
9.2 	the individual's professional regulatory board when there is reason to believe that laws or 
9.3 	standards under the jurisdiction of those agencies may have been violated.
9.4 	(j) In addition to the notice of determinations required under section 626.556, 
9.5 	subdivision 10f, if the commissioner or the local social services agency has determined 
9.6 	that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 
9.7 	abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social 
9.8 	services agency knows that the individual is a person responsible for a child's care in 
9.9 	another facility, the commissioner or local social services agency shall notify the head 
9.10 	of that facility of this determination. The notification must include an explanation of the 
9.11 	individual's available appeal rights and the status of any appeal. If a notice is given under 
9.12 	this paragraph, the government entity making the notification shall provide a copy of the 
9.13 	notice to the individual who is the subject of the notice.
9.14 	(k) All not public data collected, maintained, used, or disseminated under this 
9.15 	subdivision and subdivision 3 may be exchanged between the Department of Human 
9.16 	Services, Licensing Division, and the Department of Corrections for purposes of 
9.17 	regulating services for which the Department of Human Services and the Department 
9.18 	of Corrections have regulatory authority.

9.19 	Sec. 3. Minnesota Statutes 2006, section 245A.03, subdivision 2, is amended to read:
9.20 		Subd. 2.Exclusion from licensure. (a) This chapter does not apply to:
9.21 	(1) residential or nonresidential programs that are provided to a person by an 
9.22 	individual who is related unless the residential program is a child foster care placement 
9.23 	made by a local social services agency or a licensed child-placing agency, except as 
9.24 	provided in subdivision 2a;
9.25 	(2) nonresidential programs that are provided by an unrelated individual to persons 
9.26 	from a single related family;
9.27 	(3) residential or nonresidential programs that are provided to adults who do 
9.28 	not abuse chemicals or who do not have a chemical dependency, a mental illness, a 
9.29 	developmental disability, a functional impairment, or a physical disability;
9.30 	(4) sheltered workshops or work activity programs that are certified by the 
9.31 	commissioner of economic security;
9.32 	(5) programs operated by a public school for children 33 months or older;
9.33 	(6) nonresidential programs primarily for children that provide care or supervision 
9.34 	for periods of less than three hours a day while the child's parent or legal guardian is in 
10.1 	the same building as the nonresidential program or present within another building that is 
10.2 	directly contiguous to the building in which the nonresidential program is located;
10.3 	(7) nursing homes or hospitals licensed by the commissioner of health except as 
10.4 	specified under section 245A.02;
10.5 	(8) board and lodge facilities licensed by the commissioner of health that provide 
10.6 	services for five or more persons whose primary diagnosis is mental illness that do not 
10.7 	provide intensive residential treatment;
10.8 	(9) homes providing programs for persons placed there by a county or a licensed 
10.9 	agency for legal adoption, unless the adoption is not completed within two years;
10.10 	(10) programs licensed by the commissioner of corrections;
10.11 	(11) recreation programs for children or adults that are operated or approved by a 
10.12 	park and recreation board whose primary purpose is to provide social and recreational 
10.13 	activities;
10.14 	(12) programs operated by a school as defined in section 120A.22, subdivision 4, 
10.15 	whose primary purpose is to provide child care to school-age children;
10.16 	(13) Head Start nonresidential programs which operate for less than 45 days in 
10.17 	each calendar year;
10.18 	(14) noncertified boarding care homes unless they provide services for five or more 
10.19 	persons whose primary diagnosis is mental illness or a developmental disability;
10.20 	(15) programs for children such as scouting, boys clubs, girls clubs, and sports and 
10.21 	art programs, and nonresidential programs for children provided for a cumulative total of 
10.22 	less than 30 days in any 12-month period;
10.23 	(16) residential programs for persons with mental illness, that are located in hospitals;
10.24 	(17) the religious instruction of school-age children; Sabbath or Sunday schools; or 
10.25 	the congregate care of children by a church, congregation, or religious society during the 
10.26 	period used by the church, congregation, or religious society for its regular worship;
10.27 	(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 
10.28 	4630;
10.29 	(19) mental health outpatient services for adults with mental illness or children 
10.30 	with emotional disturbance;
10.31 	(20) residential programs serving school-age children whose sole purpose is cultural 
10.32 	or educational exchange, until the commissioner adopts appropriate rules;
10.33 	(21) unrelated individuals who provide out-of-home respite care services to persons 
10.34 	with developmental disabilities from a single related family for no more than 90 days in a 
10.35 	12-month period and the respite care services are for the temporary relief of the person's 
10.36 	family or legal representative;
11.1 	(22) respite care services provided as a home and community-based service to a 
11.2 	person with a developmental disability, in the person's primary residence;
11.3 	(23) community support services programs as defined in section 245.462, subdivision 
11.4 	6, and family community support services as defined in section 245.4871, subdivision 17;
11.5 	(24) the placement of a child by a birth parent or legal guardian in a preadoptive 
11.6 	home for purposes of adoption as authorized by section 259.47;
11.7 	(25) settings registered under chapter 144D which provide home care services 
11.8 	licensed by the commissioner of health to fewer than seven adults; or
11.9 	(26) consumer-directed community support service funded under the Medicaid 
11.10 	waiver for persons with developmental disabilities when the individual who provided 
11.11 	the service is:
11.12 	(i) the same individual who is the direct payee of these specific waiver funds or paid 
11.13 	by a fiscal agent, fiscal intermediary, or employer of record; and
11.14 	(ii) not otherwise under the control of a residential or nonresidential program that is 
11.15 	required to be licensed under this chapter when providing the service.
11.16 	(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a 
11.17 	building in which a nonresidential program is located if it shares a common wall with the 
11.18 	building in which the nonresidential program is located or is attached to that building by 
11.19 	skyway, tunnel, atrium, or common roof.
11.20 	(c) Nothing in this chapter shall be construed to require licensure for any services 
11.21 	provided and funded according to an approved federal waiver plan where licensure is 
11.22 	specifically identified as not being a condition for the services and funding.

11.23 	Sec. 4. Minnesota Statutes 2006, section 245A.04, subdivision 11, is amended to read:
11.24 		Subd. 11.Education program; additional requirement. (a) The education 
11.25 	program offered in a residential or nonresidential program, except for child care, foster 
11.26 	care, or services for adults, must be approved by the commissioner of education before the 
11.27 	commissioner of human services may grant a license to the program.
11.28 	(b) A residential program licensed by the commissioner of human services under 
11.29 	Minnesota Rules, parts 9545.0905 to 9545.1125 or 9545.1400 to 9545.1480 2960.0010 to 
11.30 	2960.0710, may serve persons through the age of 19 when:
11.31 	(1) the admission or continued stay is necessary for a person to complete a secondary 
11.32 	school program or its equivalent, or it is necessary to facilitate a transition period after 
11.33 	completing the secondary school program or its equivalent for up to four months in order 
11.34 	for the resident to obtain other living arrangements;
12.1 	(2) the facility develops policies, procedures, and plans required under section 
12.2 	245A.65; 
12.3 	(3) the facility documents an assessment of the 18- or 19-year-old person's risk 
12.4 	of victimizing children residing in the facility, and develops necessary risk reduction 
12.5 	measures, including sleeping arrangements, to minimize any risk of harm to children; and
12.6 	(4) notwithstanding the license holder's target population age range, whenever 
12.7 	persons age 18 or 19 years old are receiving residential services, the age difference among 
12.8 	residents may not exceed five years.
12.9 	(c) Nothing in this paragraph precludes the license holder from seeking other 
12.10 	variances under subdivision 9.

12.11 	Sec. 5. Minnesota Statutes 2006, section 245A.04, is amended by adding a subdivision 
12.12 	to read:
12.13 		Subd. 14.Policies and procedures for program administration required and 
12.14 	enforceable. (a) The license holder shall develop program policies and procedures 
12.15 	necessary to maintain compliance with licensing requirements under Minnesota Statutes 
12.16 	and Minnesota Rules.
12.17 	(b) The license holder shall:
12.18 	(1) provide training to program staff related to their duties in implementing the 
12.19 	program's policies and procedures developed under paragraph (a);
12.20 	(2) document the provision of this training; and
12.21 	(3) monitor implementation of policies and procedures by program staff.
12.22 	(c) The license holder shall keep program policies and procedures readily accessible 
12.23 	to staff and index the policies and procedures with a table of contents or another method 
12.24 	approved by the commissioner.

12.25 	Sec. 6. Minnesota Statutes 2006, section 245A.04, is amended by adding a subdivision 
12.26 	to read:
12.27 		Subd. 15.Pandemic planning. Upon request, the license holder must cooperate 
12.28 	with state and local government disaster planning agencies working to prepare for or react 
12.29 	to emergencies presented by a pandemic outbreak.

12.30 	Sec. 7. Minnesota Statutes 2006, section 245A.06, subdivision 4, is amended to read:
12.31 		Subd. 4.Notice of conditional license; reconsideration of conditional license. If 
12.32 	a license is made conditional, the license holder must be notified of the order by certified 
12.33 	mail or personal service. If mailed, the notice must be mailed to the address shown on 
13.1 	the application or the last known address of the license holder. The notice must state the 
13.2 	reasons the conditional license was ordered and must inform the license holder of the right 
13.3 	to request reconsideration of the conditional license by the commissioner. The license 
13.4 	holder may request reconsideration of the order of conditional license by notifying the 
13.5 	commissioner by certified mail or personal service. The request must be made in writing. 
13.6 	If sent by certified mail, the request must be postmarked and sent to the commissioner 
13.7 	within ten calendar days after the license holder received the order. If a request is made by 
13.8 	personal service, it must be received by the commissioner within ten calendar days after 
13.9 	the license holder received the order. The license holder may submit with the request for 
13.10 	reconsideration written argument or evidence in support of the request for reconsideration. 
13.11 	A timely request for reconsideration shall stay imposition of the terms of the conditional 
13.12 	license until the commissioner issues a decision on the request for reconsideration. If 
13.13 	the commissioner issues a dual order of conditional license under this section and an 
13.14 	order to pay a fine under section 245A.07, subdivision 3, the license holder has a right 
13.15 	to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 
13.16 	to 1400.8612. The scope of the contested case hearing shall include the fine and the 
13.17 	conditional license. In this case, a reconsideration of the conditional license will not be 
13.18 	conducted under this section. If the license holder does not appeal the fine, the license 
13.19 	holder does not have a right to a contested case hearing and a reconsideration of the 
13.20 	conditional license must be conducted under this subdivision.
13.21 	The commissioner's disposition of a request for reconsideration is final and not 
13.22 	subject to appeal under chapter 14.

13.23 	Sec. 8. Minnesota Statutes 2006, section 245A.07, subdivision 2a, is amended to read:
13.24 		Subd. 2a.Immediate suspension expedited hearing. (a) Within five working days 
13.25 	of receipt of the license holder's timely appeal, the commissioner shall request assignment 
13.26 	of an administrative law judge. The request must include a proposed date, time, and place 
13.27 	of a hearing. A hearing must be conducted by an administrative law judge within 30 
13.28 	calendar days of the request for assignment, unless an extension is requested by either 
13.29 	party and granted by the administrative law judge for good cause. The commissioner shall 
13.30 	issue a notice of hearing by certified mail or personal service at least ten working days 
13.31 	before the hearing. The scope of the hearing shall be limited solely to the issue of whether 
13.32 	the temporary immediate suspension should remain in effect pending the commissioner's 
13.33 	final order under section 245A.08, regarding a licensing sanction issued under subdivision 
13.34 	3 following the immediate suspension. The burden of proof in expedited hearings under 
13.35 	this subdivision shall be limited to the commissioner's demonstration that reasonable 
14.1 	cause exists to believe that the license holder's actions or failure to comply with applicable 
14.2 	law or rule poses, or if the actions of other individuals or conditions in the program poses
14.3 	an imminent risk of harm to the health, safety, or rights of persons served by the program. 
14.4 	(b) The administrative law judge shall issue findings of fact, conclusions, and a 
14.5 	recommendation within ten working days from the date of hearing. The parties shall have 
14.6 	ten calendar days to submit exceptions to the administrative law judge's report. The 
14.7 	record shall close at the end of the ten-day period for submission of exceptions. The 
14.8 	commissioner's final order shall be issued within ten working days from the close of the 
14.9 	record. Within 90 calendar days after a final order affirming an immediate suspension, the 
14.10 	commissioner shall make a determination regarding whether a final licensing sanction 
14.11 	shall be issued under subdivision 3. The license holder shall continue to be prohibited 
14.12 	from operation of the program during this 90-day period.
14.13 	(c) When the final order under paragraph (b) affirms an immediate suspension, and a 
14.14 	final licensing sanction is issued under subdivision 3 and the license holder appeals that 
14.15 	sanction, the license holder continues to be prohibited from operation of the program 
14.16 	pending a final commissioner's order under section 245A.08, subdivision 5, regarding the 
14.17 	final licensing sanction. 

14.18 	Sec. 9. Minnesota Statutes 2006, section 245A.07, subdivision 3, is amended to read:
14.19 		Subd. 3.License suspension, revocation, or fine. (a) The commissioner may 
14.20 	suspend or revoke a license, or impose a fine if a license holder fails to comply fully with 
14.21 	applicable laws or rules, if a license holder or, a controlling individual, an individual 
14.22 	living in the household where the licensed services are provided or is otherwise subject 
14.23 	to a background study has a disqualification which has not been set aside under section 
14.24 	245C.22, or if a license holder knowingly withholds relevant information from or gives 
14.25 	false or misleading information to the commissioner in connection with an application for 
14.26 	a license, in connection with the background study status of an individual, or during an 
14.27 	investigation, or regarding compliance with applicable laws or rules. A license holder 
14.28 	who has had a license suspended, revoked, or has been ordered to pay a fine must be 
14.29 	given notice of the action by certified mail or personal service. If mailed, the notice 
14.30 	must be mailed to the address shown on the application or the last known address of the 
14.31 	license holder. The notice must state the reasons the license was suspended, revoked, or 
14.32 	a fine was ordered.
14.33 	(b) If the license was suspended or revoked, the notice must inform the license 
14.34 	holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, 
14.35 	parts 1400.8505 to 1400.8612. The license holder may appeal an order suspending or 
15.1 	revoking a license. The appeal of an order suspending or revoking a license must be made 
15.2 	in writing by certified mail or personal service. If mailed, the appeal must be postmarked 
15.3 	and sent to the commissioner within ten calendar days after the license holder receives 
15.4 	notice that the license has been suspended or revoked. If a request is made by personal 
15.5 	service, it must be received by the commissioner within ten calendar days after the license 
15.6 	holder received the order. Except as provided in subdivision 2a, paragraph (c), a timely 
15.7 	appeal of an order suspending or revoking a license shall stay the suspension or revocation 
15.8 	until the commissioner issues a final order.
15.9 	(c)(1) If the license holder was ordered to pay a fine, the notice must inform the 
15.10 	license holder of the responsibility for payment of fines and the right to a contested case 
15.11 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal 
15.12 	of an order to pay a fine must be made in writing by certified mail or personal service. If 
15.13 	mailed, the appeal must be postmarked and sent to the commissioner within ten calendar 
15.14 	days after the license holder receives notice that the fine has been ordered. If a request is 
15.15 	made by personal service, it must be received by the commissioner within ten calendar 
15.16 	days after the license holder received the order.
15.17 	(2) The license holder shall pay the fines assessed on or before the payment date 
15.18 	specified. If the license holder fails to fully comply with the order, the commissioner 
15.19 	may issue a second fine or suspend the license until the license holder complies. If the 
15.20 	license holder receives state funds, the state, county, or municipal agencies or departments 
15.21 	responsible for administering the funds shall withhold payments and recover any payments 
15.22 	made while the license is suspended for failure to pay a fine. A timely appeal shall stay 
15.23 	payment of the fine until the commissioner issues a final order.
15.24 	(3) A license holder shall promptly notify the commissioner of human services, 
15.25 	in writing, when a violation specified in the order to forfeit a fine is corrected. If upon 
15.26 	reinspection the commissioner determines that a violation has not been corrected as 
15.27 	indicated by the order to forfeit a fine, the commissioner may issue a second fine. The 
15.28 	commissioner shall notify the license holder by certified mail or personal service that a 
15.29 	second fine has been assessed. The license holder may appeal the second fine as provided 
15.30 	under this subdivision.
15.31 	(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for each 
15.32 	determination of maltreatment of a child under section 626.556 or the maltreatment of 
15.33 	a vulnerable adult under section 626.557; the license holder shall forfeit $200 for each 
15.34 	occurrence of a violation of law or rule governing matters of health, safety, or supervision, 
15.35 	including but not limited to the provision of adequate staff-to-child or adult ratios, and 
15.36 	failure to submit a background study; and the license holder shall forfeit $100 for each 
16.1 	occurrence of a violation of law or rule other than those subject to a $1,000 or $200 fine 
16.2 	above. For purposes of this section, "occurrence" means each violation identified in the 
16.3 	commissioner's fine order.
16.4 	(5) When a fine has been assessed, the license holder may not avoid payment by 
16.5 	closing, selling, or otherwise transferring the licensed program to a third party. In such an 
16.6 	event, the license holder will be personally liable for payment. In the case of a corporation, 
16.7 	each controlling individual is personally and jointly liable for payment.

16.8 	Sec. 10. Minnesota Statutes 2006, section 245A.07, is amended by adding a 
16.9 	subdivision to read:
16.10 		Subd. 6.Appeal of multiple sanctions. (a) When the license holder appeals more 
16.11 	than one licensing action or sanction that were simultaneously issued by the commissioner, 
16.12 	the license holder shall specify the actions or sanctions that are being appealed.
16.13 	(b) If there are different timelines prescribed in statutes for the licensing actions or 
16.14 	sanctions being appealed, the license holder must submit the appeal within the longest of 
16.15 	those timelines specified in statutes.
16.16 	(c) The appeal must be made in writing by certified mail or personal service. If 
16.17 	mailed, the appeal must be postmarked and sent to the commissioner within the prescribed 
16.18 	timeline with the first day beginning the day after the license holder receives the certified 
16.19 	letter. If a request is made by personal service, it must be received by the commissioner 
16.20 	within the prescribed timeline with the first day beginning the day after the license holder 
16.21 	receives the certified letter.
16.22 	(d) When there are different timelines prescribed in statutes for the appeal 
16.23 	of licensing actions or sanctions simultaneously issued by the commissioner, the 
16.24 	commissioner shall specify in the notice to the license holder the timeline for appeal 
16.25 	as specified under paragraph (b).

