SF 1724

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to human services; making changes to licensing provisions; modifying 1.3data practices, program administration, disaster plans, education programs, 1.4conditional license provisions, suspensions, sanctions, and contested case 1.5hearings, child care center training, family child care training requirements, 1.6vulnerable adults, maltreatment of minors, background studies, disqualifications, 1.7reconsiderations, disqualification set-asides, fair hearings, appeals, changing 1.8definitions of neglect and physical abuse;amending Minnesota Statutes 1.92006, sections 13.46, subdivisions 2, 4; 148B.555; 245A.03, subdivision 2; 1.10245A.04, subdivision 11, by adding subdivisions; 245A.06, subdivision 4; 1.11245A.07, subdivisions 2a, 3, by adding a subdivision; 245A.08, subdivision 1.122a; 245A.10, subdivision 2; 245A.11, by adding a subdivision; 245A.14, 1.13subdivision 8; 245A.144; 245A.1445; 245A.145, subdivision 1; 245A.18, 1.14subdivision 2; 245A.65, subdivision 1, by adding a subdivision; 245C.02, by 1.15adding a subdivision; 245C.05, subdivision 3; 245C.07; 245C.08; 245C.09, 1.16subdivision 1; 245C.11, by adding a subdivision; 245C.13, subdivision 2; 1.17245C.14, subdivision 1; 245C.15, subdivisions 1, 2, 3, 4; 245C.16, subdivision 1; 1.18245C.17, subdivisions 2, 3; 245C.21, subdivisions 2, 3; 245C.22, subdivisions 1.194, 5; 245C.24, subdivisions 2, 3; 245C.27, subdivision 1; 245C.28, subdivision 1.201; 245C.301; 256B.0919, by adding a subdivision; 256B.092, by adding a 1.21subdivision; 270B.14, subdivision 1; 626.556, subdivisions 2, 10e, 10i; 626.557, 1.22subdivisions 9c, 9d; 626.5572, subdivision 17; proposing coding for new law in 1.23Minnesota Statutes, chapter 245A; repealing Minnesota Statutes 2006, sections 1.24245A.023; 245A.11, subdivision 7; 245A.14, subdivisions 7, 9, 9a, 12, 13; 1.25245C.06; Minnesota Rules, parts 9502.0385; 9503.0035. 1.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.27    Section 1. Minnesota Statutes 2006, section 13.46, subdivision 2, is amended to read: 1.28    Subd. 2. General. (a) Unless the data is summary data or a statute specifically 1.29provides a different classification, data on individuals collected, maintained, used, or 1.30disseminated by the welfare system is private data on individuals, and shall not be 1.31disclosed except: 1.32    (1) according to section 13.05; 2.1    (2) according to court order; 2.2    (3) according to a statute specifically authorizing access to the private data; 2.3    (4) to an agent of the welfare system, including a law enforcement person, attorney, 2.4or investigator acting for it in the investigation or prosecution of a criminal or civil 2.5proceeding relating to the administration of a program; 2.6    (5) to personnel of the welfare system who require the data to verify an individual's 2.7identity; determine eligibility, amount of assistance, and the need to provide services to 2.8an individual or family across programs; evaluate the effectiveness of programs; new text begin assess new text end 2.9 new text begin parental contribution amounts; new text end and investigate suspected fraud; 2.10    (6) to administer federal funds or programs; 2.11    (7) between personnel of the welfare system working in the same program; 2.12    (8) to the Department of Revenue to new text begin assess parental contribution amounts for new text end 2.13 new text begin purposes of section 252.27, subdivision 2a, new text end administer and evaluate tax refund or tax credit 2.14programs and to identify individuals who may benefit from these programs. The following 2.15information may be disclosed under this paragraph: an individual's and their dependent's 2.16names, dates of birth, Social Security numbers, income, addresses, and other data as 2.17required, upon request by the Department of Revenue. Disclosures by the commissioner 2.18of revenue to the commissioner of human services for the purposes described in this clause 2.19are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 2.20but are not limited to, the dependent care credit under section 290.067, the Minnesota 2.21working family credit under section 290.0671, the property tax refund and rental credit 2.22under section 290A.04, and the Minnesota education credit under section 290.0674; 2.23    (9) between the Department of Human Services, the Department of Education, 2.24and the Department of Employment and Economic Development for the purpose of 2.25monitoring new text begin , and when applicable, the Department of Education, for the following purposes: new text end 2.26     new text begin (i) to monitor new text end the eligibility of the data subject for unemployment benefits, for any 2.27employment or training program administered, supervised, or certified by that agency, 2.28for the purpose of administering new text begin ; new text end 2.29     new text begin (ii) to administer new text end any rehabilitation program or child care assistance program, 2.30whether alone or in conjunction with the welfare system, or new text begin ; new text end 2.31     new text begin (iii) new text end to monitor and evaluate the Minnesota family investment program by 2.32exchanging data on recipients and former recipients of food support, cash assistance under 2.33chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical 2.34programs under chapter 256B, 256D, or 256L new text begin ; and new text end 2.35     new text begin (iv) to analyze public assistance employment services and program utilization, new text end 2.36 new text begin cost, effectiveness, and outcomes as implemented under the authority established in Title new text end 3.1 new text begin II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of new text end 3.2 new text begin 1999. Health records governed by section 144.335 and "protected health information" as new text end 3.3 new text begin defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code new text end 3.4 new text begin of Federal Regulations, title 45, parts 160-164, including health care claims utilization new text end 3.5 new text begin information, must not be exchanged under this clause new text end ; 3.6    (10) to appropriate parties in connection with an emergency if knowledge of 3.7the information is necessary to protect the health or safety of the individual or other 3.8individuals or persons; 3.9    (11) data maintained by residential programs as defined in section 245A.02 may 3.10be disclosed to the protection and advocacy system established in this state according 3.11to Part C of Public Law 98-527 to protect the legal and human rights of persons with 3.12developmental disabilities or other related conditions who live in residential facilities for 3.13these persons if the protection and advocacy system receives a complaint by or on behalf 3.14of that person and the person does not have a legal guardian or the state or a designee of 3.15the state is the legal guardian of the person; 3.16    (12) to the county medical examiner or the county coroner for identifying or locating 3.17relatives or friends of a deceased person; 3.18    (13) data on a child support obligor who makes payments to the public agency 3.19may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 3.20determine eligibility under section 136A.121, subdivision 2, clause (5); 3.21    (14) participant Social Security numbers and names collected by the telephone 3.22assistance program may be disclosed to the Department of Revenue to conduct an 3.23electronic data match with the property tax refund database to determine eligibility under 3.24section 