16.26 	Sec. 11. Minnesota Statutes 2006, section 245A.08, subdivision 2a, is amended to read:
16.27 		Subd. 2a.Consolidated contested case hearings. (a) When a denial of a license 
16.28 	under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is 
16.29 	based on a disqualification for which reconsideration was requested and which was not 
16.30 	set aside under section 245C.22, the scope of the contested case hearing shall include 
16.31 	the disqualification and the licensing sanction or denial of a license, unless otherwise 
16.32 	specified in this subdivision. When the licensing sanction or denial of a license is based on 
16.33 	a determination of maltreatment under section 626.556 or 626.557, or a disqualification 
16.34 	for serious or recurring maltreatment which was not set aside, the scope of the contested 
17.1 	case hearing shall include the maltreatment determination, disqualification, and the 
17.2 	licensing sanction or denial of a license, unless otherwise specified in this subdivision. 
17.3 	In such cases, a fair hearing under section 256.045 shall not be conducted as provided 
17.4 	for in sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d. When a 
17.5 	fine is based on a determination that the license holder is responsible for maltreatment 
17.6 	and the fine is issued at the same time as the maltreatment determination, if the license 
17.7 	holder appeals the maltreatment and fine, the scope of the contested case hearing shall 
17.8 	include the maltreatment determination and fine and reconsideration of the maltreatment 
17.9 	determination shall not be conducted as provided for in sections 626.556, subdivision 
17.10 	10i, and 626.557, subdivision 9d.
17.11 	(b) Except for family child care and child foster care, reconsideration of a 
17.12 	maltreatment determination under sections 626.556, subdivision 10i, and 626.557, 
17.13 	subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall 
17.14 	not be conducted when:
17.15 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
17.16 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
17.17 	or the disqualification of a license holder is based on serious or recurring maltreatment;
17.18 	(2) the denial of a license or licensing sanction is issued at the same time as the 
17.19 	maltreatment determination or disqualification; and
17.20 	(3) the license holder appeals the maltreatment determination or disqualification, 
17.21 	and denial of a license or licensing sanction. In these cases, a fair hearing shall not be 
17.22 	conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 
17.23 	9d. The scope of the contested case hearing must include the maltreatment determination, 
17.24 	disqualification, and denial of a license or licensing sanction.
17.25 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
17.26 	determination or disqualification, but does not appeal the denial of a license or a licensing 
17.27 	sanction, reconsideration of the maltreatment determination shall be conducted under 
17.28 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
17.29 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
17.30 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
17.31 	10i, and 626.557, subdivision 9d.
17.32 	(c) In consolidated contested case hearings regarding sanctions issued in family child 
17.33 	care, child foster care, family adult day services, and adult foster care, the county attorney 
17.34 	shall defend the commissioner's orders in accordance with section 245A.16, subdivision 4.
17.35 	(c) (d) The commissioner's final order under subdivision 5 is the final agency action 
17.36 	on the issue of maltreatment and disqualification, including for purposes of subsequent 
18.1 	background studies under chapter 245C and is the only administrative appeal of the final 
18.2 	agency determination, specifically, including a challenge to the accuracy and completeness 
18.3 	of data under section 13.04.
18.4 	(d) (e) When consolidated hearings under this subdivision involve a licensing 
18.5 	sanction based on a previous maltreatment determination for which the commissioner 
18.6 	has issued a final order in an appeal of that determination under section 256.045, or the 
18.7 	individual failed to exercise the right to appeal the previous maltreatment determination 
18.8 	under section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's 
18.9 	order is conclusive on the issue of maltreatment. In such cases, the scope of the 
18.10 	administrative law judge's review shall be limited to the disqualification and the licensing 
18.11 	sanction or denial of a license. In the case of a denial of a license or a licensing sanction 
18.12 	issued to a facility based on a maltreatment determination regarding an individual who is 
18.13 	not the license holder or a household member, the scope of the administrative law judge's 
18.14 	review includes the maltreatment determination.
18.15 	(e) (f) The hearings of all parties may be consolidated into a single contested case 
18.16 	hearing upon consent of all parties and the administrative law judge, if:
18.17 	(1) a maltreatment determination or disqualification, which was not set aside under 
18.18 	section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing 
18.19 	sanction under section 245A.07, and;
18.20 	(2) the disqualified subject is an individual other than the license holder and upon 
18.21 	whom a background study must be conducted under section 245C.03, the hearings of 
18.22 	all parties may be consolidated into a single contested case hearing upon consent of all 
18.23 	parties and the administrative law judge.; and
18.24 	(3) the individual has a hearing right under section 245C.27.
18.25 	(f) Notwithstanding section 245C.27, subdivision 1, paragraph (c), (g) When a denial 
18.26 	of a license under section 245A.05 or a licensing sanction under section 245A.07 is based 
18.27 	on a disqualification for which reconsideration was requested and was not set aside under 
18.28 	section 245C.22, and the disqualification was based on a conviction or an admission to any 
18.29 	crimes listed in section 245C.15 individual otherwise has no hearing right under section 
18.30 	245C.27, the scope of the administrative law judge's review shall include the denial or 
18.31 	sanction and a determination whether the disqualification should be set aside, unless 
18.32 	section 245C.24 prohibits the set-aside of the disqualification. In determining whether the 
18.33 	disqualification should be set aside, the administrative law judge shall consider the factors 
18.34 	under section 245C.22, subdivision 4, to determine whether the individual poses a risk of 
18.35 	harm to any person receiving services from the license holder.
19.1 	(g) (h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction 
19.2 	under section 245A.07 is based on the termination of a variance under section 245C.30, 
19.3 	subdivision 4, the scope of the administrative law judge's review shall include the sanction 
19.4 	and a determination whether the disqualification should be set aside, unless section 
19.5 	245C.24 prohibits the set-aside of the disqualification. In determining whether the 
19.6 	disqualification should be set aside, the administrative law judge shall consider the factors 
19.7 	under section 245C.22, subdivision 4, to determine whether the individual poses a risk of 
19.8 	harm to any person receiving services from the license holder.

19.9 	Sec. 12. Minnesota Statutes 2006, section 245A.10, subdivision 2, is amended to read:
19.10 		Subd. 2.County fees for background studies and licensing inspections. (a) For 
19.11 	purposes of family and group family child care licensing under this chapter, a county 
19.12 	agency may charge a fee to an applicant or license holder to recover the actual cost of 
19.13 	background studies, but in any case not to exceed $100 annually. A county agency may 
19.14 	also charge a fee to an applicant or license holder to recover the actual cost of licensing 
19.15 	inspections, but in any case not to exceed $150 annually.
19.16 	(b) A county agency may charge a fee to a legal nonlicensed child care provider or 
19.17 	applicant for authorization to recover the actual cost of background studies completed 
19.18 	under section  119B.125, but in any case not to exceed $100 annually. 
19.19 	(c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):
19.20 	(1) in cases of financial hardship;
19.21 	(2)  if the county has a shortage of providers in the county's area;
19.22 	(3) for new providers; or
19.23 	(4) for providers who have attained at least 16 hours of training before seeking 
19.24 	initial licensure.
19.25 	(d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on 
19.26 	an installment basis for up to one year. If the provider is receiving child care assistance 
19.27 	payments from the state, the provider may have the fees under paragraph (a) or (b) 
19.28 	deducted from the child care assistance payments for up to one year and the state shall 
19.29 	reimburse the county for the county fees collected in this manner.
19.30 	(e) For purposes of adult foster care and child foster care licensing under this 
19.31 	chapter, a county agency may charge a fee to a corporate applicant or corporate license 
19.32 	holder to recover the actual cost of background studies. A county agency may also charge 
19.33 	a fee to a corporate applicant or corporate license holder to recover the actual cost of 
19.34 	licensing inspections, not to exceed $500 annually.
20.1 	(f) Counties may elect to reduce or waive the fees in paragraph (e) under the 
20.2 	following circumstances: (1) in cases of financial hardship;  (2) if the county has a shortage 
20.3 	of providers in the county's area; or (3) for new providers.

20.4 	Sec. 13. Minnesota Statutes 2006, section 245A.14, subdivision 8, is amended to read:
20.5 		Subd. 8.Experienced aides; child care centers. (a) An individual employed as an 
20.6 	aide at a child care center may work with children without being directly supervised for an 
20.7 	amount of time that does not exceed 25 percent of the child care center's daily hours if:
20.8 	(1) a teacher is in the facility;
20.9 	(2) the individual has received within the last three years first aid training within 
20.10 	the last three years that meets the requirements under section 245A.40, subdivision 3,
20.11 	and CPR training within the last two years that meets the requirements under section 
20.12 	245A.40, subdivision 4;
20.13 	(3) the individual is at least 20 years old; and
20.14 	(4) the individual has at least 4,160 hours of child care experience as a staff member 
20.15 	in a licensed child care center or as the license holder of a family day care home, 120 days 
20.16 	of which must be in the employment of the current company.
20.17 	(b) A child care center that uses experienced aides under this subdivision must notify 
20.18 	parents or guardians by posting the notification in each classroom that uses experienced 
20.19 	aides, identifying which staff member is the experienced aide. Records of experienced 
20.20 	aide usage must be kept on-site and given to the commissioner upon request.
20.21 	(c) A child care center may not use the experienced aide provision for one year 
20.22 	following two determined experienced aide violations within a one-year period.
20.23 	(d) A child care center may use one experienced aide per every four full-time child 
20.24 	care classroom staff.

20.25 	Sec. 14. [245A.1435] REDUCTION OF RISK OF SUDDEN INFANT DEATH 
20.26 	SYNDROME IN LICENSED PROGRAMS.
20.27 	When a license holder is placing an infant to sleep, the license holder must place the 
20.28 	infant on the infant's back, unless the license holder has documentation from the infant's 
20.29 	physician directing an alternative sleeping position for the infant, and must place the infant 
20.30 	in a crib with a firm mattress. The license holder must not place pillows, quilts, comforters, 
20.31 	sheepskin, pillow-like stuffed toys, or other soft products in the crib with the infant. 
20.32 	Licensed child care providers must meet the crib requirements under section 245A.146.

21.1 	Sec. 15. Minnesota Statutes 2006, section 245A.144, is amended to read:
21.2 	245A.144 SUDDEN INFANT DEATH AND SHAKEN BABY SYNDROME
21.3 	FOR CHILD FOSTER CARE PROVIDERS.
21.4 	(a) License holdersLicensed child foster care providers that care for infants must 
21.5 	document that before staff persons, and caregivers, and helpers assist in the care of infants, 
21.6 	they are instructed on the standards in section 245A.1435 and receive training on reducing 
21.7 	the risk of sudden infant death syndrome and shaken baby syndrome. This section does not 
21.8 	apply to emergency relative foster care under section 245A.035. The training on reducing 
21.9 	the risk of sudden infant death syndrome and shaken baby syndrome may be provided as:
21.10 	(1) orientation training to child care center staff under Minnesota Rules, part 
21.11 	9503.0035, subpart 1, and to child foster care providers, who care for infants, under 
21.12 	Minnesota Rules, part 2960.3070, subpart 1; or
21.13 	(2) initial training to family and group family child care providers under Minnesota 
21.14 	Rules, part 9502.0385, subpart 2;
21.15 	(3)(2) in-service training to child care center staff under Minnesota Rules, part 
21.16 	9503.0035, subpart 4, and to child foster care providers, who care for infants, under 
21.17 	Minnesota Rules, part 2960.3070, subpart 2; or.
21.18 	(4) ongoing training to family and group family child care providers under 
21.19 	Minnesota Rules, part 9502.0385, subpart 3.
21.20 	(b) Training required under this section must be at least one hour in length and must 
21.21 	be completed at least once every five years. At a minimum, the training must address the 
21.22 	risk factors related to sudden infant death syndrome and shaken baby syndrome, means of 
21.23 	reducing the risk of sudden infant death syndrome and shaken baby syndrome in child 
21.24 	care, and license holder communication with parents regarding reducing the risk of sudden 
21.25 	infant death syndrome and shaken baby syndrome.
21.26 	(c) Training for family and group family child care providers must be approved by 
21.27 	the county licensing agency according to Minnesota Rules, part 9502.0385.
21.28 	(d)(c) Training for child foster care providers must be approved by the county 
21.29 	licensing agency and fulfills, in part, training required under Minnesota Rules, part 
21.30 	2960.3070.

21.31 	Sec. 16. [245A.1444] TRAINING ON RISK OF SUDDEN INFANT DEATH 
21.32 	SYNDROME AND SHAKEN BABY SYNDROME BY OTHER PROGRAMS.
21.33 	A licensed chemical dependency treatment program that serves clients with infants 
21.34 	who sleep at the program and a licensed children's residential facility that serves infants 
21.35 	must document that before program staff persons or volunteers assist in the care of infants, 
22.1 	they are instructed on the standards in section 245A.1435 and they receive training on 
22.2 	reducing the risk of sudden infant death syndrome and shaken baby syndrome. The 
22.3 	training conducted under this section may be used to fulfill training requirements under 
22.4 	Minnesota Rules, parts 2960.0100, subpart 3; and 9530.6490, subpart 4, item B.
22.5 	This section does not apply to child care centers or family child care programs 
22.6 	governed by sections 245A.40 and 245A.50.

22.7 	Sec. 17. Minnesota Statutes 2006, section 245A.1445, is amended to read:
22.8 	245A.1445 DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN.
22.9 	The commissioner shall make available for viewing by all licensed and legal 
22.10 	nonlicensed child care providers a video presentation on the dangers associated with 
22.11 	shaking infants and young children. The video presentation shall be part of the initial and 
22.12 	annual training of licensed child care providers. Legal nonlicensed child care providers 
22.13 	may participate at their option in a video presentation session offered under this section. 
22.14 	The commissioner shall provide to child care providers and interested individuals, at cost, 
22.15 	copies of a video approved by the commissioner of health under section 144.574 on the 
22.16 	dangers associated with shaking infants and young children.

22.17 	Sec. 18. Minnesota Statutes 2006, section 245A.145, subdivision 1, is amended to read:
22.18 		Subdivision 1.Policies and procedures. (a) All licensed child care providers must 
22.19 	develop policies and procedures for reporting suspected child maltreatment that fulfill the 
22.20 	requirements in section 626.556 and must develop policies and procedures for reporting 
22.21 	complaints about the operation of a child care program. The policies and procedures must 
22.22 	include the telephone numbers of the local county child protection agency for reporting 
22.23 	suspected maltreatment; the county licensing agency for family and group family child 
22.24 	care providers; and the state licensing agency for child care centers for reporting other 
22.25 	concerns. 
22.26 	(b) The policies and procedures required in paragraph (a) must:
22.27 	(1) be provided to the parents of all children at the time of enrollment in the child 
22.28 	care program; and
22.29 	(2) be made available upon request.

22.30 	Sec. 19. Minnesota Statutes 2006, section 245A.18, subdivision 2, is amended to read:
22.31 		Subd. 2.Child passenger restraint systems; training requirement. (a) Family 
22.32 	and group family child care, child care centers, child foster care, and other Programs 
22.33 	licensed by the Department of Human Services under Minnesota Rules, chapter 2960, that 
23.1 	serve a child or children under nine years of age must document training that fulfills the 
23.2 	requirements in this subdivision.
23.3 	(b) Before a license holder, staff person, or caregiver, or helper transports a child 
23.4 	or children under age nine in a motor vehicle, the person transporting the child must 
23.5 	satisfactorily complete training on the proper use and installation of child restraint systems 
23.6 	in motor vehicles. Training completed under this section may be used to meet initial 
23.7 	or ongoing training under the following:
23.8 	(1) Minnesota Rules, part 2960.3070, subparts 1 and 2;.
23.9 	(2) Minnesota Rules, part 9502.0385, subparts 2 and 3; and
23.10 	(3) Minnesota Rules, part 9503.0035, subparts 1 and 4.
23.11 	For all providers licensed prior to July 1, 2006, the training required in this subdivision 
23.12 	must be obtained by December 31, 2007.
23.13 	(c) Training required under this section must be at least one hour in length, 
23.14 	completed at orientation or initial training, and repeated at least once every five years. At 
23.15 	a minimum, the training must address the proper use of child restraint systems based on 
23.16 	the child's size, weight, and age, and the proper installation of a car seat or booster seat in 
23.17 	the motor vehicle used by the license holder to transport the child or children.
23.18 	(d) Training under paragraph (c) must be provided by individuals who are certified 
23.19 	and approved by the Department of Public Safety, Office of Traffic Safety. License holders 
23.20 	may obtain a list of certified and approved trainers through the Department of Public 
23.21 	Safety Web site or by contacting the agency.
23.22 	(e) Child care providers that only transport school age children as defined in section 
23.23 	245A.02, subdivision 16, in school buses as defined in section 169.01, subdivision 6, 
23.24 	clauses (1) to (4), are exempt from this subdivision.

23.25 	Sec. 20. [245A.40] CHILD CARE CENTER TRAINING REQUIREMENTS.
23.26 		Subdivision 1.Orientation. The child care center license holder must ensure that 
23.27 	every staff person and volunteer is given orientation training and successfully completes 
23.28 	the training before starting assigned duties. The orientation training in this subdivision 
23.29 	applies to volunteers who will have direct contact with or access to children and who are 
23.30 	not under the direct supervision of a staff person. Completion of the orientation must be 
23.31 	documented in the individual's personnel record. The orientation training must include 
23.32 	information about:
23.33 	(1) the center's philosophy, child care program, and procedures for maintaining 
23.34 	health and safety and handling emergencies and accidents;
23.35 	(2) specific job responsibilities;
24.1 	(3) the behavior guidance standards in Minnesota Rules, part 9503.0055; and
24.2 	(4) the reporting responsibilities in section 626.556, and Minnesota Rules, part 
24.3 	9503.0130.
24.4 		Subd. 2.Child growth and development training. (a) For purposes of child care 
24.5 	centers, the director and all staff hired after July 1, 2006, shall complete and document 
24.6 	at least two hours of child growth and development training within the first year of 
24.7 	employment. For purposes of this subdivision, "child growth and development training" 
24.8 	means training in understanding how children acquire language and develop physically, 
24.9 	cognitively, emotionally, and socially. Training completed under this subdivision may be 
24.10 	used to meet the orientation training requirements under subdivision 1 and the in-service 
24.11 	training requirements under subdivision 7.
24.12 	(b) Notwithstanding paragraph (a), individuals are exempt from this requirement if 
24.13 	they:
24.14 	(1) have taken a three-credit college course on early childhood development within 
24.15 	the past five years;
24.16 	(2) have received a baccalaureate or master's degree in early childhood education or 
24.17 	school-age child care within the past five years;
24.18 	(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood 
24.19 	educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an 
24.20 	early childhood special education teacher, or an elementary teacher with a kindergarten 
24.21 	endorsement; or
24.22 	(4) have received a baccalaureate degree with a Montessori certificate within the 
24.23 	past five years.
24.24 		Subd. 3.First aid. All teachers and assistant teachers in a child care center 
24.25 	governed by Minnesota Rules, parts 9503.0005 to 9503.0170, and at least one staff person 
24.26 	during field trips and when transporting children in care, must satisfactorily complete first 
24.27 	aid training within 90 days of the start of work, unless the training has been completed 
24.28 	within the previous three years. The first aid training must be repeated at least every three 
24.29 	years, documented in the person's personnel record and indicated on the center's staffing 
24.30 	chart, and provided by an individual approved as a first aid instructor. This training may 
24.31 	be less than eight hours.
24.32 		Subd. 4.Cardiopulmonary resuscitation. (a) When children are present in a child 
24.33 	care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, at least one staff 
24.34 	person must be present in the center who has been trained in cardiopulmonary resuscitation 
24.35 	(CPR) and in the treatment of obstructed airways. The CPR training must have been 
25.1 	provided by an individual approved to provide CPR instruction, must be repeated at least 
25.2 	once every three years, and must be documented in the staff person's records.
25.3 	(b) Cardiopulmonary resuscitation training may be provided for less than four hours.
25.4 	(c) Persons qualified to provide cardiopulmonary resuscitation training shall include 
25.5 	individuals approved as cardiopulmonary resuscitation instructors.
25.6 		Subd. 5.Sudden infant death syndrome and shaken baby syndrome training.
 25.7 	(a) License holders must document that before staff persons care for infants, they are 
25.8 	instructed on the standards in section 245A.1435 and receive training on reducing the 
25.9 	risk of sudden infant death syndrome and shaken baby syndrome. The training in this 
25.10 	subdivision may be provided as orientation training under subdivision 1 and in-service 
25.11 	training under subdivision 7.
25.12 	(b) Training required under this subdivision must be at least one hour in length and 
25.13 	must be completed at least once every five years. At a minimum, the training must address 
25.14 	the risk factors related to sudden infant death syndrome and shaken baby syndrome, 
25.15 	means of reducing the risk of sudden infant death syndrome and shaken baby syndrome in 
25.16 	child care, and license holder communication with parents regarding reducing the risk of 
25.17 	sudden infant death syndrome and shaken baby syndrome.
25.18 	(c) The commissioner shall make available for viewing a video presentation on the 
25.19 	dangers associated with shaking infants and young children. The video presentation must 
25.20 	be part of the orientation and annual in-service training of licensed child care centers. The 
25.21 	commissioner shall provide to child care providers and interested individuals, at cost, 
25.22 	copies of a video approved by the commissioner of health under section 144.574 on the 
25.23 	dangers associated with shaking infants and young children.
25.24 		Subd. 6.Child passenger restraint systems; training requirement. (a) A license 
25.25 	holder must comply with all seat belt and child passenger restraint system requirements 
25.26 	under section 169.685.
25.27 	(b) Child care centers that serve a child or children under nine years of age must 
25.28 	document training that fulfills the requirements in this subdivision.
25.29 	(1) Before a license holder transports a child or children under age nine in a motor 
25.30 	vehicle, the person placing the child or children in a passenger restraint must satisfactorily 
25.31 	complete training on the proper use and installation of child restraint systems in motor 
25.32 	vehicles. Training completed under this subdivision may be used to meet orientation 
25.33 	training under subdivision 1 and in-service training under subdivision 7.
25.34 	(2) Training required under this subdivision must be at least one hour in length, 
25.35 	completed at orientation, and repeated at least once every five years. At a minimum, the 
25.36 	training must address the proper use of child restraint systems based on the child's size, 
26.1 	weight, and age, and the proper installation of a car seat or booster seat in the motor 
26.2 	vehicle used by the license holder to transport the child or children.
26.3 	(3) Training required under this subdivision must be provided by individuals 
26.4 	who are certified and approved by the Department of Public Safety, Office of Traffic 
26.5 	Safety. License holders may obtain a list of certified and approved trainers through the 
26.6 	Department of Public Safety Web site or by contacting the agency.
26.7 	(4) Child care providers that only transport school-age children as defined in section 
26.8 	245A.02, subdivision 16, in child care buses as defined in section 169.448, subdivision 1, 
26.9 	paragraph (e), are exempt from this subdivision.
26.10 		Subd. 7.In-service. (a) A license holder must ensure that an annual in-service 
26.11 	training plan is developed and carried out and that it meets the requirements in clauses (1) 
26.12 	to (7). The in-service training plan must:
26.13 	(1) be consistent with the center's child care program plan;
26.14 	(2) meet the training needs of individual staff persons as specified in each staff 
26.15 	person's annual evaluation report;
26.16 	(3) provide training, at least one-fourth of which is by a resource not affiliated 
26.17 	with the license holder;
26.18 	(4) include Minnesota Rules, parts 9503.0005 to 9503.0170, relevant to the staff 
26.19 	person's position and must occur within two weeks of initial employment;
26.20 	(5) provide that at least one-half of the annual in-service training completed by a staff 
26.21 	person each year pertains to the age of children for which the person is providing care;
26.22 	(6) provide that no more than four hours of each annual in-service training 
26.23 	requirement relate to administration, finances, and records training for a teacher, assistant 
26.24 	teacher, or aide; and
26.25 	(7) provide that the remainder of the in-service training requirement be met by 
26.26 	participation in training in child growth and development; learning environment and 
26.27 	curriculum; assessment and planning for individual needs; interactions with children; 
26.28 	families and communities; health, safety, and nutrition; and program planning and 
26.29 	evaluation.
26.30 	(b) For purposes of this subdivision, the following terms have the meanings given 
26.31 	them.
26.32 	(1) "Child growth and development training" has the meaning given it in subdivision 
26.33 	2, paragraph (a).
26.34 	(2) "Learning environment and curriculum" means training in establishing an 
26.35 	environment that provides learning experiences to meet each child's needs, capabilities, 
26.36 	and interests, including early childhood education methods or theory, recreation, sports, 
27.1 	promoting creativity in the arts, arts and crafts methods or theory, and early childhood 
27.2 	special education methods or theory.
27.3 	(3) "Assessment and planning for individual needs" means training in observing and 
27.4 	assessing what children know and can do in order to provide curriculum and instruction 
27.5 	that addresses their developmental and learning needs, including children with special 
27.6 	needs.
27.7 	(4) "Interactions with children" means training in establishing supportive 
27.8 	relationships with children and guiding them as individuals and as part of a group, 
27.9 	including child study techniques and behavior guidance.
27.10 	(5) "Families and communities" means training in working collaboratively with 
27.11 	families, agencies, and organizations to meet children's needs and to encourage the 
27.12 	community's involvement, including family studies and parent involvement.
27.13 	(6) "Health, safety, and nutrition" means training in establishing and maintaining an 
27.14 	environment that ensures children's health, safety, and nourishment, including first aid, 
27.15 	cardiopulmonary resuscitation, child nutrition, and child abuse and neglect prevention.
27.16 	(7) "Program planning and evaluation" means training in establishing, implementing, 
27.17 	evaluating, and enhancing program operations.
27.18 	(c) The director and all program staff persons must annually complete a number of 
27.19 	hours of in-service training equal to at least two percent of the hours for which the director 
27.20 	or program staff person is annually paid, unless one of the following is applicable.
27.21 	(1) A teacher at a child care center must complete one percent of working hours of 
27.22 	in-service training annually if the teacher:
27.23 	(i) possesses a baccalaureate or master's degree in early childhood education or 
27.24 	school-age care;
27.25 	(ii) is licensed in Minnesota as a prekindergarten teacher, an early childhood 
27.26 	educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an 
27.27 	early childhood special education teacher, or an elementary teacher with a kindergarten 
27.28 	endorsement; or
27.29 	(iii) possesses a baccalaureate degree with a Montessori certificate.
27.30 	(2) A teacher or assistant teacher at a child care center must complete one and 
27.31 	one-half percent of working hours of in-service training annually if the individual is:
27.32 	(i) a registered nurse or licensed practical nurse with experience working with 
27.33 	infants;
27.34 	(ii) possesses a Montessori certificate, a technical college certificate in early 
27.35 	childhood development, or a child development associate certificate; or
28.1 	(iii) possesses an associate of arts degree in early childhood education, a 
28.2 	baccalaureate degree in child development, or a technical college diploma in early 
28.3 	childhood development.
28.4 	(d) The number of required training hours may be prorated for individuals not 
28.5 	employed full time or for an entire year.
28.6 	(e) The annual in-service training must be completed within the calendar year for 
28.7 	which it was required. In-service training completed by staff persons is transferable upon 
28.8 	a staff person's change in employment to another child care program.
28.9 	(f) The license holder must ensure that, when a staff person completes in-service 
28.10 	training, the training is documented in the staff person's personnel record. The 
28.11 	documentation must include the date training was completed, the goal of the training and 
28.12 	topics covered, trainer's name and organizational affiliation, trainer's signed statement that 
28.13 	training was successfully completed, and the director's approval of the training.
28.14 		Subd. 8.Cultural dynamics and disabilities training for child care providers.
 28.15 	(a) The training required of licensed child care center staff must include training in the 
28.16 	cultural dynamics of early childhood development and child care. The cultural dynamics 
28.17 	and disabilities training and skills development of child care providers must be designed 
28.18 	to achieve outcomes for providers of child care that include, but are not limited to:
28.19 	(1) an understanding and support of the importance of culture and differences in 
28.20 	ability in children's identity development;
28.21 	(2) understanding the importance of awareness of cultural differences and 
28.22 	similarities in working with children and their families;
28.23 	(3) understanding and support of the needs of families and children with differences 
28.24 	in ability;
28.25 	(4) developing skills to help children develop unbiased attitudes about cultural 
28.26 	differences and differences in ability;
28.27 	(5) developing skills in culturally appropriate caregiving; and
28.28 	(6) developing skills in appropriate caregiving for children of different abilities.
28.29 	(b) Curriculum for cultural dynamics and disability training shall be approved by 
28.30 	the commissioner.
28.31 	(c) The commissioner shall amend current rules relating to the training of the 
28.32 	licensed child care center staff to require cultural dynamics training. Timelines established 
28.33 	in the rule amendments for complying with the cultural dynamics training requirements 
28.34 	must be based on the commissioner's determination that curriculum materials and trainers 
28.35 	are available statewide.
29.1 	(d) For programs caring for children with special needs, the license holder shall 
29.2 	ensure that any additional staff training required by the child's individual child care 
29.3 	program plan required under Minnesota Rules, part 9503.0065, subpart 3, is provided.

29.4 	Sec. 21. [245A.50] FAMILY CHILD CARE TRAINING REQUIREMENTS.
29.5 		Subdivision 1.Initial training. (a) License holders, caregivers, and substitutes must 
29.6 	comply with the training requirements in this section.
29.7 	(b) Helpers who assist with care on a regular basis must complete six hours of 
29.8 	training within one year after the date of initial employment.
29.9 		Subd. 2.Child growth and development training. (a) For purposes of family and 
29.10 	group family child care, the license holder and each adult caregiver who provides care 
29.11 	in the licensed setting for more than 30 days in any 12-month period shall complete and 
29.12 	document at least two hours of child growth and development training within the first year 
29.13 	of licensure. For purposes of this subdivision, "child growth and development training" 
29.14 	means training in understanding how children acquire language and develop physically, 
29.15 	cognitively, emotionally, and socially.
29.16 	(b) Notwithstanding paragraph (a), individuals are exempt from this requirement if 
29.17 	they:
29.18 	(1) have taken a three-credit course on early childhood development within the 
29.19 	past five years;
29.20 	(2) have received a baccalaureate or masters degree in early childhood education or 
29.21 	school age child care within the past five years;
29.22 	(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood 
29.23 	educator, a kindergarten to grade 6 teacher with a prekindergarten specialty, an early 
29.24 	childhood special education teacher, or an elementary teacher with a kindergarten 
29.25 	endorsement; or
29.26 	(4) have received a baccalaureate degree with a Montessori certificate within the 
29.27 	past five years.
29.28 		Subd. 3.First aid. (a) When children are present in a family child care home 
29.29 	governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person 
29.30 	must be present in the home who has been trained in first aid. The first aid training must 
29.31 	have been provided by an individual approved to provide first aid instruction. First aid 
29.32 	training may be less than eight hours and persons qualified to provide first aid training 
29.33 	includes individuals approved as first aid instructors.
30.1 	(b) A family child care provider is exempt from the first aid training requirements 
30.2 	under this subdivision related to any substitute caregiver who provides less than 30 hours 
30.3 	of care during any 12-month period.
30.4 	(c) Video training reviewed and approved by the county licensing agency satisfies 
30.5 	the training requirement of this subdivision.
30.6 		Subd. 4.Cardiopulmonary resuscitation. (a) When children are present in a family 
30.7 	child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least 
30.8 	one staff person must be present in the home who has been trained in cardiopulmonary 
30.9 	resuscitation (CPR) and in the treatment of obstructed airways. The CPR training must 
30.10 	have been provided by an individual approved to provide CPR instruction, must be 
30.11 	repeated at least once every three years, and must be documented in the staff person's 
30.12 	records.
30.13 	(b) A family child care provider is exempt from the CPR training requirement in 
30.14 	this subdivision related to any substitute caregiver who provides less than 30 hours of 
30.15 	care during any 12-month period.
30.16 	(c) Video training reviewed and approved by the county licensing agency satisfies 
30.17 	the training requirement of this subdivision.
30.18 		Subd. 5.Sudden infant death syndrome and shaken baby syndrome training.
 30.19 	(a) License holders must document that before staff persons, caregivers, and helpers 
30.20 	assist in the care of infants, they are instructed on the standards in section 245A.1435 and 
30.21 	receive training on reducing the risk of sudden infant death syndrome and shaken baby 
30.22 	syndrome. The training in this subdivision may be provided as initial training under 
30.23 	subdivision 1 or ongoing training under subdivision 7.
30.24 	(b) Training required under this subdivision must be at least one hour in length and 
30.25 	must be completed at least once every five years. At a minimum, the training must address 
30.26 	the risk factors related to sudden infant death syndrome and shaken baby syndrome, 
30.27 	means of reducing the risk of sudden infant death syndrome and shaken baby syndrome in 
30.28 	child care, and license holder communication with parents regarding reducing the risk of 
30.29 	sudden infant death syndrome and shaken baby syndrome.
30.30 	(c) Training for family and group family child care providers must be approved 
30.31 	by the county licensing agency.
30.32 	(d) The commissioner shall make available for viewing by all licensed child care 
30.33 	providers a video presentation on the dangers associated with shaking infants and young 
30.34 	children. The video presentation shall be part of the initial and ongoing training of 
30.35 	licensed child care providers. The commissioner shall provide to child care providers and 
31.1 	interested individuals, at cost, copies of a video approved by the commissioner of health 
31.2 	under section 144.574 on the dangers associated with shaking infants and young children.
31.3 		Subd. 6.Child passenger restraint systems; training requirement. (a) A license 
31.4 	holder must comply with all seat belt and child passenger restraint system requirements 
31.5 	under section 169.685.
31.6 	(b) Family and group family child care programs licensed by the Department of 
31.7 	Human Services that serve a child or children under nine years of age must document 
31.8 	training that fulfills the requirements in this subdivision.
31.9 	(1) Before a license holder, staff person, caregiver, or helper transports a child or 
31.10 	children under age nine in a motor vehicle, the person placing the child or children in a 
31.11 	passenger restraint must satisfactorily complete training on the proper use and installation 
31.12 	of child restraint systems in motor vehicles. Training completed under this subdivision 
31.13 	may be used to meet initial training under subdivision 1, or ongoing training under 
31.14 	subdivision 7.
31.15 	(2) Training required under this subdivision must be at least one hour in length, 
31.16 	completed at initial training, and repeated at least once every five years. At a minimum, 
31.17 	the training must address the proper use of child restraint systems based on the child's 
31.18 	size, weight, and age, and the proper installation of a car seat or booster seat in the motor 
31.19 	vehicle used by the license holder to transport the child or children.
31.20 	(3) Training under this subdivision must be provided by individuals who are certified 
31.21 	and approved by the Department of Public Safety, Office of Traffic Safety. License holders 
31.22 	may obtain a list of certified and approved trainers through the Department of Public 
31.23 	Safety Web site or by contacting the agency.
31.24 	(c) Child care providers that only transport school age children as defined in section 
31.25 	245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448, 
31.26 	subdivision 1, paragraph (e), are exempt from this subdivision.
31.27 		Subd. 7.Training requirements for family and group family child care.
 31.28 	For purposes of family and group family child care, the license holder and each 
31.29 	primary caregiver must complete eight hours of training each year. For purposes of 
31.30 	this subdivision, a primary caregiver is an adult caregiver who provides services in the 
31.31 	licensed setting for more than 30 days in any 12-month period. Ongoing training subjects 
31.32 	must be selected from the following areas:
31.33 	(1) "child growth and development training" has the meaning given in subdivision 2, 
31.34 	paragraph (a);
32.1 	(2) "learning environment and curriculum" includes training in establishing an 
32.2 	environment and providing activities that provide learning experiences to meet each 
32.3 	child's needs, capabilities, and interests;
32.4 	(3) "assessment and planning for individual needs" includes training in observing and 
32.5 	assessing what children know and can do in order to provide curriculum and instruction 
32.6 	that addresses their developmental and learning needs, including children with special 
32.7 	needs and bilingual children or children for whom English is not their primary language;
32.8 	(4) "interactions with children" includes training in establishing supportive 
32.9 	relationships with children, guiding them as individuals and as part of a group;
32.10 	(5) "families and communities" includes training in working collaboratively with 
32.11 	families and agencies or organizations to meet children's needs and to encourage the 
32.12 	community's involvement;
32.13 	(6) "health, safety, and nutrition" includes training in establishing and maintaining an 
32.14 	environment that ensures children's health, safety, and nourishment, including child abuse, 
32.15 	maltreatment, prevention, and reporting; home and fire safety; child injury prevention; 
32.16 	communicable disease prevention and control; First Aid; and CPR; and
32.17 	(7) "program planning and evaluation" includes training in establishing, 
32.18 	implementing, evaluating, and enhancing program operations.
32.19 		Subd. 8.Other required training requirements. (a) The training required of 
32.20 	family and group family child care providers and staff must include training in the cultural 
32.21 	dynamics of early childhood development and child care. The cultural dynamics and 
32.22 	disabilities training and skills development of child care providers must be designed to 
32.23 	achieve outcomes for providers of child care that include, but are not limited to:
32.24 	(1) an understanding and support of the importance of culture and differences in 
32.25 	ability in children's identity development;
32.26 	(2) understanding the importance of awareness of cultural differences and 
32.27 	similarities in working with children and their families;
32.28 	(3) understanding and support of the needs of families and children with differences 
32.29 	in ability;
32.30 	(4) developing skills to help children develop unbiased attitudes about cultural 
32.31 	differences and differences in ability;
32.32 	(5) developing skills in culturally appropriate caregiving; and
32.33 	(6) developing skills in appropriate caregiving for children of different abilities.
32.34 	The commissioner shall approve the curriculum for cultural dynamics and disability 
32.35 	training.
33.1 	(b) The provider must meet the training requirement in section 245A.14, subdivision 
33.2 	11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child 
33.3 	care or group family child care home to use the swimming pool located at the home.