237.70, subdivision 4a; 3.25    (15) the current address of a Minnesota family investment program participant 3.26may be disclosed to law enforcement officers who provide the name of the participant 3.27and notify the agency that: 3.28    (i) the participant: 3.29    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 3.30conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 3.31jurisdiction from which the individual is fleeing; or 3.32    (B) is violating a condition of probation or parole imposed under state or federal law; 3.33    (ii) the location or apprehension of the felon is within the law enforcement officer's 3.34official duties; and 3.35    (iii) the request is made in writing and in the proper exercise of those duties; 4.1    (16) the current address of a recipient of general assistance or general assistance 4.2medical care may be disclosed to probation officers and corrections agents who are 4.3supervising the recipient and to law enforcement officers who are investigating the 4.4recipient in connection with a felony level offense; 4.5    (17) information obtained from food support applicant or recipient households may 4.6be disclosed to local, state, or federal law enforcement officials, upon their written request, 4.7for the purpose of investigating an alleged violation of the Food Stamp Act, according 4.8to Code of Federal Regulations, title 7, section 272.1(c); 4.9    (18) the address, Social Security number, and, if available, photograph of any 4.10member of a household receiving food support shall be made available, on request, to a 4.11local, state, or federal law enforcement officer if the officer furnishes the agency with the 4.12name of the member and notifies the agency that: 4.13    (i) the member: 4.14    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 4.15crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing; 4.16    (B) is violating a condition of probation or parole imposed under state or federal 4.17law; or 4.18    (C) has information that is necessary for the officer to conduct an official duty related 4.19to conduct described in subitem (A) or (B); 4.20    (ii) locating or apprehending the member is within the officer's official duties; and 4.21    (iii) the request is made in writing and in the proper exercise of the officer's official 4.22duty; 4.23    (19) the current address of a recipient of Minnesota family investment program, 4.24general assistance, general assistance medical care, or food support may be disclosed to 4.25law enforcement officers who, in writing, provide the name of the recipient and notify the 4.26agency that the recipient is a person required to register under section 243.166, but is not 4.27residing at the address at which the recipient is registered under section 243.166; 4.28    (20) certain information regarding child support obligors who are in arrears may be 4.29made public according to section 518A.74; 4.30    (21) data on child support payments made by a child support obligor and data on 4.31the distribution of those payments excluding identifying information on obligees may be 4.32disclosed to all obligees to whom the obligor owes support, and data on the enforcement 4.33actions undertaken by the public authority, the status of those actions, and data on the 4.34income of the obligor or obligee may be disclosed to the other party; 4.35    (22) data in the work reporting system may be disclosed under section 256.998, 4.36subdivision 7 ; 5.1    (23) to the Department of Education for the purpose of matching Department of 5.2Education student data with public assistance data to determine students eligible for free 5.3and reduced price meals, meal supplements, and free milk according to United States 5.4Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 5.5state funds that are distributed based on income of the student's family; and to verify 5.6receipt of energy assistance for the telephone assistance plan; 5.7    (24) the current address and telephone number of program recipients and emergency 5.8contacts may be released to the commissioner of health or a local board of health as 5.9defined in section 145A.02, subdivision 2, when the commissioner or local board of health 5.10has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 5.11risk of illness, and the data are necessary to locate the person; 5.12    (25) to other state agencies, statewide systems, and political subdivisions of this 5.13state, including the attorney general, and agencies of other states, interstate information 5.14networks, federal agencies, and other entities as required by federal regulation or law for 5.15the administration of the child support enforcement program; 5.16    (26) to personnel of public assistance programs as defined in section 256.741, for 5.17access to the child support system database for the purpose of administration, including 5.18monitoring and evaluation of those public assistance programs; 5.19    (27) to monitor and evaluate the Minnesota family investment program by 5.20exchanging data between the Departments of Human Services and Education, on 5.21recipients and former recipients of food support, cash assistance under chapter 256, 256D, 5.22256J, or 256K, child care assistance under chapter 119B, or medical programs under 5.23chapter 256B, 256D, or 256L; 5.24    (28) to evaluate child support program performance and to identify and prevent 5.25fraud in the child support program by exchanging data between the Department of Human 5.26Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 5.27and (b), without regard to the limitation of use in paragraph (c), Department of Health, 5.28Department of Employment and Economic Development, and other state agencies as is 5.29reasonably necessary to perform these functions; or 5.30    (29) counties operating child care assistance programs under chapter 119B may 5.31disseminate data on program participants, applicants, and providers to the commissioner 5.32of education. 5.33    (b) Information on persons who have been treated for drug or alcohol abuse may 5.34only be disclosed according to the requirements of Code of Federal Regulations, title 5.3542, sections 2.1 to 2.67. 6.1    (c) Data provided to law enforcement agencies under paragraph (a), clause (15), 6.2(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 6.3nonpublic while the investigation is active. The data are private after the investigation 6.4becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b). 6.5    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is 6.6not subject to the access provisions of subdivision 10, paragraph (b). 6.7    For the purposes of this subdivision, a request will be deemed to be made in writing 6.8if made through a computer interface system. 6.9    Sec. 2. Minnesota Statutes 2006, section 13.46, subdivision 4, is amended to read: 6.10    Subd. 4. Licensing data. (a) As used in this subdivision: 6.11    (1) "licensing data" means all data collected, maintained, used, or disseminated by 6.12the welfare system pertaining to persons licensed or registered or who apply for licensure 6.13or registration or who formerly were licensed or registered under the authority of the 6.14commissioner of human services; 6.15    (2) "client" means a person who is receiving services from a licensee or from an 6.16applicant for licensure; and 6.17    (3) "personal and personal financial data" means Social Security numbers, identity 6.18of and letters of reference, insurance information, reports from the Bureau of Criminal 6.19Apprehension, health examination reports, and social/home studies. 6.20    (b)(1) Except as provided in paragraph (c), the following data on current new text begin applicants, new text end 6.21 new text begin license holders, new text end and former licensees are public: name, address, telephone number of 6.22licensees, date of receipt of a completed application, dates of licensure, licensed capacity, 6.23type of client preferred, variances granted, record of training and education in child care 6.24and child development, type of dwelling, name and relationship of other family members, 6.25previous license history, class of license, the existence and status of complaints, and the 6.26number of serious injuries to or deaths of individuals in the licensed program as reported 6.27to the commissioner of human services, the local social services agency, or any other 6.28county welfare agency. For purposes of this clause, a serious injury is one that is treated 6.29by a physician. When a correction order or fine has been issued, a license is suspended, 6.30immediately suspended, revoked, denied, or made conditional, or a complaint is resolved, 6.31the following data on current and former licensees new text begin and applicants new text end are public: the substance 6.32and investigative findings of the licensing or maltreatment complaint, licensing violation, 6.33or substantiated maltreatment; the record of informal resolution of a licensing violation; 6.34orders of hearing; findings of fact; conclusions of law; specifications of the final correction 7.1order, fine, suspension, immediate suspension, revocation, denial, or conditional license 7.2contained in the record of licensing action; and the status of any appeal of these actions. 7.3    (2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, 7.4when any person subject to disqualification under section 245C.14 in connection with a 7.5license to provide family day care for children, child care center services, foster care 7.6for children in the provider's home, or foster care or day care services for adults in the 7.7provider's home is a substantiated perpetrator of maltreatment, and the substantiated 7.8maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator 7.9of maltreatment is public data. For purposes of this clause, a person is a substantiated 7.10perpetrator if the maltreatment determination has been upheld under section 256.045; 7.11626.556, subdivision 10i ; 626.557, subdivision 9d; or chapter 14, or if an individual or 7.12facility has not timely exercised appeal rights under these sections. 7.13    (3) For applicants who withdraw their application prior to licensure or denial of a 7.14license, the following data are public: the name of the applicant, the city and county in 7.15which the applicant was seeking licensure, the dates of the commissioner's receipt of the 7.16initial application and completed application, the type of license sought, and the date 7.17of withdrawal of the application. 7.18    (4) For applicants who are denied a license, the following data are public: the name 7.19 new text begin and address new text end of the applicant, the city and county in which the applicant was seeking 7.20licensure, the dates of the commissioner's receipt of the initial application and completed 7.21application, the type of license sought, the date of denial of the application, the nature of 7.22the basis for the denial, new text begin the record of informal resolution of a denial, orders of hearings, new text end 7.23 new text begin findings of fact, conclusions of law, specifications of the final order of denial, new text end and the 7.24status of any appeal of the denial. 7.25    (5) The following data on persons subject to disqualification under section 245C.14 7.26in connection with a license to provide family day care for children, child care center 7.27services, foster care for children in the provider's home, or foster care or day care services 7.28for adults in the provider's home, are public: the nature of any disqualification set 7.29aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the 7.30disqualification; the nature of any disqualification for which a variance was granted under 7.31sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance 7.32under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person 7.33subject to a background study under section 245C.03, subdivision 1, has successfully 7.34passed a background study. 7.35    (6) When maltreatment is substantiated under section 626.556 or 626.557 and the 7.36victim and the substantiated perpetrator are affiliated with a program licensed under 8.1chapter 245A, the commissioner of human services, local social services agency, or 8.2county welfare agency may inform the license holder where the maltreatment occurred of 8.3the identity of the substantiated perpetrator and the victim. 8.4     new text begin (7) Notwithstanding clause (1), for child foster care, only the name of the license new text end 8.5 new text begin holder and the status of the license are public if the county attorney has requested that data new text end 8.6 new text begin otherwise classified as public data under clause (1) be considered private data based on the new text end 8.7 new text begin best interests of a child in placement in a licensed program. new text end 8.8    (c) The following are private data on individuals under section 13.02, subdivision 8.912 , or nonpublic data under section 13.02, subdivision 9: personal and personal financial 8.10data on family day care program and family foster care program applicants and licensees 8.11and their family members who provide services under the license. 8.12    (d) The following are private data on individuals: the identity of persons who have 8.13made reports concerning licensees or applicants that appear in inactive investigative data, 8.14and the records of clients or employees of the licensee or applicant for licensure whose 8.15records are received by the licensing agency for purposes of review or in anticipation of 8.16a contested matter. The names of reporters under sections 626.556 and 626.557 may be 8.17disclosed only as provided in section 626.556, subdivision 11, or 626.557, subdivision 12b. 8.18    (e) Data classified as private, confidential, nonpublic, or protected nonpublic under 8.19this subdivision become public data if submitted to a court or administrative law judge as 8.20part of a disciplinary proceeding in which there is a public hearing concerning a license 8.21which has been suspended, immediately suspended, revoked, or denied. 8.22    (f) Data generated in the course of licensing investigations that relate to an alleged 8.23violation of law are investigative data under subdivision 3. 8.24    (g) Data that are not public data collected, maintained, used, or disseminated under 8.25this subdivision that relate to or are derived from a report as defined in section 626.556, 8.26subdivision 2 , or 626.5572, subdivision 18, are subject to the destruction provisions of 8.27sections 626.556, subdivision 11c, and 626.557, subdivision 12b. 8.28    (h) Upon request, not public data collected, maintained, used, or disseminated under 8.29this subdivision that relate to or are derived from a report of substantiated maltreatment as 8.30defined in section 626.556 or 626.557 may be exchanged with the Department of Health 8.31for purposes of completing background studies pursuant to section 144.057 and with 8.32the Department of Corrections for purposes of completing background studies pursuant 8.33to section 241.021. 