33.4 	Sec. 22. Minnesota Statutes 2006, section 245A.65, subdivision 1, is amended to read:
33.5 		Subdivision 1.License holder requirements. All license holders serving vulnerable 
33.6 	adults shall establish and enforce written policies and procedures related to suspected or 
33.7 	alleged maltreatment, and shall orient clients and mandated reporters who are under 
33.8 	the control of the license holder to these procedures, as defined in section 626.5572, 
33.9 	subdivision 16. 
33.10 	(a) License holders must establish policies and procedures allowing but not 
33.11 	mandating the internal reporting of alleged or suspected maltreatment. License holders 
33.12 	shall ensure that the policies and procedures on internal reporting:
33.13 	(1) meet all the requirements identified for the optional internal reporting policies 
33.14 	and procedures in section 626.557, subdivision 4a; and 
33.15 	(2) identify the primary and secondary person or position to whom internal reports 
33.16 	may be made and the primary and secondary person or position responsible for forwarding 
33.17 	internal reports to the common entry point as defined in section 626.5572, subdivision 5. 
33.18 	The secondary person must be involved when there is reason to believe that the primary 
33.19 	person was involved in the alleged or suspected maltreatment. 
33.20 	(b) The license holder shall:
33.21 	(1) establish and maintain policies and procedures to ensure that an internal review 
33.22 	is completed and that corrective action is taken as necessary to protect the health and 
33.23 	safety of vulnerable adults when the facility has reason to know that an internal or external 
33.24 	report of alleged or suspected maltreatment has been made. The review must include an 
33.25 	evaluation of whether related policies and procedures were followed, whether the policies 
33.26 	and procedures were adequate, whether there is a need for additional staff training, 
33.27 	whether the reported event is similar to past events with the vulnerable adults or the 
33.28 	services involved, and whether there is a need for any further corrective action to be taken
33.29 	by the facility license holder to protect the health and safety of vulnerable adults;. Based 
33.30 	on the results of this review, the license holder must develop, document, and implement a 
33.31 	corrective action plan designed to correct current lapses and prevent future lapses in 
33.32 	performance by individuals or the license holder, if any.
33.33 	(2) identify the primary and secondary person or position who will ensure that, when 
33.34 	required, internal reviews are completed. The secondary person shall be involved when 
34.1 	there is reason to believe that the primary person was involved in the alleged or suspected 
34.2 	maltreatment; and
34.3 	(3) document and make internal reviews accessible to the commissioner upon 
34.4 	the commissioner's request. The documentation provided to the commissioner by the 
34.5 	license holder may consist of a completed checklist that verifies completion of each of 
34.6 	the requirements of the review.
34.7 	(c) The license holder shall provide an orientation to the internal and external 
34.8 	reporting procedures to all persons receiving services. The orientation shall include the 
34.9 	telephone number for the license holder's common entry point as defined in section 
34.10 	626.5572, subdivision 5. If applicable, the person's legal representative must be notified of 
34.11 	the orientation. The program shall provide this orientation for each new person within 24 
34.12 	hours of admission, or for persons who would benefit more from a later orientation, the 
34.13 	orientation may take place within 72 hours. 
34.14 	(d) The license holder shall post a copy of the internal and external reporting policies 
34.15 	and procedures, including the telephone number of the common entry point as defined 
34.16 	in section 626.5572, subdivision 5, in a prominent location in the program and have it 
34.17 	available upon request to mandated reporters, persons receiving services, and the person's 
34.18 	legal representatives. 

34.19 	Sec. 23. Minnesota Statutes 2006, section 245A.65, is amended by adding a 
34.20 	subdivision to read:
34.21 		Subd. 1a.Determination of vulnerable adult status. (a) A license holder that 
34.22 	provides services to adults who are excluded from the definition of vulnerable adult under 
34.23 	section 626.5572, subdivision 21, clause (2), must determine whether the person is a 
34.24 	vulnerable adult under section 626.5572, subdivision 21, clause (4). This determination 
34.25 	must be made within 24 hours of:
34.26 	(1) admission to the licensed program; and
34.27 	(2) any incident that:
34.28 	(i) was reported under section 626.557; or
34.29 	(ii) would have been required to be reported under section 626.557, if one or more of 
34.30 	the adults involved in the incident had been vulnerable adults.
34.31 	(b) Upon determining that a person receiving services is a vulnerable adult under 
34.32 	section 626.5572, subdivision 21, clause (4), all requirements relative to vulnerable adults 
34.33 	under section 626.557 and chapter 245A must be met by the license holder.

34.34 	Sec. 24. [245A.66] REQUIREMENTS; MALTREATMENT OF MINORS.
35.1 	Except for family child care settings and foster care for children in the license 
35.2 	holder's residence, license holders serving children shall:
35.3 	(1) establish and maintain policies and procedures to ensure that an internal review 
35.4 	is completed and that corrective action is taken if necessary to protect the health and 
35.5 	safety of children in care when the facility has reason to know that an internal or external 
35.6 	report of alleged or suspected maltreatment has been made. The review must include 
35.7 	an evaluation of whether: 
35.8 	(i) related policies and procedures were followed; 
35.9 	(ii) the policies and procedures were adequate; 
35.10 	(iii) there is a need for additional staff training; 
35.11 	(iv) the reported event is similar to past events with the children or the services 
35.12 	involved; and 
35.13 	(v) there is a need for corrective action by the license holder to protect the health and 
35.14 	safety of children in care.
35.15 	Based on the results of this review, the license holder must develop, document, and 
35.16 	implement a corrective action plan designed to correct current lapses and prevent future 
35.17 	lapses in performance by individuals or the license holder, if any;
35.18 	(2) identify the primary and secondary person or position who will ensure that, when 
35.19 	required, internal reviews are completed. The secondary person shall be involved when 
35.20 	there is reason to believe that the primary person was involved in the alleged or suspected 
35.21 	maltreatment; and
35.22 	(3) document that the internal review has been completed and provide documentation 
35.23 	showing the review was completed to the commissioner upon the commissioner's request. 
35.24 	The documentation provided to the commissioner by the license holder may consist of a 
35.25 	completed checklist that verifies completion of each of the requirements of the review.

35.26 	Sec. 25. Minnesota Statutes 2006, section 245C.02, is amended by adding a 
35.27 	subdivision to read:
35.28 		Subd. 9a.Conviction. "Conviction" has the meaning given in section 609.02, 
35.29 	subdivision 5.

35.30 	Sec. 26. Minnesota Statutes 2006, section 245C.05, subdivision 3, is amended to read:
35.31 		Subd. 3.Additional information from individual studied. (a) For purposes of 
35.32 	completing the background study, the commissioner may request additional information 
35.33 	of the individual, such as the individual's Social Security number or race. The individual 
35.34 	is not required to provide this information to the commissioner.
36.1 	(b) The commissioner may also require additional information if the commissioner 
36.2 	determines the information is necessary to complete the background study. Failure to 
36.3 	provide the required information may result in a disqualification pursuant to section 
36.4 	245C.09.

36.5 	Sec. 27. Minnesota Statutes 2006, section 245C.07, is amended to read:
36.6 	245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
36.7 	(a) When a license holder, applicant, or other entity owns multiple facilities
36.8 	programs or services that are licensed by the Department of Human Services, Department 
36.9 	of Health, or Department of Corrections, only one background study is required for an 
36.10 	individual who provides direct contact services in one or more of the licensed facilities
36.11 	programs or services if:
36.12 	(1) the license holder designates one individual with one address and telephone 
36.13 	number as the person to receive sensitive background study information for the multiple 
36.14 	licensed programs or services that depend on the same background study; and
36.15 	(2) the individual designated to receive the sensitive background study information 
36.16 	is capable of determining, upon request of the department, whether a background study 
36.17 	subject is providing direct contact services in one or more of the license holder's programs 
36.18 	or services and, if so, at which location or locations.
36.19 	(b) When a background study is being initiated by a licensed facility program 
36.20 	or service or a foster care provider that is also registered under chapter 144D, a study 
36.21 	subject affiliated with multiple licensed facilities programs or services may attach to the 
36.22 	background study form a cover letter indicating the additional facilities' names of the 
36.23 	programs or services, addresses, and background study identification numbers.
36.24 	When the commissioner receives a notice, the commissioner shall notify each 
36.25 	facility program or service identified by the background study subject of the study results.
36.26 	The background study notice the commissioner sends to the subsequent agencies 
36.27 	shall satisfy those facilities' programs' or services' responsibilities for initiating a 
36.28 	background study on that individual.

36.29 	Sec. 28. Minnesota Statutes 2006, section 245C.08, is amended to read:
36.30 	245C.08 BACKGROUND STUDY; INFORMATION COMMISSIONER 
36.31 	REVIEWS.
36.32 		Subdivision 1.Background studies conducted by commissioner of human 
36.33 	services. (a) For a background study conducted by the commissioner, the commissioner 
36.34 	shall review:
37.1 	(1) information related to names of substantiated perpetrators of maltreatment of 
37.2 	vulnerable adults that has been received by the commissioner as required under section 
37.3 	626.557, subdivision 9c, paragraph (i);
37.4 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
37.5 	programs, and from county agency findings of maltreatment of minors as indicated 
37.6 	through the social service information system;
37.7 	(3) information from juvenile courts as required in subdivision 4 for individuals 
37.8 	listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and
37.9 	(4) information from the Bureau of Criminal Apprehension.
37.10 	(b) Notwithstanding expungement by a court, the commissioner may consider 
37.11 	information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 
37.12 	received notice of the petition for expungement and the court order for expungement is 
37.13 	directed specifically to the commissioner.
37.14 		Subd. 2.Background studies conducted by a county or private agency. (a) For 
37.15 	a background study conducted by a county or private agency for child foster care, adult 
37.16 	foster care, and family child care homes, the commissioner shall review:
37.17 	(1) information from the county agency's record of substantiated maltreatment 
37.18 	of adults and the maltreatment of minors;
37.19 	(2) information from juvenile courts as required in subdivision 4 for individuals 
37.20 	listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and
37.21 	(3) information from the Bureau of Criminal Apprehension; and.
37.22 	(4) arrest and investigative records maintained by the Bureau of Criminal 
37.23 	Apprehension, county attorneys, county sheriffs, courts, county agencies, local police, the 
37.24 	National Criminal Records Repository, and criminal records from other states.
37.25 	(b) If the individual has resided in the county for less than five years, the study shall 
37.26 	include the records specified under paragraph (a) for the previous county or counties of 
37.27 	residence for the past five years.
37.28 	(c) Notwithstanding expungement by a court, the county or private agency may 
37.29 	consider information obtained under paragraph (a), clauses (3) and (4), unless the 
37.30 	commissioner received notice of the petition for expungement and the court order for 
37.31 	expungement is directed specifically to the commissioner.
37.32 		Subd. 3.Arrest and investigative information. (a) For any background study 
37.33 	completed under this section, if the commissioner has reasonable cause to believe the 
37.34 	information is pertinent to the disqualification of an individual, the commissioner also 
37.35 	may review arrest and investigative information from:
37.36 	(1) the Bureau of Criminal Apprehension;
38.1 	(2) the commissioner of health;
38.2 	(3) a county attorney;
38.3 	(4) a county sheriff;
38.4 	(5) a county agency;
38.5 	(6) a local chief of police;
38.6 	(7) other states;
38.7 	(8) the courts; or
38.8 	(9) the Federal Bureau of Investigation.;
38.9 	(10) the National Criminal Records Repository; and
38.10 	(11) criminal records from other states.
38.11 	(b) The commissioner is not required to conduct more than one review of a subject's 
38.12 	records from the Federal Bureau of Investigation if a review of the subject's criminal 
38.13 	history with the Federal Bureau of Investigation has already been completed by the 
38.14 	commissioner and there has been no break in the subject's affiliation with the license 
38.15 	holder who initiated the background study.
38.16 		Subd. 4.Juvenile court records. (a) The commissioner shall review records 
38.17 	from the juvenile courts for an individual studied under section 245C.03, subdivision 1, 
38.18 	clauses (2) and (5). 
38.19 	(b) For individuals studied under section 245C.03, subdivision 1, clauses (1), (3), 
38.20 	(4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner shall review 
38.21 	records from the juvenile courts when the commissioner has reasonable cause. 
38.22 	(c) The juvenile courts shall help with the study by giving the commissioner existing 
38.23 	juvenile court records on individuals described in section 245C.03, subdivision 1, clauses 
38.24 	(2), (5), and (6), relating to delinquency proceedings held within either the five years 
38.25 	immediately preceding the background study or the five years immediately preceding the 
38.26 	individual's 18th birthday, whichever time period is longer. 
38.27 	(d) For purposes of this chapter, a finding that a delinquency petition is proven in 
38.28 	juvenile court shall be considered a conviction in state district court.
38.29 	(e) The commissioner shall destroy juvenile court records obtained under this 
38.30 	subdivision when the subject of the records reaches age 23. Juvenile courts shall provide 
38.31 	orders of involuntary and voluntary termination of parental rights under section 260C.301 
38.32 	to the commissioner upon request for purposes of conducting a background study under 
38.33 	this chapter.

38.34 	Sec. 29. Minnesota Statutes 2006, section 245C.09, subdivision 1, is amended to read:
39.1 		Subdivision 1.Disqualification; licensing action. An applicant's, license holder's, 
39.2 	or other entity's failure or refusal to cooperate with the commissioner, including failure 
39.3 	to provide additional information required under section 245C.05, is reasonable cause 
39.4 	to disqualify a subject, deny a license application, or immediately suspend or revoke 
39.5 	a license or registration.

39.6 	Sec. 30. Minnesota Statutes 2006, section 245C.11, is amended by adding a subdivision 
39.7 	to read:
39.8 		Subd. 4.Background study. A county agency may accept a background study 
39.9 	completed by the commissioner under this chapter in place of the background study 
39.10 	required under section 245A.16, subdivision 3, for educational programs that train 
39.11 	individuals by providing direct contact services in licensed programs.

39.12 	Sec. 31. Minnesota Statutes 2006, section 245C.13, subdivision 2, is amended to read:
39.13 		Subd. 2.Direct contact pending completion of background study. The subject 
39.14 	of a background study may not perform any activity requiring a background study under 
39.15 	paragraph (b) until the commissioner has issued one of the notices under paragraph (a).
39.16 	(a) Notices from the commissioner required prior to activity under paragraph (b) 
39.17 	include:
39.18 	(1) a notice of the study results under section 245C.17 stating that:
39.19 	(i) the individual is not disqualified; or
39.20 	(ii) more time is needed to complete the study but the individual is not required to be 
39.21 	removed from direct contact or access to people receiving services prior to completion of 
39.22 	the study as provided under section 245A.17 245C.17, subdivision 1, paragraph  (b) or (c);
39.23 	(2) a notice that a disqualification has been set aside under section 245C.23; or
39.24 	(3) a notice that a variance has been granted related to the individual under section 
39.25 	245C.30.
39.26 	(b) Activities prohibited prior to receipt of notice under paragraph (a) include:
39.27 	(1) being issued a license;
39.28 	(2) living in the household where the licensed program will be provided;
39.29 	(3) providing direct contact services to persons served by a program unless the 
39.30 	subject is under continuous direct supervision; or
39.31 	(4) having access to persons receiving services if the background study was 
39.32 	completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), 
39.33 	clause (2), (5), or (6), unless the subject is under continuous direct supervision.

40.1 	Sec. 32. Minnesota Statutes 2006, section 245C.14, subdivision 1, is amended to read:
40.2 		Subdivision 1.Disqualification from direct contact. (a) The commissioner shall 
40.3 	disqualify an individual who is the subject of a background study from any position 
40.4 	allowing direct contact with persons receiving services from the license holder or entity 
40.5 	identified in section 245C.03, upon receipt of information showing, or when a background 
40.6 	study completed under this chapter shows any of the following: 
40.7 	(1) a conviction of or, admission to, or Alford plea to one or more crimes listed in 
40.8 	section 245C.15, regardless of whether the conviction or admission is a felony, gross 
40.9 	misdemeanor, or misdemeanor level crime; 
40.10 	(2) a preponderance of the evidence indicates the individual has committed an act 
40.11 	or acts that meet the definition of any of the crimes listed in section 245C.15, regardless 
40.12 	of whether the preponderance of the evidence is for a felony, gross misdemeanor, or 
40.13 	misdemeanor level crime; or 
40.14 	(3) an investigation results in an administrative determination listed under section 
40.15 	245C.15, subdivision 4, paragraph (b). 
40.16 	(b) No individual who is disqualified following a background study under section 
40.17 	245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact 
40.18 	with persons served by a program or entity identified in section 245C.03, unless the 
40.19 	commissioner has provided written notice under section 245C.17 stating that: 
40.20 	(1) the individual may remain in direct contact during the period in which the 
40.21 	individual may request reconsideration as provided in section 245C.21, subdivision 2; 
40.22 	(2) the commissioner has set aside the individual's disqualification for that program 
40.23 	or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or 
40.24 	(3) the license holder has been granted a variance for the disqualified individual 
40.25 	under section 245C.30. 

40.26 	Sec. 33. Minnesota Statutes 2006, section 245C.15, subdivision 1, is amended to read:
40.27 		Subdivision 1.Permanent disqualification. (a) An individual is disqualified under 
40.28 	section 245C.14 if: (1) regardless of how much time has passed since the discharge 
40.29 	of the sentence imposed, if any, for the offense; and (2) unless otherwise specified, 
40.30 	regardless of the level of the offense, the individual has committed any of the following 
40.31 	offenses: sections 243.166 (violation of predatory offender registration law);609.185
40.32 	(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder 
40.33 	in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter 
40.34 	in the second degree); a felony offense under609.221 or 609.222 (assault in the first 
40.35 	or second degree); a felony offense under sections 609.2242 and 609.2243 (domestic 
41.1 	assault), spousal abuse, child abuse or neglect, or a crime against children; 609.2247 
41.2 	(domestic assault by strangulation);609.228 (great bodily harm caused by distribution 
41.3 	of drugs); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661 (murder of an 
41.4 	unborn child in the first degree); 609.2662 (murder of an unborn child in the second 
41.5 	degree); 609.2663 (murder of an unborn child in the third degree); 609.322 (solicitation, 
41.6 	inducement, and promotion of prostitution); a felony offense under609.324, subdivision 
41.7 	1 (other prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343
41.8 	(criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the 
41.9 	third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal 
41.10 	sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352
41.11 	(solicitation of children to engage in sexual conduct); 609.365 (incest); a felony offense 
41.12 	under 609.377 (malicious punishment of a child); a felony offense under 609.378 (neglect 
41.13 	or endangerment of a child); 609.561 (arson in the first degree); 609.66, subdivision 1e
41.14 	(drive-by shooting); 609.749, subdivision 3, 4, or 5 (felony-level harassment; stalking); 
41.15 	609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); 617.23, 
41.16 	subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving a 
41.17 	minor);617.246 (use of minors in sexual performance prohibited); or 617.247 (possession 
41.18 	of pictorial representations of minors). An individual also is disqualified under section 
41.19 	245C.14 regardless of how much time has passed since the involuntary termination of 
41.20 	the individual's parental rights under section 260C.301.
41.21 	(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the 
41.22 	offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes, 
41.23 	permanently disqualifies the individual under section 245C.14.
41.24 	(c) An individual's offense in any other state or country, where the elements of the 
41.25 	offense are substantially similar to any of the offenses listed in paragraph (a), permanently 
41.26 	disqualifies the individual under section 245C.14.
41.27 	(d) When a disqualification is based on a judicial determination other than a 
41.28 	conviction, the disqualification period begins from the date of the court order. When a 
41.29 	disqualification is based on an admission, the disqualification period begins from the date 
41.30 	of an admission in court. When a disqualification is based on a preponderance of evidence 
41.31 	of a disqualifying act, the disqualification date begins from the date of the dismissal, the 
41.32 	date of discharge of the sentence imposed for a conviction for a disqualifying crime of 
41.33 	similar elements, or the date of the incident, whichever occurs last.
41.34 	(e) If the individual studied commits one of the offenses listed in paragraph (a) 
41.35 	that is specified as a felony-level only offense, but the sentence or level of offense is a 
41.36 	gross misdemeanor or misdemeanor, the individual is disqualified, but the disqualification 
42.1 	look-back period for the offense is the period applicable to gross misdemeanor or 
42.2 	misdemeanor offenses.