8.34    (i) Data on individuals collected according to licensing activities under chapters 8.35245A and 245C, and data on individuals collected by the commissioner of human services 8.36according to maltreatment investigations under sections 626.556 and 626.557, may be 9.1shared with the Department of Human Rights, the Department of Health, the Department 9.2of Corrections, the Ombudsman for Mental Health and Developmental Disabilities, and 9.3the individual's professional regulatory board when there is reason to believe that laws or 9.4standards under the jurisdiction of those agencies may have been violated. 9.5    (j) In addition to the notice of determinations required under section 626.556, 9.6subdivision 10f , if the commissioner or the local social services agency has determined 9.7that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 9.8abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social 9.9services agency knows that the individual is a person responsible for a child's care in 9.10another facility, the commissioner or local social services agency shall notify the head 9.11of that facility of this determination. The notification must include an explanation of the 9.12individual's available appeal rights and the status of any appeal. If a notice is given under 9.13this paragraph, the government entity making the notification shall provide a copy of the 9.14notice to the individual who is the subject of the notice. 9.15    (k) All not public data collected, maintained, used, or disseminated under this 9.16subdivision and subdivision 3 may be exchanged between the Department of Human 9.17Services, Licensing Division, and the Department of Corrections for purposes of 9.18regulating services for which the Department of Human Services and the Department 9.19of Corrections have regulatory authority. 9.20    Sec. 3. Minnesota Statutes 2006, section 148B.555, is amended to read: 9.21148B.555 EXPERIENCED COUNSELOR TRANSITION. 9.22    (a) An applicant for licensure who, prior to December 31, 2003, completed a master's 9.23or doctoral degree program in counseling or a related field, as determined by the board, and 9.24whose degree was from a counseling program recognized by the Council for Accreditation 9.25of Counseling and Related Education Programs (CACREP) or from an institution of 9.26higher education that is accredited by a regional accrediting organization recognized 9.27by the Council for Higher Education Accreditation (CHEA), need not comply with the 9.28requirements of section 148B.53, subdivision 1, paragraph (a), clause (3), or (b), so long as 9.29the applicant can document five years of full-time postdegree work experience within the 9.30practice of professional counseling as defined under section 148B.50, subdivisions 4 and 5. 9.31    (b) This section expires July 1, 2007 new text begin 2008 new text end . 9.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.33    Sec. 4. Minnesota Statutes 2006, section 245A.03, subdivision 2, is amended to read: 10.1    Subd. 2. Exclusion from licensure. (a) This chapter does not apply to: 10.2    (1) residential or nonresidential programs that are provided to a person by an 10.3individual who is related unless the residential program is a child foster care placement 10.4made by a local social services agency or a licensed child-placing agency, except as 10.5provided in subdivision 2a; 10.6    (2) nonresidential programs that are provided by an unrelated individual to persons 10.7from a single related family; 10.8    (3) residential or nonresidential programs that are provided to adults who do 10.9not abuse chemicals or who do not have a chemical dependency, a mental illness, a 10.10developmental disability, a functional impairment, or a physical disability; 10.11    (4) sheltered workshops or work activity programs that are certified by the 10.12commissioner of economic security; 10.13    (5) programs operated by a public school for children 33 months or older; 10.14    (6) nonresidential programs primarily for children that provide care or supervision 10.15for periods of less than three hours a day while the child's parent or legal guardian is in 10.16the same building as the nonresidential program or present within another building that is 10.17directly contiguous to the building in which the nonresidential program is located; 10.18    (7) nursing homes or hospitals licensed by the commissioner of health except as 10.19specified under section 245A.02; 10.20    (8) board and lodge facilities licensed by the commissioner of health that provide 10.21services for five or more persons whose primary diagnosis is mental illness that do not 10.22provide intensive residential treatment; 10.23    (9) homes providing programs for persons placed there by a new text begin county or a new text end licensed 10.24agency for legal adoption, unless the adoption is not completed within two years; 10.25    (10) programs licensed by the commissioner of corrections; 10.26    (11) recreation programs for children or adults that are operated or approved by a 10.27park and recreation board whose primary purpose is to provide social and recreational 10.28activities; 10.29    (12) programs operated by a school as defined in section 120A.22, subdivision 4, 10.30whose primary purpose is to provide child care to school-age children; 10.31    (13) Head Start nonresidential programs which operate for less than 45 days in 10.32each calendar year; 10.33    (14) noncertified boarding care homes unless they provide services for five or more 10.34persons whose primary diagnosis is mental illness or a developmental disability; 11.1    (15) programs for children such as scouting, boys clubs, girls clubs, and sports and 11.2art programs, and nonresidential programs for children provided for a cumulative total of 11.3less than 30 days in any 12-month period; 11.4    (16) residential programs for persons with mental illness, that are located in hospitals; 11.5    (17) the religious instruction of school-age children; Sabbath or Sunday schools; or 11.6the congregate care of children by a church, congregation, or religious society during the 11.7period used by the church, congregation, or religious society for its regular worship; 11.8    (18) camps licensed by the commissioner of health under Minnesota Rules, chapter 11.94630; 11.10    (19) mental health outpatient services for adults with mental illness or children 11.11with emotional disturbance; 11.12    (20) residential programs serving school-age children whose sole purpose is cultural 11.13or educational exchange, until the commissioner adopts appropriate rules; 11.14    (21) unrelated individuals who provide out-of-home respite care services to persons 11.15with developmental disabilities from a single related family for no more than 90 days in a 11.1612-month period and the respite care services are for the temporary relief of the person's 11.17family or legal representative; 11.18    (22) respite care services provided as a home and community-based service to a 11.19person with a developmental disability, in the person's primary residence; 11.20    (23) community support services programs as defined in section 245.462, subdivision 11.216 , and family community support services as defined in section 245.4871, subdivision 17; 11.22    (24) the placement of a child by a birth parent or legal guardian in a preadoptive 11.23home for purposes of adoption as authorized by section 259.47; 11.24    (25) settings registered under chapter 144D which provide home care services 11.25licensed by the commissioner of health to fewer than seven adults; or 11.26    (26) consumer-directed community support service funded under the Medicaid 11.27waiver for persons with developmental disabilities when the individual who provided 11.28the service is: 11.29    (i) the same individual who is the direct payee of these specific waiver funds or paid 11.30by a fiscal agent, fiscal intermediary, or employer of record; and 11.31    (ii) not otherwise under the control of a residential or nonresidential program that is 11.32required to be licensed under this chapter when providing the service. 11.33    (b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a 11.34building in which a nonresidential program is located if it shares a common wall with the 11.35building in which the nonresidential program is located or is attached to that building by 11.36skyway, tunnel, atrium, or common roof. 12.1    (c) Nothing in this chapter shall be construed to require licensure for any services 12.2provided and funded according to an approved federal waiver plan where licensure is 12.3specifically identified as not being a condition for the services and funding. 12.4    Sec. 5. Minnesota Statutes 2006, section 245A.04, subdivision 11, is amended to read: 12.5    Subd. 11. Education program; additional requirement. (a) The education 12.6program offered in a residential or nonresidential program, except for child care, foster 12.7care, or services for adults, must be approved by the commissioner of education before the 12.8commissioner of human services may grant a license to the program. 12.9    (b) A residential program licensed new text begin by the commissioner of human services new text end under 12.10Minnesota Rules, parts 9545.0905 to 9545.1125 or 9545.1400 to 9545.1480 new text begin 2960.0010 to new text end 12.11 new text begin 2960.0710 new text end , may serve persons through the age of 19 when: 12.12    (1) the admission new text begin or continued stay new text end is necessary for a person to complete a secondary 12.13school program or its equivalent, or it is necessary to facilitate a transition period after 12.14completing the secondary school program or its equivalent for up to four months in order 12.15for the resident to obtain other living arrangements; 12.16    (2) the facility develops policies, procedures, and plans required under section 12.17245A.65 ; 12.18    (3) the facility documents an assessment of the 18- or 19-year-old person's risk 12.19of victimizing children residing in the facility, and develops necessary risk reduction 12.20measures, including sleeping arrangements, to minimize any risk of harm to children; and 12.21    (4) notwithstanding the license holder's target population age range, whenever 12.22persons age 18 or 19 years old are receiving residential services, the age difference among 12.23residents may not exceed five years. 12.24    (c) Nothing in this paragraph precludes the license holder from seeking other 12.25variances under subdivision 9. 12.26    Sec. 6. Minnesota Statutes 2006, section 245A.04, is amended by adding a subdivision 12.27to read: 12.28     new text begin Subd. 14. new text end new text begin Policies and procedures for program administration required and new text end 12.29 new text begin enforceable. new text end new text begin (a) The license holder shall develop program policies and procedures new text end 12.30 new text begin necessary to maintain compliance with licensing requirements under Minnesota Statutes new text end 12.31 new text begin and Minnesota Rules. new text end 12.32     new text begin (b) The license holder shall: new text end 12.33     new text begin (1) provide training to program staff related to their duties in implementing the new text end 12.34 new text begin program's policies and procedures developed under paragraph (a); new text end 13.1     new text begin (2) document the provision of this training; and new text end 13.2     new text begin (3) monitor implementation of policies and procedures by program staff. new text end 13.3     new text begin (c) The license holder shall keep program policies and procedures readily accessible new text end 13.4 new text begin to staff and index the policies and procedures with a table of contents or another method new text end 13.5 new text begin approved by the commissioner. new text end 13.6    Sec. 7. Minnesota Statutes 2006, section 245A.04, is amended by adding a subdivision 13.7to read: 13.8     new text begin Subd. 15. new text end new text begin Pandemic planning. new text end new text begin Upon request, the license holder must cooperate new text end 13.9 new text begin with state and local government disaster planning agencies working to prepare for or react new text end 13.10 new text begin to emergencies presented by a pandemic outbreak. new text end 13.11    Sec. 8. Minnesota Statutes 2006, section 245A.06, subdivision 4, is amended to read: 13.12    Subd. 4. Notice of conditional license; reconsideration of conditional license. If 13.13a license is made conditional, the license holder must be notified of the order by certified 13.14mail or personal service. If mailed, the notice must be mailed to the address shown on 13.15the application or the last known address of the license holder. The notice must state the 13.16reasons the conditional license was ordered and must inform the license holder of the right 13.17to request reconsideration of the conditional license by the commissioner. The license 13.18holder may request reconsideration of the order of conditional license by notifying the 13.19commissioner by certified mail or personal service. The request must be made in writing. 13.20If sent by certified mail, the request must be postmarked and sent to the commissioner 13.21within ten calendar days after the license holder received the order. If a request is made by 13.22personal service, it must be received by the commissioner within ten calendar days after 13.23the license holder received the order. The license holder may submit with the request for 13.24reconsideration written argument or evidence in support of the request for reconsideration. 13.25A timely request for reconsideration shall stay imposition of the terms of the conditional 13.26license until the commissioner issues a decision on the request for reconsideration. If 13.27the commissioner issues a dual order of conditional license under this section and an 13.28order to pay a fine under section 245A.07, subdivision 3, the license holder has a right 13.29to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 13.30to 1400.8612. The scope of the contested case hearing shall include the fine and the 13.31conditional license. In this case, a reconsideration of the conditional license will not be 13.32conducted under this section. new text begin If the license holder does not appeal the fine, the license new text end 13.33 new text begin holder does not have a right to a contested case hearing and a reconsideration of the new text end 13.34 new text begin conditional license must be conducted under this subdivision. new text end 14.1    The commissioner's disposition of a request for reconsideration is final and not 14.2subject to appeal under chapter 14. 