42.3 	Sec. 34. Minnesota Statutes 2006, section 245C.15, subdivision 2, is amended to read:
42.4 		Subd. 2.15-year disqualification. (a) An individual is disqualified under section 
42.5 	245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, 
42.6 	if any, for the offense; and (2) the individual has committed a felony-level violation 
42.7 	of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 
42.8 	268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph 
42.9 	(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 
42.10 	609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
42.11 	(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth 
42.12 	degree); 609.229 (crimes committed for benefit of a gang);609.2325 (criminal abuse 
42.13 	of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235
42.14 	(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false 
42.15 	imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665
42.16 	(manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn 
42.17 	child in the first degree); 609.2671 (assault of an unborn child in the second degree); 
42.18 	609.268 (injury or death of an unborn child in the commission of a crime); 609.27
42.19 	(coercion); 609.275 (attempt to coerce); repeat offenses under 609.3451 (criminal sexual 
42.20 	conduct in the fifth degree);609.466 (medical assistance fraud); 609.498, subdivision 1
42.21 	or 1b (aggravated first degree or first degree tampering with a witness); 609.52 (theft); 
42.22 	609.521 (possession of shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 
42.23 	609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of 
42.24 	dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in the third 
42.25 	degree); 609.582 (burglary); 609.59 (possession of burglary tools);609.611 (insurance 
42.26 	fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering 
42.27 	a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous 
42.28 	weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration); 
42.29 	609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821
42.30 	(financial transaction card fraud); repeat offenses under617.23 (indecent exposure; 
42.31 	penalties), not involving a minor; repeat offenses under 617.241 (obscene materials and 
42.32 	performances; distribution and exhibition prohibited; penalty); 624.713 (certain persons 
42.33 	not to possess firearms); chapter 152 (drugs; controlled substance); or a felony-level 
42.34 	conviction involving alcohol or drug use.
43.1 	(b) An individual is disqualified under section 245C.14 if less than 15 years has 
43.2 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
43.3 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
43.4 	Statutes.
43.5 	(c) For foster care and family child care an individual is disqualified under section 
43.6 	245C.14 if less than 15 years has passed since the individual's voluntary termination of 
43.7 	the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or 
43.8 	260C.301, subdivision 3.
43.9 	(d) An individual is disqualified under section 245C.14 if less than 15 years has 
43.10 	passed since the discharge of the sentence imposed for an offense in any other state or 
43.11 	country, the elements of which are substantially similar to the elements of the offenses 
43.12 	listed in paragraph (a).
43.13 	(e) If the individual studied is convicted commits one of one of the felonies offenses
43.14 	listed in paragraph (a), but the sentence or level of offense is a gross misdemeanor or 
43.15 	misdemeanor disposition, the individual is disqualified but the disqualification lookback 
43.16 	period for the conviction offense is the period applicable to the gross misdemeanor or 
43.17 	misdemeanor disposition.
43.18 	(f) When a disqualification is based on a judicial determination other than a 
43.19 	conviction, the disqualification period begins from the date of the court order. When a 
43.20 	disqualification is based on an admission, the disqualification period begins from the date 
43.21 	of an admission in court. When a disqualification is based on a preponderance of evidence 
43.22 	of a disqualifying act, the disqualification date begins from the date of the dismissal, the 
43.23 	date of discharge of the sentence imposed for a conviction for a disqualifying crime of 
43.24 	similar elements, or the date of the incident, whichever occurs last.

43.25 	Sec. 35. Minnesota Statutes 2006, section 245C.15, subdivision 3, is amended to read:
43.26 		Subd. 3.Ten-year disqualification. (a) An individual is disqualified under section 
43.27 	245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, 
43.28 	if any, for the offense; and (2) the individual has committed a gross misdemeanor-level 
43.29 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
43.30 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 
43.31 	10, paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular 
43.32 	homicide and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 
43.33 	or 609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 
43.34 	609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a 
43.35 	vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of 
44.1 	persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal 
44.2 	abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
44.3 	(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a 
44.4 	vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 
44.5 	1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 
44.6 	609.3451 (criminal sexual conduct in the fifth degree);609.377 (malicious punishment of 
44.7 	a child); 609.378 (neglect or endangerment of a child);  609.466 (medical assistance fraud); 
44.8 	609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 
44.9 	609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.582
44.10 	(burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.631
44.11 	(check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71 (riot); 
44.12 	609.72, subdivision 3 (disorderly conduct against a vulnerable adult); repeat offenses 
44.13 	under 609.746 (interference with privacy); 609.749, subdivision 2 (harassment; stalking); 
44.14 	 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); repeat 
44.15 	offenses under617.23 (indecent exposure), not involving a minor; 617.241 (obscene 
44.16 	materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful 
44.17 	materials; dissemination and display to minors prohibited); or violation of an order for 
44.18 	protection under section 518B.01, subdivision 14.
44.19 	(b) An individual is disqualified under section 245C.14 if less than ten years has 
44.20 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
44.21 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
44.22 	Statutes.
44.23 	(c) An individual is disqualified under section 245C.14 if less than ten years has 
44.24 	passed since the discharge of the sentence imposed for an offense in any other state or 
44.25 	country, the elements of which are substantially similar to the elements of any of the 
44.26 	offenses listed in paragraph (a).
44.27 	(d) If the defendant is convicted of one of the gross misdemeanors individual studied 
44.28 	commits one of the offenses listed in paragraph (a), but the sentence or level of offense is 
44.29 	a misdemeanor disposition, the individual is disqualified but the disqualification lookback 
44.30 	period for the conviction offense is the period applicable to misdemeanors.
44.31 	(e) When a disqualification is based on a judicial determination other than a 
44.32 	conviction, the disqualification period begins from the date of the court order. When a 
44.33 	disqualification is based on an admission, the disqualification period begins from the date 
44.34 	of an admission in court. When a disqualification is based on a preponderance of evidence 
44.35 	of a disqualifying act, the disqualification date begins from the date of the dismissal, the 
45.1 	date of discharge of the sentence imposed for a conviction for a disqualifying crime of 
45.2 	similar elements, or the date of the incident, whichever occurs last.

45.3 	Sec. 36. Minnesota Statutes 2006, section 245C.15, subdivision 4, is amended to read:
45.4 		Subd. 4.Seven-year disqualification. (a) An individual is disqualified under 
45.5 	section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence 
45.6 	imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level 
45.7 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
45.8 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 
45.9 	paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 
45.10 	and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 
45.11 	609.223 (assault in the third degree); 609.2231 (assault in the fourth degree);609.224
45.12 	(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation 
45.13 	of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 
45.14 	609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation 
45.15 	of an order for protection under 609.3232 (protective order authorized; procedures; 
45.16 	penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen 
45.17 	goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 
45.18 	609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous 
45.19 	weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or 
45.20 	harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 
45.21 	609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23
45.22 	(indecent exposure; penalties), not involving a minor; 617.293 (harmful materials; 
45.23 	dissemination and display to minors prohibited); or violation of an order for protection 
45.24 	under section 518B.01 (Domestic Abuse Act).
45.25 	(b) An individual is disqualified under section 245C.14 if less than seven years has 
45.26 	passed since a determination or disposition of the individual's:
45.27 	(1) failure to make required reports under section 626.556, subdivision 3, or 
45.28 	626.557, subdivision 3, for incidents in which: (i) the final disposition under section 
45.29 	626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was 
45.30 	recurring or serious; or
45.31 	(2) substantiated serious or recurring maltreatment of a minor under section 626.556, 
45.32 	a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other 
45.33 	state, the elements of which are substantially similar to the elements of maltreatment under 
45.34 	section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the 
45.35 	maltreatment occurred, and (ii) the subject was responsible for the maltreatment.
46.1 	(c) An individual is disqualified under section 245C.14 if less than seven years has 
46.2 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
46.3 	of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in 
46.4 	Minnesota Statutes.
46.5 	(d) An individual is disqualified under section 245C.14 if less than seven years has 
46.6 	passed since the discharge of the sentence imposed for an offense in any other state or 
46.7 	country, the elements of which are substantially similar to the elements of any of the 
46.8 	offenses listed in paragraphs (a) and (b).
46.9 	(e) When a disqualification is based on a judicial determination other than a 
46.10 	conviction, the disqualification period begins from the date of the court order. When a 
46.11 	disqualification is based on an admission, the disqualification period begins from the date 
46.12 	of an admission in court. When a disqualification is based on a preponderance of evidence 
46.13 	of a disqualifying act, the disqualification date begins from the date of the dismissal, the 
46.14 	date of discharge of the sentence imposed for a conviction for a disqualifying crime of 
46.15 	similar elements, or the date of the incident, whichever occurs last.
46.16 	(f) An individual is disqualified under section 245C.14 if less than seven years has 
46.17 	passed since the individual was disqualified under section 256.98, subdivision 8.

46.18 	Sec. 37. Minnesota Statutes 2006, section 245C.16, subdivision 1, is amended to read:
46.19 		Subdivision 1.Determining immediate risk of harm. (a) If the commissioner 
46.20 	determines that the individual studied has a disqualifying characteristic, the commissioner 
46.21 	shall review the information immediately available and make a determination as to the 
46.22 	subject's immediate risk of harm to persons served by the program where the individual 
46.23 	studied will have direct contact with, or access to, people receiving services.
46.24 	(b) The commissioner shall consider all relevant information available, including the 
46.25 	following factors in determining the immediate risk of harm:
46.26 	(1) the recency of the disqualifying characteristic;
46.27 	(2) the recency of discharge from probation for the crimes;
46.28 	(3) the number of disqualifying characteristics;
46.29 	(4) the intrusiveness or violence of the disqualifying characteristic;
46.30 	(5) the vulnerability of the victim involved in the disqualifying characteristic;
46.31 	(6) the similarity of the victim to the persons served by the program where the 
46.32 	individual studied will have direct contact; and
46.33 	(7) whether the individual has a disqualification from a previous background study 
46.34 	that has not been set aside.; and
47.1 	(8) if the individual has a disqualification which may not be set aside because it is 
47.2 	a permanent bar under section 245C.24, subdivision 1, the commissioner may order the 
47.3 	immediate removal of the individual from any position allowing direct contact with, or 
47.4 	access to, persons receiving services from the program.
47.5 	(c) This section does not apply when the subject of a background study is regulated 
47.6 	by a health-related licensing board as defined in chapter 214, and the subject is determined 
47.7 	to be responsible for substantiated maltreatment under section 626.556 or 626.557. 
47.8 	(d) If the commissioner has reason to believe, based on arrest information or an 
47.9 	active maltreatment investigation, that an individual poses an imminent risk of harm to 
47.10 	persons receiving services, the commissioner may order that the person be continuously 
47.11 	supervised or immediately removed pending the conclusion of the maltreatment 
47.12 	investigation or criminal proceedings.

47.13 	Sec. 38. Minnesota Statutes 2006, section 245C.17, subdivision 2, is amended to read:
47.14 		Subd. 2.Disqualification notice sent to subject. (a) If the information in the study 
47.15 	indicates the individual is disqualified from direct contact with, or from access to, persons 
47.16 	served by the program, the commissioner shall disclose to the individual studied:
47.17 	(1) the information causing disqualification;
47.18 	(2) instructions on how to request a reconsideration of the disqualification;
47.19 	(3) an explanation of any restrictions on the commissioner's discretion to set aside 
47.20 	the disqualification under section 245C.24, when applicable to the individual;
47.21 	(4) a statement indicating that if the individual's disqualification is set aside or the 
47.22 	facility is granted a variance under section 245C.30, the individual's identity and the 
47.23 	reason for the individual's disqualification will become public data under section 245C.22, 
47.24 	subdivision 7, when applicable to the individual; and
47.25 	(5) the commissioner's determination of the individual's immediate risk of harm 
47.26 	under section 245C.16.
47.27 	(b) If the commissioner determines under section 245C.16 that an individual poses 
47.28 	an imminent risk of harm to persons served by the program where the individual will have 
47.29 	direct contact with, or access to, people receiving services, the commissioner's notice must 
47.30 	include an explanation of the basis of this determination.
47.31 	(c) If the commissioner determines under section 245C.16 that an individual studied 
47.32 	does not pose a risk of harm that requires immediate removal, the individual shall be 
47.33 	informed of the conditions under which the agency that initiated the background study 
47.34 	may allow the individual to provide have direct contact services with, or access to, people 
47.35 	receiving services, as provided under subdivision 3.

48.1 	Sec. 39. Minnesota Statutes 2006, section 245C.17, subdivision 3, is amended to read:
48.2 		Subd. 3.Disqualification notification. (a) The commissioner shall notify an 
48.3 	applicant, license holder, or other entity as provided in this chapter who is not the subject 
48.4 	of the study:
48.5 	(1) that the commissioner has found information that disqualifies the individual 
48.6 	studied from being in a position allowing direct contact with, or from access to, persons
48.7 	people served by the program; and
48.8 	(2) the commissioner's determination of the individual's risk of harm under section 
48.9 	245C.16.
48.10 	(b) If the commissioner determines under section 245C.16 that an individual studied 
48.11 	poses an imminent risk of harm to persons served by the program where the individual 
48.12 	studied will have direct contact with, or access to, people served by the program, the 
48.13 	commissioner shall order the license holder to immediately remove the individual studied 
48.14 	from any position allowing direct contact with, or access to, people served by the program.
48.15 	(c) If the commissioner determines under section 245C.16 that an individual studied 
48.16 	poses a risk of harm that requires continuous, direct supervision, the commissioner shall 
48.17 	order the applicant, license holder, or other entities as provided in this chapter to:
48.18 	(1) immediately remove the individual studied from any position allowing direct 
48.19 	contact with, or access to, people receiving services; or
48.20 	(2) before allowing the disqualified individual to provide be in a position allowing
48.21 	direct contact with, or access to, people receiving services, the applicant, license holder, or 
48.22 	other entity, as provided in this chapter, must:
48.23 	(i) obtain from the disqualified individual a copy of the individual's notice of 
48.24 	disqualification from the commissioner that explains the reason for disqualification;
48.25 	(ii) ensure that the individual studied is under continuous, direct supervision when 
48.26 	providing in a position allowing direct contact with, or access to, people receiving 
48.27 	services during the period in which the individual may request a reconsideration of the 
48.28 	disqualification under section 245C.21; and
48.29 	(iii) ensure that the disqualified individual requests reconsideration within 30 days 
48.30 	of receipt of the notice of disqualification.
48.31 	(d) If the commissioner determines under section 245C.16 that an individual studied 
48.32 	does not pose a risk of harm that requires continuous, direct supervision, the commissioner 
48.33 	shall order the applicant, license holder, or other entities as provided in this chapter to:
48.34 	(1) immediately remove the individual studied from any position allowing direct 
48.35 	contact with, or access to, people receiving services; or
49.1 	(2) before allowing the disqualified individual to provide be in any position allowing
49.2 	direct contact with, or access to, people receiving services, the applicant, license holder, or 
49.3 	other entity as provided in this chapter must:
49.4 	(i) obtain from the disqualified individual a copy of the individual's notice of 
49.5 	disqualification from the commissioner that explains the reason for disqualification; and
49.6 	(ii) ensure that the disqualified individual requests reconsideration within 15 days 
49.7 	of receipt of the notice of disqualification.
49.8 	(e) The commissioner shall not notify the applicant, license holder, or other entity 
49.9 	as provided in this chapter of the information contained in the subject's background 
49.10 	study unless:
49.11 	(1) the basis for the disqualification is failure to cooperate with the background study 
49.12 	or substantiated maltreatment under section 626.556 or 626.557;
49.13 	(2) the Data Practices Act under chapter 13 provides for release of the information; or
49.14 	(3) the individual studied authorizes the release of the information.

49.15 	Sec. 40. Minnesota Statutes 2006, section 245C.21, subdivision 2, is amended to read:
49.16 		Subd. 2.Time frame for requesting reconsideration. (a) When the commissioner 
49.17 	sends an individual a notice of disqualification based on a finding under section 245C.16, 
49.18 	subdivision 2, paragraph (a), clause (1) or (2), the disqualified individual must submit the 
49.19 	request for a reconsideration within 30 calendar days of the individual's receipt of the 
49.20 	notice of disqualification. If mailed, the request for reconsideration must be postmarked 
49.21 	and sent to the commissioner within 30 calendar days of the individual's receipt of the 
49.22 	notice of disqualification. If a request for reconsideration is made by personal service, 
49.23 	it must be received by the commissioner within 30 calendar days after the individual's 
49.24 	receipt of the notice of disqualification. Upon showing that the information under 
49.25 	subdivision 3 cannot be obtained within 30 days, the disqualified individual may request 
49.26 	additional time, not to exceed 30 days, to obtain the information.
49.27 	(b) When the commissioner sends an individual a notice of disqualification 
49.28 	based on a finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the 
49.29 	disqualified individual must submit the request for reconsideration within 15 calendar 
49.30 	days of the individual's receipt of the notice of disqualification. If mailed, the request for 
49.31 	reconsideration must be postmarked and sent to the commissioner within 15 calendar days 
49.32 	of the individual's receipt of the notice of disqualification. If a request for reconsideration 
49.33 	is made by personal service, it must be received by the commissioner within 15 calendar 
49.34 	days after the individual's receipt of the notice of disqualification.
50.1 	(c) An individual who was determined to have maltreated a child under section 
50.2 	626.556 or a vulnerable adult under section 626.557, and who is disqualified on the basis of 
50.3 	serious or recurring maltreatment, may request a reconsideration of both the maltreatment 
50.4 	and the disqualification determinations. The request must be submitted within 30 calendar 
50.5 	days of the individual's receipt of the notice of disqualification. If mailed, the request for 
50.6 	reconsideration must be postmarked and sent to the commissioner within 30 calendar days 
50.7 	of the individual's receipt of the notice of disqualification. If a request for reconsideration 
50.8 	is made by personal service, it must be received by the commissioner within 30 calendar 
50.9 	days after the individual's receipt of the notice of disqualification.
50.10 	(d) Except for family child care and child foster care, reconsideration of a 
50.11 	maltreatment determination under sections 626.556, subdivision 10i, and 626.557, 
50.12 	subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall 
50.13 	not be conducted when:
50.14 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
50.15 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
50.16 	or the disqualification of a license holder based on serious or recurring maltreatment;
50.17 	(2) the denial of a license or licensing sanction is issued at the same time as the 
50.18 	maltreatment determination or disqualification; and
50.19 	(3) the license holder appeals the maltreatment determination, disqualification, and 
50.20 	denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045 
50.21 	must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, 
50.22 	subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated 
50.23 	contested case hearing must include the maltreatment determination, disqualification, and 
50.24 	denial of a license or licensing sanction.
50.25 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
50.26 	determination or disqualification, but does not appeal the denial of a license or a licensing 
50.27 	sanction, reconsideration of the maltreatment determination shall be conducted under 
50.28 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
50.29 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
50.30 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
50.31 	10i, and 626.557, subdivision 9d.