14.3    Sec. 9. Minnesota Statutes 2006, section 245A.07, subdivision 2a, is amended to read: 14.4    Subd. 2a. Immediate suspension expedited hearing. (a) Within five working days 14.5of receipt of the license holder's timely appeal, the commissioner shall request assignment 14.6of an administrative law judge. The request must include a proposed date, time, and place 14.7of a hearing. A hearing must be conducted by an administrative law judge within 30 14.8calendar days of the request for assignment, unless an extension is requested by either 14.9party and granted by the administrative law judge for good cause. The commissioner shall 14.10issue a notice of hearing by certified mail or personal service at least ten working days 14.11before the hearing. The scope of the hearing shall be limited solely to the issue of whether 14.12the temporary immediate suspension should remain in effect pending the commissioner's 14.13final order under section 245A.08, regarding a licensing sanction issued under subdivision 14.143 following the immediate suspension. The burden of proof in expedited hearings under 14.15this subdivision shall be limited to the commissioner's demonstration that reasonable 14.16cause exists to believe that the license holder's actions or failure to comply with applicable 14.17law or rule poses new text begin , or if the actions of other individuals or conditions in the program poses new text end 14.18an imminent risk of harm to the health, safety, or rights of persons served by the program. 14.19    (b) The administrative law judge shall issue findings of fact, conclusions, and a 14.20recommendation within ten working days from the date of hearing. The parties shall have 14.21ten calendar days to submit exceptions to the administrative law judge's report. The 14.22record shall close at the end of the ten-day period for submission of exceptions. The 14.23commissioner's final order shall be issued within ten working days from the close of the 14.24record. Within 90 calendar days after a final order affirming an immediate suspension, the 14.25commissioner shall make a determination regarding whether a final licensing sanction 14.26shall be issued under subdivision 3. The license holder shall continue to be prohibited 14.27from operation of the program during this 90-day period. 14.28    (c) When the final order under paragraph (b) affirms an immediate suspension, and a 14.29final licensing sanction is issued under subdivision 3 and the license holder appeals that 14.30sanction, the license holder continues to be prohibited from operation of the program 14.31pending a final commissioner's order under section 245A.08, subdivision 5, regarding the 14.32final licensing sanction. 14.33    Sec. 10. Minnesota Statutes 2006, section 245A.07, subdivision 3, is amended to read: 15.1    Subd. 3. License suspension, revocation, or fine. (a) The commissioner may 15.2suspend or revoke a license, or impose a fine if a license holder fails to comply fully with 15.3applicable laws or rules, if a license holder or new text begin , a controlling individual, new text end an individual 15.4living in the household where the licensed services are provided new text begin or is otherwise subject new text end 15.5 new text begin to a background study new text end has a disqualification which has not been set aside under section 15.6245C.22 , or if a license holder knowingly withholds relevant information from or gives 15.7false or misleading information to the commissioner in connection with an application for 15.8a license, in connection with the background study status of an individual, or during an 15.9investigation new text begin , or regarding compliance with applicable laws or rules new text end . A license holder 15.10who has had a license suspended, revoked, or has been ordered to pay a fine must be 15.11given notice of the action by certified mail or personal service. If mailed, the notice 15.12must be mailed to the address shown on the application or the last known address of the 15.13license holder. The notice must state the reasons the license was suspended, revoked, or 15.14a fine was ordered. 15.15    (b) If the license was suspended or revoked, the notice must inform the license 15.16holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, 15.17parts 1400.8505 to 1400.8612. The license holder may appeal an order suspending or 15.18revoking a license. The appeal of an order suspending or revoking a license must be made 15.19in writing by certified mail or personal service. If mailed, the appeal must be postmarked 15.20and sent to the commissioner within ten calendar days after the license holder receives 15.21notice that the license has been suspended or revoked. If a request is made by personal 15.22service, it must be received by the commissioner within ten calendar days after the license 15.23holder received the order. Except as provided in subdivision 2a, paragraph (c), a timely 15.24appeal of an order suspending or revoking a license shall stay the suspension or revocation 15.25until the commissioner issues a final order. 15.26    (c)(1) If the license holder was ordered to pay a fine, the notice must inform the 15.27license holder of the responsibility for payment of fines and the right to a contested case 15.28hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal 15.29of an order to pay a fine must be made in writing by certified mail or personal service. If 15.30mailed, the appeal must be postmarked and sent to the commissioner within ten calendar 15.31days after the license holder receives notice that the fine has been ordered. If a request is 15.32made by personal service, it must be received by the commissioner within ten calendar 15.33days after the license holder received the order. 15.34    (2) The license holder shall pay the fines assessed on or before the payment date 15.35specified. If the license holder fails to fully comply with the order, the commissioner 15.36may issue a second fine or suspend the license until the license holder complies. If the 16.1license holder receives state funds, the state, county, or municipal agencies or departments 16.2responsible for administering the funds shall withhold payments and recover any payments 16.3made while the license is suspended for failure to pay a fine. A timely appeal shall stay 16.4payment of the fine until the commissioner issues a final order. 16.5    (3) A license holder shall promptly notify the commissioner of human services, 16.6in writing, when a violation specified in the order to forfeit a fine is corrected. If upon 16.7reinspection the commissioner determines that a violation has not been corrected as 16.8indicated by the order to forfeit a fine, the commissioner may issue a second fine. The 16.9commissioner shall notify the license holder by certified mail or personal service that a 16.10second fine has been assessed. The license holder may appeal the second fine as provided 16.11under this subdivision. 16.12    (4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for each 16.13determination of maltreatment of a child under section 626.556 or the maltreatment of 16.14a vulnerable adult under section 626.557; the license holder shall forfeit $200 for each 16.15occurrence of a violation of law or rule governing matters of health, safety, or supervision, 16.16including but not limited to the provision of adequate staff-to-child or adult ratios, and 16.17failure to submit a background study; and the license holder shall forfeit $100 for each 16.18occurrence of a violation of law or rule other than those subject to a $1,000 or $200 fine 16.19above. For purposes of this section, "occurrence" means each violation identified in the 16.20commissioner's fine order. 16.21    (5) When a fine has been assessed, the license holder may not avoid payment by 16.22closing, selling, or otherwise transferring the licensed program to a third party. In such an 16.23event, the license holder will be personally liable for payment. In the case of a corporation, 16.24each controlling individual is personally and jointly liable for payment. 