50.32 	Sec. 41. Minnesota Statutes 2006, section 245C.21, subdivision 3, is amended to read:
50.33 		Subd. 3.Information Disqualified individuals must provide when requesting 
50.34 	reconsideration; information for reconsideration. (a) The disqualified individual 
50.35 	requesting reconsideration must submit information showing that:
51.1 	(1) the information the commissioner relied upon in determining the underlying 
51.2 	conduct that gave rise to the disqualification is incorrect;
51.3 	(2) for maltreatment, the information the commissioner relied upon in determining 
51.4 	that maltreatment was serious or recurring is incorrect; or
51.5 	(3) the subject of the study does not pose a risk of harm to any person served by the 
51.6 	applicant, license holder, or other entities as provided in this chapter, by addressing the 
51.7 	information required under section 245C.22, subdivision 4. 
51.8 	(b) In order to determine the individual's risk of harm, the commissioner may require 
51.9 	additional information from the disqualified individual as part of the reconsideration 
51.10 	process. If the individual fails to provide the required information, the commissioner 
51.11 	may deny the individual's request.

51.12 	Sec. 42. Minnesota Statutes 2006, section 245C.22, subdivision 4, is amended to read:
51.13 		Subd. 4.Risk of harm; set aside. (a) The commissioner may set aside the 
51.14 	disqualification if the commissioner finds that the individual has submitted sufficient 
51.15 	information to demonstrate that the individual does not pose a risk of harm to any person 
51.16 	served by the applicant, license holder, or other entities as provided in this chapter.
51.17 	(b) In determining whether the individual has met the burden of proof by 
51.18 	demonstrating the individual does not pose a risk of harm, the commissioner shall consider:
51.19 	(1) the nature, severity, and consequences of the event or events that led to the 
51.20 	disqualification;
51.21 	(2) whether there is more than one disqualifying event;
51.22 	(3) the age and vulnerability of the victim at the time of the event;
51.23 	(4) the harm suffered by the victim;
51.24 	(5) vulnerability of persons served by the program;
51.25 	(6) the similarity between the victim and persons served by the program;
51.26 	(6) (7) the time elapsed without a repeat of the same or similar event;
51.27 	(7) (8) documentation of successful completion by the individual studied of training 
51.28 	or rehabilitation pertinent to the event; and
51.29 	(8) (9) any other information relevant to reconsideration.
51.30 	(c) If the individual requested reconsideration on the basis that the information 
51.31 	relied upon to disqualify the individual was incorrect or inaccurate and the commissioner 
51.32 	determines that the information relied upon to disqualify the individual is correct, the 
51.33 	commissioner must also determine if the individual poses a risk of harm to persons 
51.34 	receiving services in accordance with paragraph (b).

52.1 	Sec. 43. Minnesota Statutes 2006, section 245C.22, subdivision 5, is amended to read:
52.2 		Subd. 5.Scope of set aside. If the commissioner sets aside a disqualification under 
52.3 	this section, the disqualified individual remains disqualified, but may hold a license and 
52.4 	have direct contact with or access to persons receiving services. The commissioner's set 
52.5 	aside of a disqualification is limited solely to the licensed program, applicant, or agency 
52.6 	specified in the set aside notice under section 245C.23, unless otherwise specified in the 
52.7 	notice. For personal care provider organizations, the commissioner's set-aside may further 
52.8 	be limited to a specific individual who is receiving services.

52.9 	Sec. 44. Minnesota Statutes 2006, section 245C.24, subdivision 3, is amended to read:
52.10 		Subd. 3.Ten-year bar to set aside disqualification. (a) The commissioner may 
52.11 	not set aside the disqualification of an individual in connection with a license to provide 
52.12 	family child care for children, foster care for children in the provider's home, or foster 
52.13 	care or day care services for adults in the provider's home if: (1) less than ten years has 
52.14 	passed since the discharge of the sentence imposed, if any, for the offense; or (2) when 
52.15 	disqualified based on a preponderance of evidence determination under section 245A.14
52.16 	245C.14, subdivision 1, paragraph (a), clause (2), or an admission under section 245A.14
52.17 	245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years has passed since 
52.18 	the individual committed the act or admitted to committing the act, whichever is later; and 
52.19 	(3) the individual has committed a violation of any of the following offenses: sections 
52.20 	609.165 (felon ineligible to possess firearm); criminal vehicular homicide under 609.21
52.21 	(criminal vehicular homicide and injury); 609.215 (aiding suicide or aiding attempted 
52.22 	suicide); felony violations under 609.223 or 609.2231 (assault in the third or fourth 
52.23 	degree);  609.229 (crimes committed for benefit of a gang); 609.713 (terroristic threats); 
52.24 	609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple robbery); 609.255
52.25 	(false imprisonment); 609.562 (arson in the second degree); 609.71 (riot); 609.498, 
52.26 	subdivision 1 or 1b (aggravated first degree or first degree tampering with a witness); 
52.27 	burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous 
52.28 	weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns); 
52.29 	609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or 152.022
52.30 	(controlled substance crime in the first or second degree); 152.023, subdivision 1, clause 
52.31 	(3) or (4) or subdivision 2, clause (4) (controlled substance crime in the third degree); 
52.32 	152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth 
52.33 	degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against 
52.34 	a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of 
52.35 	residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal 
53.1 	neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 
53.2 	609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter 
53.3 	of an unborn child in the first or second degree); 609.267 to 609.2672 (assault of an 
53.4 	unborn child in the first, second, or third degree); 609.268 (injury or death of an unborn 
53.5 	child in the commission of a crime); repeat offenses under 617.23 (indecent exposure);
53.6 	617.293 (disseminating or displaying harmful material to minors); a felony-level 
53.7 	conviction involving alcohol or drug use, a gross misdemeanor offense under 609.324, 
53.8 	subdivision 1 (other prohibited acts); a gross misdemeanor offense under 609.378 (neglect 
53.9 	or endangerment of a child); a gross misdemeanor offense under 609.377 (malicious 
53.10 	punishment of a child); or609.72, subdivision 3 (disorderly conduct against a vulnerable 
53.11 	adult); or 624.713 (certain persons not to possess firearms).
53.12 	(b) The commissioner may not set aside the disqualification of an individual if 
53.13 	less than ten years have passed since the individual's aiding and abetting, attempt, or 
53.14 	conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses 
53.15 	is defined in Minnesota Statutes.
53.16 	(c) The commissioner may not set aside the disqualification of an individual if less 
53.17 	than ten years have passed since the discharge of the sentence imposed for an offense in 
53.18 	any other state or country, the elements of which are substantially similar to the elements 
53.19 	of any of the offenses listed in paragraph (a).

53.20 	Sec. 45. Minnesota Statutes 2006, section 245C.27, subdivision 1, is amended to read:
53.21 		Subdivision 1.Fair hearing when disqualification is not set aside. (a) If the 
53.22 	commissioner does not set aside a disqualification of an individual under section 
53.23 	245C.22 who is disqualified on the basis of a preponderance of evidence that the 
53.24 	individual committed an act or acts that meet the definition of any of the crimes listed in 
53.25 	section 245C.15; for a determination under section 626.556 or 626.557 of substantiated 
53.26 	maltreatment that was serious or recurring under section 245C.15; or for failure to make 
53.27 	required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant 
53.28 	to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request 
53.29 	a fair hearing under section 256.045, unless the disqualification is deemed conclusive 
53.30 	under section 245C.29.
53.31 	(b) The fair hearing is the only administrative appeal of the final agency 
53.32 	determination for purposes of appeal by the disqualified individual. The disqualified 
53.33 	individual does not have the right to challenge the accuracy and completeness of data 
53.34 	under section 13.04.
54.1 	(c) Except as provided under paragraph (e), if the individual was disqualified based 
54.2 	on a conviction or admission to any crimes listed in section 245C.15, subdivisions 1 
54.3 	to 4, or for a disqualification under section 256.98, subdivision 8, the reconsideration 
54.4 	decision under section 245C.22 is the final agency determination for purposes of appeal 
54.5 	by the disqualified individual and is not subject to a hearing under section 256.045. If 
54.6 	the individual was disqualified based on a judicial determination, that determination is 
54.7 	treated the same as a conviction for purposes of appeal.
54.8 	(d) This subdivision does not apply to a public employee's appeal of a disqualification 
54.9 	under section 245C.28, subdivision 3.
54.10 	(e) Notwithstanding paragraph (c), if the commissioner does not set aside a 
54.11 	disqualification of an individual who was disqualified based on both a preponderance 
54.12 	of evidence and a conviction or admission, the individual may request a fair hearing 
54.13 	under section 256.045, unless the disqualifications are deemed conclusive under section 
54.14 	245C.29. The scope of the hearing conducted under section 256.045 with regard to the 
54.15 	disqualification based on a conviction or admission shall be limited solely to whether the 
54.16 	individual poses a risk of harm, according to section 256.045, subdivision 3b. In this case, 
54.17 	the reconsideration decision under section 245C.22 is not the final agency decision for 
54.18 	purposes of appeal by the disqualified individual.

54.19 	Sec. 46. Minnesota Statutes 2006, section 245C.28, subdivision 1, is amended to read:
54.20 		Subdivision 1.License holder. (a) If a maltreatment determination or a 
54.21 	disqualification for which reconsideration was requested and which was not set aside is 
54.22 	the basis for a denial of a license under section 245A.05 or a licensing sanction under 
54.23 	section 245A.07, the license holder has the right to a contested case hearing under chapter 
54.24 	14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The license holder must submit 
54.25 	the appeal under section 245A.05 or 245A.07, subdivision 3.
54.26 	(b) The license holder must submit the appeal in accordance with section 245A.05 or 
54.27 	245A.07, subdivision 3. As provided under section 245A.08, subdivision 2a, if the denial 
54.28 	of a license or licensing sanction is based on a disqualification for which reconsideration 
54.29 	was requested and was not set-aside, the scope of the consolidated contested case hearing 
54.30 	must include:
54.31 	(1) the disqualification, to the extent the license holder otherwise has a hearing right 
54.32 	on the disqualification under this chapter; and
54.33 	(2) the licensing sanction or denial of a license. 
54.34 	(c) If the disqualification was based on a determination of substantiated serious or 
54.35 	recurring maltreatment under section 626.556 or 626.557, the appeal must be submitted 
55.1 	in accordance with sections 245A.07, subdivision 3, and 626.556, subdivision 10i, or 
55.2 	626.557, subdivision 9d. As provided for under section 245A.08, subdivision 2a, if the 
55.3 	denial of a license or licensing sanction is based on a determination of maltreatment under 
55.4 	section 626.556 or 626.557, or a disqualification for serious or recurring maltreatment 
55.5 	which was not set-aside, the scope of the contested case hearing must include:
55.6 	(1) the maltreatment determination, if the maltreatment is not conclusive under 
55.7 	section 245C.29;
55.8 	(2) the disqualification, if the disqualification is not conclusive under section 
55.9 	245C.29; and
55.10 	(3) the licensing sanction or denial of a license. In such cases, a fair hearing must not 
55.11 	be conducted under section 256.045. If the disqualification was based on a determination 
55.12 	of substantiated serious or recurring maltreatment under section 626.556 or 626.557, the 
55.13 	appeal must be submitted under sections 245A.07, subdivision 3, and 626.556, subdivision 
55.14 	10i, or 626.557, subdivision 9d.
55.15 	(d) Except for family child care and child foster care, reconsideration of a 
55.16 	maltreatment determination under sections 626.556, subdivision 10i, and 626.557, 
55.17 	subdivision 9d, and reconsideration of a disqualification under section 245C.22, must 
55.18 	not be conducted when:
55.19 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
55.20 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
55.21 	or the disqualification of a license holder based on serious or recurring maltreatment; 
55.22 	(2) the denial of a license or licensing sanction is issued at the same time as the 
55.23 	maltreatment determination or disqualification; and
55.24 	(3) the license holder appeals the maltreatment determination, disqualification, and 
55.25 	denial of a license or licensing sanction. In such cases a fair hearing under section 256.045 
55.26 	must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, 
55.27 	subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated 
55.28 	contested case hearing must include the maltreatment determination, disqualification, and 
55.29 	denial of a license or licensing sanction.
55.30 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
55.31 	determination or disqualification, but does not appeal the denial of a license or a licensing 
55.32 	sanction, reconsideration of the maltreatment determination shall be conducted under 
55.33 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
55.34 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
55.35 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
55.36 	10i, and 626.557, subdivision 9d.

56.1 	Sec. 47. Minnesota Statutes 2006, section 245C.301, is amended to read:
56.2 	245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.
56.3 	(a) Except as provided under paragraph paragraphs (b) and (c), if required by the 
56.4 	commissioner, family child care providers and child care centers must provide a written 
56.5 	notification to parents considering enrollment of a child or parents of a child attending the 
56.6 	family child care or child care center if the program employs or has living in the home any 
56.7 	individual who is the subject of either a set-aside or variance.
56.8 	(b) Notwithstanding paragraph (a), family child care license holders are not required 
56.9 	to disclose that the program has an individual living in the home who is the subject of a 
56.10 	set-aside or variance if: 
56.11 	(1) the household member resides in the residence where the family child care is 
56.12 	provided; 
56.13 	(2) the subject of the set-aside or variance is under the age of 18 years; and  
56.14 	(3) the set-aside or variance relates to a disqualification under section 245C.15, 
56.15 	subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.
56.16 	(c) The notice specified in paragraph (a) is not required when the period of 
56.17 	disqualification in section 245C.15, subdivisions 2 to 4, has been exceeded.

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

56.19 	Sec. 48. Minnesota Statutes 2006, section 256B.0919, is amended by adding a 
56.20 	subdivision to read:
56.21 		Subd. 4.County certification; licensed providers; related individual; 
56.22 	developmentally disabled. (a) Notwithstanding any provision to the contrary, a county 
56.23 	may certify an adult foster care license holder to provide foster care services to an 
56.24 	individual with a developmental disability, who is related to the provider, if the following 
56.25 	conditions are met:
56.26 	(1) the individual is 18 years of age or older;
56.27 	(2) the individual's service plan meets the standards of section 256B.092 and 
56.28 	specifies any special conditions necessary to prevent a conflict of interest for the provider;
56.29 	(3) the provider is not the legal guardian or conservator of the related individual;
56.30 	(4) the provider maintains a license under Minnesota Rules, parts 9555.5105 to 
56.31 	9555.6265, to serve unrelated foster care recipients;
56.32 	(5) the provider maintains a license under chapter 245B; and
57.1 	(6) the county certifies the provider meets the adult foster care provider standards 
57.2 	established in Minnesota Rules, parts 9555.5105 to 9555.6265, for services provided 
57.3 	to the related individual.
57.4 	(b) The county shall complete an annual certification review to ensure compliance 
57.5 	with paragraph (a), clauses (1) to (6).
57.6 	(c) Notwithstanding section 256I.04, subdivision 2a, clause (2), the adult foster care 
57.7 	provider certified by the county under this subdivision may be reimbursed for room and 
57.8 	board costs through the group residential housing program.

57.9 	Sec. 49. Minnesota Statutes 2006, section 256B.092, is amended by adding a 
57.10 	subdivision to read:
57.11 		Subd. 4d.Medicaid reimbursement; licensed provider; related individuals. The 
57.12 	commissioner shall seek a federal amendment to the home and community-based services 
57.13 	waiver for individuals with developmental disabilities, to allow Medicaid reimbursement 
57.14 	for the provision of supported living services to a related individual when the following 
57.15 	conditions have been met: 
57.16 	(1) the individual is 18 years of age or older;
57.17 	(2) the provider is certified initially and annually thereafter, by the county, as 
57.18 	meeting the provider standards established in chapter 245B and the federal waiver plan;
57.19 	(3) the provider has been certified by the county as meeting the adult foster care 
57.20 	provider standards established in Minnesota Rules, parts 9555.5105 to 9555.6265;
57.21 	(4) the provider is not the legal guardian or conservator of the related individual; and
57.22 	(5) the individual's service plan meets the standards of section 256B.092 and 
57.23 	specifies any special conditions necessary to prevent a conflict of interest for the provider.

57.24 	Sec. 50. Minnesota Statutes 2006, section 270B.14, subdivision 1, is amended to read:
57.25 		Subdivision 1.Disclosure to commissioner of human services. (a) On the request 
57.26 	of the commissioner of human services, the commissioner shall disclose return information 
57.27 	regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to 
57.28 	the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
57.29 	(b) Data that may be disclosed are limited to data relating to the identity, 
57.30 	whereabouts, employment, income, and property of a person owing or alleged to be owing 
57.31 	an obligation of child support.
57.32 	(c) The commissioner of human services may request data only for the purposes of 
57.33 	carrying out the child support enforcement program and to assist in the location of parents 
58.1 	who have, or appear to have, deserted their children. Data received may be used only 
58.2 	as set forth in section 256.978. 
58.3 	(d) The commissioner shall provide the records and information necessary to 
58.4 	administer the supplemental housing allowance to the commissioner of human services.
58.5 	(e) At the request of the commissioner of human services, the commissioner of 
58.6 	revenue shall electronically match the Social Security numbers and names of participants 
58.7 	in the telephone assistance plan operated under sections 237.69 to 237.711, with those of 
58.8 	property tax refund filers, and determine whether each participant's household income is 
58.9 	within the eligibility standards for the telephone assistance plan. 
58.10 	(f) The commissioner may provide records and information collected under sections 
58.11 	295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid 
58.12 	Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law 
58.13 	102-234. Upon the written agreement by the United States Department of Health and 
58.14 	Human Services to maintain the confidentiality of the data, the commissioner may provide 
58.15 	records and information collected under sections 295.50 to 295.59 to the Centers for 
58.16 	Medicare and Medicaid Services section of the United States Department of Health and 
58.17 	Human Services for purposes of meeting federal reporting requirements. 
58.18 	(g) The commissioner may provide records and information to the commissioner of 
58.19 	human services as necessary to administer the early refund of refundable tax credits.
58.20 	(h) The commissioner may disclose information to the commissioner of human 
58.21 	services necessary to verify income for eligibility and premium payment under the 
58.22 	MinnesotaCare program, under section 256L.05, subdivision 2. 
58.23 	(i) The commissioner may disclose information to the commissioner of human 
58.24 	services necessary to verify whether applicants or recipients for the Minnesota family 
58.25 	investment program, general assistance, food support, and Minnesota supplemental aid 
58.26 	program have claimed refundable tax credits under chapter 290 and the property tax 
58.27 	refund under chapter 290A, and the amounts of the credits.
58.28 	(j) The commissioner may disclose information to the commissioner of human 
58.29 	services necessary to verify income for purposes of calculating parental contribution 
58.30 	amounts under section 252.27, subdivision 2a.

58.31 	Sec. 51. Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read:
58.32 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
58.33 	given them unless the specific content indicates otherwise:
58.34 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
58.35 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
59.1 	child maltreatment report that does not allege substantial child endangerment. Family 
59.2 	assessment does not include a determination as to whether child maltreatment occurred 
59.3 	but does determine the need for services to address the safety of family members and the 
59.4 	risk of subsequent maltreatment.
59.5 	(b) "Investigation" means fact gathering related to the current safety of a child 
59.6 	and the risk of subsequent maltreatment that determines whether child maltreatment 
59.7 	occurred and whether child protective services are needed. An investigation must be used 
59.8 	when reports involve substantial child endangerment, and for reports of maltreatment in 
59.9 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
59.10 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
59.11 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
59.12 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
59.13 	(c) "Substantial child endangerment" means a person responsible for a child's care, a 
59.14 	person who has a significant relationship to the child as defined in section 609.341, or a 
59.15 	person in a position of authority as defined in section 609.341, who by act or omission 
59.16 	commits or attempts to commit an act against a child under their care that constitutes 
59.17 	any of the following:
59.18 	(1) egregious harm as defined in section 260C.007, subdivision 14;
59.19 	(2) sexual abuse as defined in paragraph (d);
59.20 	(3) abandonment under section 260C.301, subdivision 2;
59.21 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
59.22 	child's physical or mental health, including a growth delay, which may be referred to as 
59.23 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
59.24 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
59.25 	609.195;
59.26 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
59.27 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
59.28 	609.223;
59.29 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
59.30 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
59.31 	(10) solicitation of children to engage in sexual conduct under section 609.352;
59.32 	(11) malicious punishment or neglect or endangerment of a child under section 
59.33 	609.377 or 609.378;
59.34 	(12) use of a minor in sexual performance under section 617.246; or
60.1 	(13) parental behavior, status, or condition which mandates that the county attorney 
60.2 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
60.3 	paragraph (a).
60.4 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
60.5 	child's care, by a person who has a significant relationship to the child, as defined in 
60.6 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
60.7 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
60.8 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
60.9 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
60.10 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
60.11 	abuse also includes any act which involves a minor which constitutes a violation of 
60.12 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
60.13 	threatened sexual abuse.
60.14 	(e) "Person responsible for the child's care" means (1) an individual functioning 
60.15 	within the family unit and having responsibilities for the care of the child such as a 
60.16 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
60.17 	functioning outside the family unit and having responsibilities for the care of the child 
60.18 	such as a teacher, school administrator, other school employees or agents, or other lawful 
60.19 	custodian of a child having either full-time or short-term care responsibilities including, 
60.20 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
60.21 	and coaching.
60.22 	(f) "Neglect" means:
60.23 	(1) failure by a person responsible for a child's care to supply a child with necessary 
60.24 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
60.25 	mental health when reasonably able to do so;
60.26 	(2) failure to protect a child from conditions or actions that seriously endanger the 
60.27 	child's physical or mental health when reasonably able to do so, including a growth delay, 
60.28 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
60.29 	is due to parental neglect;
60.30 	(3) failure to provide for necessary supervision or child care arrangements 
60.31 	appropriate for a child after considering factors as the child's age, mental ability, physical 
60.32 	condition, length of absence, or environment, when the child is unable to care for the 
60.33 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
60.34 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
60.35 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
60.36 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
61.1 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
61.2 	because the child's parent, guardian, or other person responsible for the child's care in 
61.3 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
61.4 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
61.5 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
61.6 	if a lack of medical care may cause serious danger to the child's health. This section does 
61.7 	not impose upon persons, not otherwise legally responsible for providing a child with 
61.8 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
61.9 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
61.10 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
61.11 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
61.12 	delivery or the child at birth, or medical effects or developmental delays during the child's 
61.13 	first year of life that medically indicate prenatal exposure to a controlled substance;
61.14 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
61.15 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
61.16 	person responsible for the care of the child that adversely affects the child's basic needs 
61.17 	and safety; or
61.18 	(9) emotional harm from a pattern of behavior which contributes to impaired 
61.19 	emotional functioning of the child which may be demonstrated by a substantial and 
61.20 	observable effect in the child's behavior, emotional response, or cognition that is not 
61.21 	within the normal range for the child's age and stage of development, with due regard to 
61.22 	the child's culture.
61.23 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
61.24 	inflicted by a person responsible for the child's care on a child other than by accidental 
61.25 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
61.26 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
61.27 	that have not been authorized under section 121A.67 or 245.825. 
61.28 	Abuse does not include reasonable and moderate physical discipline of a child 
61.29 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
61.30 	not include the use of reasonable force by a teacher, principal, or school employee as 
61.31 	allowed by section 121A.582. Actions which are not reasonable and moderate include, 
61.32 	but are not limited to, any of the following that are done in anger or without regard to the 
61.33 	safety of the child:
61.34 	(1) throwing, kicking, burning, biting, or cutting a child;
61.35 	(2) striking a child with a closed fist;
61.36 	(3) shaking a child under age three;
62.1 	(4) striking or other actions which result in any nonaccidental injury to a child 
62.2 	under 18 months of age;
62.3 	(5) unreasonable interference with a child's breathing;
62.4 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
62.5 	(7) striking a child under age one on the face or head;
62.6 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
62.7 	substances which were not prescribed for the child by a practitioner, in order to control or 
62.8 	punish the child; or other substances that substantially affect the child's behavior, motor 
62.9 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
62.10 	child to medical procedures that would be unnecessary if the child were not exposed 
62.11 	to the substances;
62.12 	(9) unreasonable physical confinement or restraint not permitted under section 
62.13 	609.379, including but not limited to tying, caging, or chaining; or
62.14 	(10) in a school facility or school zone, an act by a person responsible for the child's 
62.15 	care that is a violation under section 121A.58.
62.16 	(h) "Report" means any report received by the local welfare agency, police 
62.17 	department, county sheriff, or agency responsible for assessing or investigating 
62.18 	maltreatment pursuant to this section.
62.19 	(i) "Facility" means: 
62.20 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
62.21 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
62.22 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; 
62.23 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
62.24 	124D.10; or 
62.25 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
62.26 	subdivision 16, and 256B.0625, subdivision 19a.
62.27 	(j) "Operator" means an operator or agency as defined in section 245A.02.
62.28 	(k) "Commissioner" means the commissioner of human services.
62.29 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
62.30 	not limited to employee assistance counseling and the provision of guardian ad litem and 
62.31 	parenting time expeditor services.
62.32 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
62.33 	stability of a child as evidenced by an observable or substantial impairment in the child's 
62.34 	ability to function within a normal range of performance and behavior with due regard to 
62.35 	the child's culture.
63.1 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
63.2 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
63.3 	injury includes, but is not limited to, exposing a child to a person responsible for the 
63.4 	child's care, as defined in paragraph (e), clause (1), who has:
63.5 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
63.6 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
63.7 	similar law of another jurisdiction;
63.8 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
63.9 	(4), or a similar law of another jurisdiction;
63.10 	(3) committed an act that has resulted in an involuntary termination of parental rights 
63.11 	under section 260C.301, or a similar law of another jurisdiction; or
63.12 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
63.13 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
63.14 	paragraph (d), clause (1), or a similar law of another jurisdiction.
63.15 	(o) Persons who conduct assessments or investigations under this section shall take 
63.16 	into account accepted child-rearing practices of the culture in which a child participates 
63.17 	and accepted teacher discipline practices, which are not injurious to the child's health, 
63.18 	welfare, and safety.
63.19 	(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 
63.20 	occurrence or event which:
63.21 	(1) is not likely to occur and could not have been prevented by exercise of due 
63.22 	care; and
63.23 	(2) if occurring while a child is receiving services from a facility, happens when the 
63.24 	facility and the employee or person providing services in the facility are in compliance 
63.25 	with the laws and rules relevant to the occurrence of event.

63.26 	Sec. 52. Minnesota Statutes 2006, section 626.556, subdivision 10e, is amended to 
63.27 	read:
63.28 		Subd. 10e.Determinations. (a) The local welfare agency shall conclude the family 
63.29 	assessment or the investigation within 45 days of the receipt of a report. The conclusion of 
63.30 	the assessment or investigation may be extended to permit the completion of a criminal 
63.31 	investigation or the receipt of expert information requested within 45 days of the receipt 
63.32 	of the report.
63.33 	(b) After conducting a family assessment, the local welfare agency shall determine 
63.34 	whether services are needed to address the safety of the child and other family members 
63.35 	and the risk of subsequent maltreatment.
64.1 	(c) After conducting an investigation, the local welfare agency shall make two 
64.2 	determinations: first, whether maltreatment has occurred; and second, whether child 
64.3 	protective services are needed.
64.4 	(d) If the commissioner of education conducts an assessment or investigation, 
64.5 	the commissioner shall determine whether maltreatment occurred and what corrective 
64.6 	or protective action was taken by the school facility. If a determination is made that 
64.7 	maltreatment has occurred, the commissioner shall report to the employer, the school 
64.8 	board, and any appropriate licensing entity the determination that maltreatment occurred 
64.9 	and what corrective or protective action was taken by the school facility. In all other cases, 
64.10 	the commissioner shall inform the school board or employer that a report was received, 
64.11 	the subject of the report, the date of the initial report, the category of maltreatment alleged 
64.12 	as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 
64.13 	of the specific reasons for the determination.
64.14 	(e) When maltreatment is determined in an investigation involving a facility, 
64.15 	the investigating agency shall also determine whether the facility or individual was 
64.16 	responsible, or whether both the facility and the individual were responsible for the 
64.17 	maltreatment using the mitigating factors in paragraph (i). Determinations under this 
64.18 	subdivision must be made based on a preponderance of the evidence and are private data 
64.19 	on individuals or nonpublic data as maintained by the commissioner of education.
64.20 	(f) For the purposes of this subdivision, "maltreatment" means any of the following 
64.21 	acts or omissions:
64.22 	(1) physical abuse as defined in subdivision 2, paragraph (g);
64.23 	(2) neglect as defined in subdivision 2, paragraph (f);
64.24 	(3) sexual abuse as defined in subdivision 2, paragraph (d);
64.25 	(4) mental injury as defined in subdivision 2, paragraph (m); or
64.26 	(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
64.27 	(g) For the purposes of this subdivision, a determination that child protective 
64.28 	services are needed means that the local welfare agency has documented conditions 
64.29 	during the assessment or investigation sufficient to cause a child protection worker, as 
64.30 	defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of 
64.31 	maltreatment if protective intervention is not provided and that the individuals responsible 
64.32 	for the child's care have not taken or are not likely to take actions to protect the child 
64.33 	from maltreatment or risk of maltreatment.
64.34 	(h) This subdivision does not mean that maltreatment has occurred solely because 
64.35 	the child's parent, guardian, or other person responsible for the child's care in good faith 
64.36 	selects and depends upon spiritual means or prayer for treatment or care of disease 
65.1 	or remedial care of the child, in lieu of medical care. However, if lack of medical care 
65.2 	may result in serious danger to the child's health, the local welfare agency may ensure 
65.3 	that necessary medical services are provided to the child.
65.4 	(i) When determining whether the facility or individual is the responsible party, or 
65.5 	whether both the facility and the individual are responsible for determined maltreatment in 
65.6 	a facility, the investigating agency shall consider at least the following mitigating factors:
65.7 	(1) whether the actions of the facility or the individual caregivers were according to, 
65.8 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
65.9 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
65.10 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
65.11 	directive or knew or should have known of the errors and took no reasonable measures to 
65.12 	correct the defect before administering care;
65.13 	(2) comparative responsibility between the facility, other caregivers, and 
65.14 	requirements placed upon an employee, including the facility's compliance with related 
65.15 	regulatory standards and the adequacy of facility policies and procedures, facility training, 
65.16 	an individual's participation in the training, the caregiver's supervision, and facility staffing 
65.17 	levels and the scope of the individual employee's authority and discretion; and
65.18 	(3) whether the facility or individual followed professional standards in exercising 
65.19 	professional judgment.
65.20 	(j) Individual counties may implement more detailed definitions or criteria that 
65.21 	indicate which allegations to investigate, as long as a county's policies are consistent 
65.22 	with the definitions in the statutes and rules and are approved by the county board. Each 
65.23 	local welfare agency shall periodically inform mandated reporters under subdivision 3 
65.24 	who work in the county of the definitions of maltreatment in the statutes and rules and any 
65.25 	additional definitions or criteria that have been approved by the county board.

65.26 	Sec. 53. Minnesota Statutes 2006, section 626.556, subdivision 10i, is amended to read:
65.27 		Subd. 10i.Administrative reconsideration of final determination of 
65.28 	maltreatment and disqualification based on serious or recurring maltreatment; 
65.29 	review panel. (a) Administrative reconsideration is not applicable in family assessments 
65.30 	since no determination concerning maltreatment is made. For investigations, except as 
65.31 	provided under paragraph (e), an individual or facility that the commissioner of human 
65.32 	services, a local social service agency, or the commissioner of education determines 
65.33 	has maltreated a child, an interested person acting on behalf of the child, regardless of 
65.34 	the determination, who contests the investigating agency's final determination regarding 
65.35 	maltreatment, may request the investigating agency to reconsider its final determination 
66.1 	regarding maltreatment. The request for reconsideration must be submitted in writing 
66.2 	to the investigating agency within 15 calendar days after receipt of notice of the final 
66.3 	determination regarding maltreatment or, if the request is made by an interested person 
66.4 	who is not entitled to notice, within 15 days after receipt of the notice by the parent or 
66.5 	guardian of the child. If mailed, the request for reconsideration must be postmarked and 
66.6 	sent to the investigating agency within 15 calendar days of the individual's or facility's 
66.7 	receipt of the final determination. If the request for reconsideration is made by personal 
66.8 	service, it must be received by the investigating agency within 15 calendar days after the 
66.9 	individual's or facility's receipt of the final determination. Effective January 1, 2002, an 
66.10 	individual who was determined to have maltreated a child under this section and who was 
66.11 	disqualified on the basis of serious or recurring maltreatment under sections 245C.14
66.12 	and 245C.15, may request reconsideration of the maltreatment determination and the 
66.13 	disqualification. The request for reconsideration of the maltreatment determination and 
66.14 	the disqualification must be submitted within 30 calendar days of the individual's receipt 
66.15 	of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the 
66.16 	request for reconsideration of the maltreatment determination and the disqualification 
66.17 	must be postmarked and sent to the investigating agency within 30 calendar days of the 
66.18 	individual's receipt of the maltreatment determination and notice of disqualification. If 
66.19 	the request for reconsideration is made by personal service, it must be received by the 
66.20 	investigating agency within 30 calendar days after the individual's receipt of the notice 
66.21 	of disqualification.
66.22 	(b) Except as provided under paragraphs (e) and (f), if the investigating agency 
66.23 	denies the request or fails to act upon the request within 15 working days after receiving 
66.24 	the request for reconsideration, the person or facility entitled to a fair hearing under section 
66.25 	256.045 may submit to the commissioner of human services or the commissioner of 
66.26 	education a written request for a hearing under that section. Section 256.045 also governs 
66.27 	hearings requested to contest a final determination of the commissioner of education. For 
66.28 	reports involving maltreatment of a child in a facility, an interested person acting on behalf 
66.29 	of the child may request a review by the Child Maltreatment Review Panel under section 
66.30 	256.022 if the investigating agency denies the request or fails to act upon the request or 
66.31 	if the interested person contests a reconsidered determination. The investigating agency 
66.32 	shall notify persons who request reconsideration of their rights under this paragraph. 
66.33 	The request must be submitted in writing to the review panel and a copy sent to the 
66.34 	investigating agency within 30 calendar days of receipt of notice of a denial of a request 
66.35 	for reconsideration or of a reconsidered determination. The request must specifically 
66.36 	identify the aspects of the agency determination with which the person is dissatisfied.
67.1 	(c) If, as a result of a reconsideration or review, the investigating agency changes 
67.2 	the final determination of maltreatment, that agency shall notify the parties specified in 
67.3 	subdivisions 10b, 10d, and 10f.
67.4 	(d) Except as provided under paragraph (f), if an individual or facility contests the 
67.5 	investigating agency's final determination regarding maltreatment by requesting a fair 
67.6 	hearing under section 256.045, the commissioner of human services shall assure that the 
67.7 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
67.8 	a hearing. The time for action on the decision may be extended for as many days as the 
67.9 	hearing is postponed or the record is held open for the benefit of either party.
67.10 	(e) Effective January 1, 2002, if an individual was disqualified under sections 
67.11 	245C.14 and 245C.15, on the basis of a determination of maltreatment, which was 
67.12 	serious or recurring, and the individual has requested reconsideration of the maltreatment 
67.13 	determination under paragraph (a) and requested reconsideration of the disqualification 
67.14 	under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and 
67.15 	reconsideration of the disqualification shall be consolidated into a single reconsideration. 
67.16 	If reconsideration of the maltreatment determination is denied or the disqualification 
67.17 	is not set aside under sections 245C.21 to 245C.27, the individual may request a fair 
67.18 	hearing under section 256.045. If an individual requests a fair hearing on the maltreatment 
67.19 	determination and the disqualification, the scope of the fair hearing shall include both the 
67.20 	maltreatment determination and the disqualification.
67.21 	(f) Effective January 1, 2002, if a maltreatment determination or a disqualification 
67.22 	based on serious or recurring maltreatment is the basis for a denial of a license under 
67.23 	section 245A.05 or a licensing sanction under section 245A.07, the license holder has the 
67.24 	right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 
67.25 	to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the 
67.26 	contested case hearing shall include the maltreatment determination, disqualification, 
67.27 	and licensing sanction or denial of a license. In such cases, a fair hearing regarding the 
67.28 	maltreatment determination and disqualification shall not be conducted under paragraph 
67.29 	(b). When a fine is based on a determination that the license holder is responsible for 
67.30 	maltreatment and the fine is issued at the same time as the maltreatment determination, if 
67.31 	the license holder appeals the maltreatment and fine, reconsideration of the maltreatment 
67.32 	determination shall not be conducted under this section  section 256.045.  Except for 
67.33 	family child care and child foster care, reconsideration of a maltreatment determination 
67.34 	as provided under this subdivision, and reconsideration of a disqualification as provided 
67.35 	under section 245C.22, shall also not be conducted when:
68.1 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
68.2 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
68.3 	or the disqualification of a license holder based on serious or recurring maltreatment; 
68.4 	(2) the denial of a license or licensing sanction is issued at the same time as the 
68.5 	maltreatment determination or disqualification; and
68.6 	(3) the license holder appeals the maltreatment determination or disqualification, and 
68.7 	denial of a license or licensing sanction. 
68.8 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
68.9 	determination or disqualification, but does not appeal the denial of a license or a licensing 
68.10 	sanction, reconsideration of the maltreatment determination shall be conducted under 
68.11 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
68.12 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
68.13 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
68.14 	10i, and 626.557, subdivision 9d.
68.15 	If the disqualified subject is an individual other than the license holder and upon 
68.16 	whom a background study must be conducted under chapter 245C, the hearings of all 
68.17 	parties may be consolidated into a single contested case hearing upon consent of all parties 
68.18 	and the administrative law judge.
68.19 	(g) For purposes of this subdivision, "interested person acting on behalf of the 
68.20 	child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 
68.21 	stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 
68.22 	determined to be the perpetrator of the maltreatment.