16.25    Sec. 11. Minnesota Statutes 2006, section 245A.07, is amended by adding a 16.26subdivision to read: 16.27     new text begin Subd. 6. new text end new text begin Appeal of multiple sanctions. new text end new text begin (a) When the license holder appeals more new text end 16.28 new text begin than one licensing action or sanction that were simultaneously issued by the commissioner, new text end 16.29 new text begin the license holder shall specify the actions or sanctions that are being appealed. new text end 16.30     new text begin (b) If there are different timelines prescribed in statutes for the licensing actions or new text end 16.31 new text begin sanctions being appealed, the license holder must submit the appeal within the longest of new text end 16.32 new text begin those timelines specified in statutes. new text end 16.33     new text begin (c) The appeal must be made in writing by certified mail or personal service. If new text end 16.34 new text begin mailed, the appeal must be postmarked and sent to the commissioner within the prescribed new text end 16.35 new text begin timeline with the first day beginning the day after the license holder receives the certified new text end 17.1 new text begin letter. If a request is made by personal service, it must be received by the commissioner new text end 17.2 new text begin within the prescribed timeline with the first day beginning the day after the license holder new text end 17.3 new text begin receives the certified letter. new text end 17.4     new text begin (d) When there are different timelines prescribed in statutes for the appeal new text end 17.5 new text begin of licensing actions or sanctions simultaneously issued by the commissioner, the new text end 17.6 new text begin commissioner shall specify in the notice to the license holder the timeline for appeal new text end 17.7 new text begin as specified under paragraph (b). new text end 17.8    Sec. 12. Minnesota Statutes 2006, section 245A.08, subdivision 2a, is amended to read: 17.9    Subd. 2a. Consolidated contested case hearings. (a) When a denial of a license 17.10under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is 17.11based on a disqualification for which reconsideration was requested and which was not 17.12set aside under section 245C.22, the scope of the contested case hearing shall include 17.13the disqualification and the licensing sanction or denial of a license new text begin , unless otherwise new text end 17.14 new text begin specified in this subdivision new text end . When the licensing sanction or denial of a license is based on 17.15a determination of maltreatment under section 626.556 or 626.557, or a disqualification 17.16for serious or recurring maltreatment which was not set aside, the scope of the contested 17.17case hearing shall include the maltreatment determination, disqualification, and the 17.18licensing sanction or denial of a license new text begin , unless otherwise specified in this subdivision new text end . 17.19In such cases, a fair hearing under section 256.045 shall not be conducted as provided 17.20for in sections new text begin 245C.27, new text end 626.556, subdivision 10i, and 626.557, subdivision 9d. When a 17.21fine is based on a determination that the license holder is responsible for maltreatment 17.22and the fine is issued at the same time as the maltreatment determination, if the license 17.23holder appeals the maltreatment and fine, the scope of the contested case hearing shall 17.24include the maltreatment determination and fine and reconsideration of the maltreatment 17.25determination shall not be conducted as provided for in sections 626.556, subdivision 17.2610i , and 626.557, subdivision 9d. 17.27    (b) new text begin Except for family child care and child foster care, reconsideration of a new text end 17.28 new text begin maltreatment determination under sections 626.556, subdivision 10i, and 626.557, new text end 17.29 new text begin subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall new text end 17.30 new text begin not be conducted when: new text end 17.31     new text begin (1) a denial of a license under section 245A.05 or a licensing sanction under section new text end 17.32 new text begin 245A.07, is based on a determination that the license holder is responsible for maltreatment new text end 17.33 new text begin or the disqualification of a license holder is based on serious or recurring maltreatment; new text end 17.34     new text begin (2) the denial of a license or licensing sanction is issued at the same time as the new text end 17.35 new text begin maltreatment determination or disqualification; and new text end 18.1     new text begin (3) the license holder appeals the maltreatment determination or disqualification, new text end 18.2 new text begin and denial of a license or licensing sanction. In these cases, a fair hearing shall not be new text end 18.3 new text begin conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision new text end 18.4 new text begin 9d. The scope of the contested case hearing must include the maltreatment determination, new text end 18.5 new text begin disqualification, and denial of a license or licensing sanction. new text end 18.6     new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment new text end 18.7 new text begin determination or disqualification, but does not appeal the denial of a license or a licensing new text end 18.8 new text begin sanction, reconsideration of the maltreatment determination shall be conducted under new text end 18.9 new text begin section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration new text end 18.10 new text begin of the disqualification shall be conducted under section 245C.22. In such cases, a fair new text end 18.11 new text begin hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision new text end 18.12 new text begin 10i, and 626.557, subdivision 9d. new text end 18.13     new text begin (c) new text end In consolidated contested case hearings regarding sanctions issued in family child 18.14care, child foster care, family adult day services, and adult foster care, the county attorney 18.15shall defend the commissioner's orders in accordance with section 245A.16, subdivision 4. 18.16    (c) new text begin (d) new text end The commissioner's final order under subdivision 5 is the final agency action 18.17on the issue of maltreatment and disqualification, including for purposes of subsequent 18.18background studies under chapter 245C and is the only administrative appeal of the final 18.19agency determination, specifically, including a challenge to the accuracy and completeness 18.20of data under section 13.04. 18.21    (d) new text begin (e) new text end When consolidated hearings under this subdivision involve a licensing 18.22sanction based on a previous maltreatment determination for which the commissioner 18.23has issued a final order in an appeal of that determination under section 256.045, or the 18.24individual failed to exercise the right to appeal the previous maltreatment determination 18.25under section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's 18.26order is conclusive on the issue of maltreatment. In such cases, the scope of the 18.27administrative law judge's review shall be limited to the disqualification and the licensing 18.28sanction or denial of a license. In the case of a denial of a license or a licensing sanction 18.29issued to a facility based on a maltreatment determination regarding an individual who is 18.30not the license holder or a household member, the scope of the administrative law judge's 18.31review includes the maltreatment determination. 