68.23 	Sec. 54. Minnesota Statutes 2006, section 626.557, subdivision 9c, is amended to read:
68.24 		Subd. 9c.Lead agency; notifications, dispositions, and determinations. (a) 
68.25 	Upon request of the reporter, the lead agency shall notify the reporter that it has received 
68.26 	the report, and provide information on the initial disposition of the report within five 
68.27 	business days of receipt of the report, provided that the notification will not endanger the 
68.28 	vulnerable adult or hamper the investigation.
68.29 	(b) Upon conclusion of every investigation it conducts, the lead agency shall make a 
68.30 	final disposition as defined in section 626.5572, subdivision 8. 
68.31 	(c) When determining whether the facility or individual is the responsible party for 
68.32 	substantiated maltreatment or whether both the facility and the individual are responsible 
68.33 	for substantiated maltreatment, the lead agency shall consider at least the following 
68.34 	mitigating factors:
69.1 	(1) whether the actions of the facility or the individual caregivers were in accordance 
69.2 	with, and followed the terms of, an erroneous physician order, prescription, resident 
69.3 	care plan, or directive. This is not a mitigating factor when the facility or caregiver is 
69.4 	responsible for the issuance of the erroneous order, prescription, plan, or directive or 
69.5 	knows or should have known of the errors and took no reasonable measures to correct the 
69.6 	defect before administering care;
69.7 	(2) the comparative responsibility between the facility, other caregivers, and 
69.8 	requirements placed upon the employee, including but not limited to, the facility's 
69.9 	compliance with related regulatory standards and factors such as the adequacy of facility 
69.10 	policies and procedures, the adequacy of facility training, the adequacy of an individual's 
69.11 	participation in the training, the adequacy of caregiver supervision, the adequacy of facility 
69.12 	staffing levels, and a consideration of the scope of the individual employee's authority; and
69.13 	(3) whether the facility or individual followed professional standards in exercising 
69.14 	professional judgment.
69.15 	(d) The lead agency shall complete its final disposition within 60 calendar days. If 
69.16 	the lead agency is unable to complete its final disposition within 60 calendar days, the lead 
69.17 	agency shall notify the following persons provided that the notification will not endanger 
69.18 	the vulnerable adult or hamper the investigation: (1) the vulnerable adult or the vulnerable 
69.19 	adult's legal guardian, when known, if the lead agency knows them to be aware of the 
69.20 	investigation and (2) the facility, where applicable. The notice shall contain the reason for 
69.21 	the delay and the projected completion date. If the lead agency is unable to complete its 
69.22 	final disposition by a subsequent projected completion date, the lead agency shall again 
69.23 	notify the vulnerable adult or the vulnerable adult's legal guardian, when known if the lead 
69.24 	agency knows them to be aware of the investigation, and the facility, where applicable, 
69.25 	of the reason for the delay and the revised projected completion date provided that the 
69.26 	notification will not endanger the vulnerable adult or hamper the investigation. A lead 
69.27 	agency's inability to complete the final disposition within 60 calendar days or by any 
69.28 	projected completion date does not invalidate the final disposition.
69.29 	(e) Within ten calendar days of completing the final disposition, the lead agency shall 
69.30 	provide a copy of the public investigation memorandum under subdivision 12b, paragraph 
69.31 	(b), clause (1), when required to be completed under this section, to the following persons: 
69.32 	(1) the vulnerable adult, or the vulnerable adult's legal guardian, if known unless the lead 
69.33 	agency knows that the notification would endanger the well-being of the vulnerable adult; 
69.34 	(2) the reporter, if the reporter requested notification when making the report, provided 
69.35 	this notification would not endanger the well-being of the vulnerable adult; (3) the alleged 
70.1 	perpetrator, if known; (4) the facility; and (5) the ombudsman for older Minnesotans, or 
70.2 	the ombudsman for mental health and developmental disabilities, as appropriate.
70.3 	(f) The lead agency shall notify the vulnerable adult who is the subject of the report 
70.4 	or the vulnerable adult's legal guardian, if known, and any person or facility determined 
70.5 	to have maltreated a vulnerable adult, of their appeal or review rights under this section 
70.6 	or section 256.021. 
70.7 	(g) The lead agency shall routinely provide investigation memoranda for 
70.8 	substantiated reports to the appropriate licensing boards. These reports must include 
70.9 	the names of substantiated perpetrators. The lead agency may not provide investigative 
70.10 	memoranda for inconclusive or false reports to the appropriate licensing boards unless the 
70.11 	lead agency's investigation gives reason to believe that there may have been a violation of 
70.12 	the applicable professional practice laws. If the investigation memorandum is provided 
70.13 	to a licensing board, the subject of the investigation memorandum shall be notified and 
70.14 	receive a summary of the investigative findings.
70.15 	(h) In order to avoid duplication, licensing boards shall consider the findings of the 
70.16 	lead agency in their investigations if they choose to investigate. This does not preclude 
70.17 	licensing boards from considering other information.
70.18 	(i) The lead agency must provide to the commissioner of human services its final 
70.19 	dispositions, including the names of all substantiated perpetrators. The commissioner of 
70.20 	human services shall establish records to retain the names of substantiated perpetrators.

70.21 	Sec. 55. Minnesota Statutes 2006, section 626.557, subdivision 9d, is amended to read:
70.22 		Subd. 9d.Administrative reconsideration of final disposition of maltreatment 
70.23 	and disqualification based on serious or recurring maltreatment; review panel.
 70.24 	(a) Except as provided under paragraph (e), any individual or facility which a lead 
70.25 	agency determines has maltreated a vulnerable adult, or the vulnerable adult or an 
70.26 	interested person acting on behalf of the vulnerable adult, regardless of the lead agency's 
70.27 	determination, who contests the lead agency's final disposition of an allegation of 
70.28 	maltreatment, may request the lead agency to reconsider its final disposition. The request 
70.29 	for reconsideration must be submitted in writing to the lead agency within 15 calendar 
70.30 	days after receipt of notice of final disposition or, if the request is made by an interested 
70.31 	person who is not entitled to notice, within 15 days after receipt of the notice by the 
70.32 	vulnerable adult or the vulnerable adult's legal guardian. If mailed, the request for 
70.33 	reconsideration must be postmarked and sent to the lead agency within 15 calendar 
70.34 	days of the individual's or facility's receipt of the final disposition. If the request for 
70.35 	reconsideration is made by personal service, it must be received by the lead agency 
71.1 	within 15 calendar days of the individual's or facility's receipt of the final disposition. An 
71.2 	individual who was determined to have maltreated a vulnerable adult under this section 
71.3 	and who was disqualified on the basis of serious or recurring maltreatment under sections 
71.4 	245C.14 and 245C.15, may request reconsideration of the maltreatment determination and 
71.5 	the disqualification. The request for reconsideration of the maltreatment determination 
71.6 	and the disqualification must be submitted in writing within 30 calendar days of the 
71.7 	individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. 
71.8 	If mailed, the request for reconsideration of the maltreatment determination and the 
71.9 	disqualification must be postmarked and sent to the lead agency within 30 calendar days of 
71.10 	the individual's receipt of the notice of disqualification. If the request for reconsideration 
71.11 	is made by personal service, it must be received by the lead agency within 30 calendar 
71.12 	days after the individual's receipt of the notice of disqualification.
71.13 	(b) Except as provided under paragraphs (e) and (f), if the lead agency denies the 
71.14 	request or fails to act upon the request within 15 working days after receiving the request 
71.15 	for reconsideration, the person or facility entitled to a fair hearing under section 256.045, 
71.16 	may submit to the commissioner of human services a written request for a hearing 
71.17 	under that statute. The vulnerable adult, or an interested person acting on behalf of the 
71.18 	vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review 
71.19 	Panel under section 256.021 if the lead agency denies the request or fails to act upon the 
71.20 	request, or if the vulnerable adult or interested person contests a reconsidered disposition. 
71.21 	The lead agency shall notify persons who request reconsideration of their rights under this 
71.22 	paragraph. The request must be submitted in writing to the review panel and a copy sent 
71.23 	to the lead agency within 30 calendar days of receipt of notice of a denial of a request for 
71.24 	reconsideration or of a reconsidered disposition. The request must specifically identify the 
71.25 	aspects of the agency determination with which the person is dissatisfied.
71.26 	(c) If, as a result of a reconsideration or review, the lead agency changes the final 
71.27 	disposition, it shall notify the parties specified in subdivision 9c, paragraph (d).
71.28 	(d) For purposes of this subdivision, "interested person acting on behalf of the 
71.29 	vulnerable adult" means a person designated in writing by the vulnerable adult to act 
71.30 	on behalf of the vulnerable adult, or a legal guardian or conservator or other legal 
71.31 	representative, a proxy or health care agent appointed under chapter 145B or 145C, 
71.32 	or an individual who is related to the vulnerable adult, as defined in section 245A.02, 
71.33 	subdivision 13.
71.34 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on 
71.35 	the basis of a determination of maltreatment, which was serious or recurring, and 
71.36 	the individual has requested reconsideration of the maltreatment determination under 
72.1 	paragraph (a) and reconsideration of the disqualification under sections 245C.21 to 
72.2 	245C.27, reconsideration of the maltreatment determination and requested reconsideration 
72.3 	of the disqualification shall be consolidated into a single reconsideration. If reconsideration 
72.4 	of the maltreatment determination is denied or if the disqualification is not set aside under 
72.5 	sections 245C.21 to 245C.27, the individual may request a fair hearing under section 
72.6 	256.045. If an individual requests a fair hearing on the maltreatment determination and 
72.7 	the disqualification, the scope of the fair hearing shall include both the maltreatment 
72.8 	determination and the disqualification.
72.9 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
72.10 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
72.11 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
72.12 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
72.13 	under section 245A.08, the scope of the contested case hearing shall must include the 
72.14 	maltreatment determination, disqualification, and licensing sanction or denial of a license. 
72.15 	In such cases, a fair hearing shall must not be conducted under paragraph (b). When a fine 
72.16 	is based on a determination that the license holder is responsible for maltreatment and 
72.17 	the fine is issued at the same time as the maltreatment determination, if the license holder 
72.18 	appeals the maltreatment and fine, reconsideration of the maltreatment determination shall 
72.19 	not be conducted under this section.section 256.045. Except for family child care and 
72.20 	child foster care, reconsideration of a maltreatment determination under this subdivision, 
72.21 	and reconsideration of a disqualification under section 245C.22, must not be conducted 
72.22 	when:
72.23 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
72.24 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
72.25 	or the disqualification of a license holder based on serious or recurring maltreatment; 
72.26 	(2) the denial of a license or licensing sanction is issued at the same time as the 
72.27 	maltreatment determination or disqualification; and
72.28 	(3) the license holder appeals the maltreatment determination or disqualification, and 
72.29 	denial of a license or licensing sanction. 
72.30 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
72.31 	determination or disqualification, but does not appeal the denial of a license or a licensing 
72.32 	sanction, reconsideration of the maltreatment determination shall be conducted under 
72.33 	section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration 
72.34 	of the disqualification shall be conducted under section 245C.22. In such cases, a fair 
72.35 	hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 
72.36 	10i, and 626.557, subdivision 9d.
73.1 	If the disqualified subject is an individual other than the license holder and upon 
73.2 	whom a background study must be conducted under chapter 245C, the hearings of all 
73.3 	parties may be consolidated into a single contested case hearing upon consent of all parties 
73.4 	and the administrative law judge.
73.5 	(g) Until August 1, 2002, an individual or facility that was determined by the 
73.6 	commissioner of human services or the commissioner of health to be responsible for 
73.7 	neglect under section 626.5572, subdivision 17, after October 1, 1995, and before August 
73.8 	1, 2001, that believes that the finding of neglect does not meet an amended definition of 
73.9 	neglect may request a reconsideration of the determination of neglect. The commissioner 
73.10 	of human services or the commissioner of health shall mail a notice to the last known 
73.11 	address of individuals who are eligible to seek this reconsideration. The request for 
73.12 	reconsideration must state how the established findings no longer meet the elements of 
73.13 	the definition of neglect. The commissioner shall review the request for reconsideration 
73.14 	and make a determination within 15 calendar days. The commissioner's decision on this 
73.15 	reconsideration is the final agency action.
73.16 	(1) For purposes of compliance with the data destruction schedule under subdivision 
73.17 	12b, paragraph (d), when a finding of substantiated maltreatment has been changed as 
73.18 	a result of a reconsideration under this paragraph, the date of the original finding of a 
73.19 	substantiated maltreatment must be used to calculate the destruction date.
73.20 	(2) For purposes of any background studies under chapter 245C, when a 
73.21 	determination of substantiated maltreatment has been changed as a result of a 
73.22 	reconsideration under this paragraph, any prior disqualification of the individual under 
73.23 	chapter 245C that was based on this determination of maltreatment shall be rescinded, 
73.24 	and for future background studies under chapter 245C the commissioner must not use the 
73.25 	previous determination of substantiated maltreatment as a basis for disqualification or as a 
73.26 	basis for referring the individual's maltreatment history to a health-related licensing board 
73.27 	under section 245C.31.

73.28 	Sec. 56. Minnesota Statutes 2006, section 626.5572, subdivision 17, is amended to 
73.29 	read:
73.30 		Subd. 17.Neglect. "Neglect" means:
73.31 	(a) The failure or omission by a caregiver to supply a vulnerable adult with care or 
73.32 	services, including but not limited to, food, clothing, shelter, health care, or supervision 
73.33 	which is:
74.1 	(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or 
74.2 	mental health or safety, considering the physical and mental capacity or dysfunction of 
74.3 	the vulnerable adult; and
74.4 	(2) which is not the result of an accident or therapeutic conduct.
74.5 	(b) The absence or likelihood of absence of care or services, including but not 
74.6 	limited to, food, clothing, shelter, health care, or supervision necessary to maintain the 
74.7 	physical and mental health of the vulnerable adult which a reasonable person would deem 
74.8 	essential to obtain or maintain the vulnerable adult's health, safety, or comfort considering 
74.9 	the physical or mental capacity or dysfunction of the vulnerable adult.
74.10 	(c) For purposes of this section, a vulnerable adult is not neglected for the sole 
74.11 	reason that:
74.12 	(1) the vulnerable adult or a person with authority to make health care decisions for 
74.13 	the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, 
74.14 	or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, 
74.15 	consistent with that authority and within the boundary of reasonable medical practice, to 
74.16 	any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, 
74.17 	or treat the physical or mental condition of the vulnerable adult, or, where permitted under 
74.18 	law, to provide nutrition and hydration parenterally or through intubation; this paragraph 
74.19 	does not enlarge or diminish rights otherwise held under law by: 
74.20 	(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 
74.21 	involved family member, to consent to or refuse consent for therapeutic conduct; or
74.22 	(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or
74.23 	(2) the vulnerable adult, a person with authority to make health care decisions for the 
74.24 	vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means 
74.25 	or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu 
74.26 	of medical care, provided that this is consistent with the prior practice or belief of the 
74.27 	vulnerable adult or with the expressed intentions of the vulnerable adult;
74.28 	(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or 
74.29 	emotional dysfunction or undue influence, engages in consensual sexual contact with:
74.30 	(i) a person including a facility staff person when a consensual sexual personal 
74.31 	relationship existed prior to the caregiving relationship; or
74.32 	(ii) a personal care attendant, regardless of whether the consensual sexual personal 
74.33 	relationship existed prior to the caregiving relationship; or
74.34 	(4) an individual makes an error in the provision of therapeutic conduct to a 
74.35 	vulnerable adult which does not result in injury or harm which reasonably requires 
74.36 	medical or mental health care; or
75.1 	(5) an individual makes an error in the provision of therapeutic conduct to a 
75.2 	vulnerable adult that results in injury or harm, which reasonably requires the care of a 
75.3 	physician, and:
75.4 	(i) the necessary care is provided in a timely fashion as dictated by the condition 
75.5 	of the vulnerable adult;
75.6 	(ii) if after receiving care, the health status of the vulnerable adult can be reasonably 
75.7 	expected, as determined by the attending physician, to be restored to the vulnerable adult's 
75.8 	preexisting condition;
75.9 	(iii) the error is not part of a pattern of errors by the individual;
75.10 	(iv) if in a facility, the error is immediately reported as required under section 
75.11 	626.557, and recorded internally in the facility; 
75.12 	(v) if in a facility, the facility identifies and takes corrective action and implements 
75.13 	measures designed to reduce the risk of further occurrence of this error and similar 
75.14 	errors; and
75.15 	(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently 
75.16 	documented for review and evaluation by the facility and any applicable licensing, 
75.17 	certification, and ombudsman agency.
75.18 	(d) Nothing in this definition requires a caregiver, if regulated, to provide services 
75.19 	in excess of those required by the caregiver's license, certification, registration, or other 
75.20 	regulation.
75.21 	(e) If the findings of an investigation by a lead agency result in a determination of 
75.22 	substantiated maltreatment for the sole reason that the actions required of a facility under 
75.23 	paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the facility is subject 
75.24 	to a correction order. An individual will not be found to have neglected or maltreated the 
75.25 	vulnerable adult based solely on the facility's not having taken the actions required under 
75.26 	paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead agency's 
75.27 	determination of mitigating factors under section 626.557, subdivision 9c, paragraph (c). 

75.28 	Sec. 57. BACKGROUND STUDY REVIEW.
 75.29 	(a) The Collateral Consequences Committee described in Laws 2006, chapter 260, 
75.30 	article 1, section 45, or successor entity, shall review the background study provisions 
75.31 	contained in Minnesota Statutes, chapter 245C as well as set-aside and variance policies. 
75.32 	The committee shall recommend changes in these laws to recodify and simplify them, 
75.33 	and recommend appropriate substantive changes to them consistent with good public 
75.34 	policy and public safety.
76.1 	(b) By February 1, 2008, the committee shall report its findings and recommendations 
76.2 	to the chairs and ranking minority members of the senate and house of representatives 
76.3 	committees having jurisdiction over human services and criminal justice policy.

76.4 	Sec. 58.  REPEALER.
 76.5 	(a) Minnesota Statutes 2006, sections 245A.023; 245A.14, subdivisions 7, 9, 9a, 12, 
76.6 	and 13; and 245C.06, are repealed.
76.7 	(b) Minnesota Rules, parts 9502.0385; and 9503.0035, are repealed.