18.32    (e) new text begin (f) The hearings of all parties may be consolidated into a single contested case new text end 18.33 new text begin hearing upon consent of all parties and the administrative law judge, new text end if new text begin : new text end 18.34     new text begin (1) new text end a maltreatment determination or disqualification, which was not set aside under 18.35section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing 18.36sanction under section 245A.07, and new text begin ; new text end 19.1     new text begin (2) new text end the disqualified subject is an individual other than the license holder and upon 19.2whom a background study must be conducted under section 245C.03, the hearings of 19.3all parties may be consolidated into a single contested case hearing upon consent of all 19.4parties and the administrative law judge. new text begin ; and new text end 19.5     new text begin (3) the individual has a hearing right under section 245C.27. new text end 19.6    (f) Notwithstanding section 245C.27, subdivision 1, paragraph (c), new text begin (g) new text end When a denial 19.7of a license under section 245A.05 or a licensing sanction under section 245A.07 is based 19.8on a disqualification for which reconsideration was requested and was not set aside under 19.9section 245C.22, and the disqualification was based on a conviction or an admission to any 19.10crimes listed in section new text begin individual otherwise has no hearing right under section new text end 19.11 new text begin 245C.27 new text end , the scope of the administrative law judge's review shall include the denial or 19.12sanction and a determination whether the disqualification should be set aside new text begin , unless new text end 19.13 new text begin section 245C.24 prohibits the set-aside of the disqualification new text end . In determining whether the 19.14disqualification should be set aside, the administrative law judge shall consider the factors 19.15under section 245C.22, subdivision 4, to determine whether the individual poses a risk of 19.16harm to any person receiving services from the license holder. 19.17    (g) new text begin (h) new text end Notwithstanding section 245C.30, subdivision 5, when a licensing sanction 19.18under section 245A.07 is based on the termination of a variance under section 245C.30, 19.19subdivision 4 , the scope of the administrative law judge's review shall include the sanction 19.20and a determination whether the disqualification should be set aside new text begin , unless section new text end 19.21 new text begin 245C.24 prohibits the set-aside of the disqualification new text end . In determining whether the 19.22disqualification should be set aside, the administrative law judge shall consider the factors 19.23under section 245C.22, subdivision 4, to determine whether the individual poses a risk of 19.24harm to any person receiving services from the license holder. 19.25    Sec. 13. Minnesota Statutes 2006, section 245A.10, subdivision 2, is amended to read: 19.26    Subd. 2. County fees for background studies and licensing inspections. (a) For 19.27purposes of family and group family child care licensing under this chapter, a county 19.28agency may charge a fee to an applicant or license holder to recover the actual cost of 19.29background studies, but in any case not to exceed $100 annually. A county agency may 19.30also charge a fee to an applicant or license holder to recover the actual cost of licensing 19.31inspections, but in any case not to exceed $150 annually. 19.32    (b) A county agency may charge a fee to a legal nonlicensed child care provider or 19.33applicant for authorization to recover the actual cost of background studies completed 19.34under section 119B.125, but in any case not to exceed $100 annually. 19.35    (c) Counties may elect to reduce or waive the fees in paragraph (a) or (b): 20.1    (1) in cases of financial hardship; 20.2    (2) if the county has a shortage of providers in the county's area; 20.3    (3) for new providers; or 20.4    (4) for providers who have attained at least 16 hours of training before seeking 20.5initial licensure. 20.6    (d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on 20.7an installment basis for up to one year. If the provider is receiving child care assistance 20.8payments from the state, the provider may have the fees under paragraph (a) or (b) 20.9deducted from the child care assistance payments for up to one year and the state shall 20.10reimburse the county for the county fees collected in this manner. 20.11     new text begin (e) For purposes of adult foster care and child foster care licensing under this new text end 20.12 new text begin chapter, a county agency may charge a fee to a corporate applicant or corporate license new text end 20.13 new text begin holder to recover the actual cost of background studies. A county agency may also charge new text end 20.14 new text begin a fee to a corporate applicant or corporate license holder to recover the actual cost of new text end 20.15 new text begin licensing inspections, not to exceed $500 annually. new text end 20.16     new text begin (f) Counties may elect to reduce or waive the fees in paragraph (e) under the new text end 20.17 new text begin following circumstances: (1) in cases of financial hardship; (2) if the county has a shortage new text end 20.18 new text begin of providers in the county's area; or (3) for new providers. new text end 20.19    Sec. 14. Minnesota Statutes 2006, section 245A.11, is amended by adding a 20.20subdivision to read: 20.21     new text begin Subd. 8. new text end new text begin Overnight supervision. new text end new text begin Notwithstanding Minnesota Rules, part new text end 20.22 new text begin 9555.5105, subpart 37, item B, the level of overnight supervision for a resident of an new text end 20.23 new text begin adult foster home shall be determined by the interdisciplinary team and the individual's new text end 20.24 new text begin residential placement agreement. new text end 20.25    Sec. 15. Minnesota Statutes 2006, section 245A.14, subdivision 8, is amended to read: 20.26    Subd. 8. Experienced aides; child care centers. (a) An individual employed as an 20.27aide at a child care center may work with children without being directly supervised for an 20.28amount of time that does not exceed 25 percent of the child care center's daily hours if: 20.29    (1) a teacher is in the facility; 20.30    (2) the individual has received new text begin within the last three years new text end first aid training within 20.31the last three years new text begin that meets the requirements under section 245A.40, subdivision 3, new text end 20.32and CPR training within the last two years new text begin that meets the requirements under section new text end 20.33 new text begin 245A.40, subdivision 4 new text end ; 20.34    (3) the individual is at least 20 years old; and 21.1    (4) the individual has at least 4,160 hours of child care experience as a staff member 21.2in a licensed child care center or as the license holder of a family day care home, 120 days 21.3of which must be in the employment of the current company. 21.4    (b) A child care center that uses experienced aides under this subdivision must notify 21.5parents or guardians by posting the notification in each classroom that uses experienced 21.6aides, identifying which staff member is the experienced aide. Records of experienced 21.7aide usage must be kept on-site and given to the commissioner upon request. 21.8    (c) A child care center may not use the experienced aide provision for one year 21.9following two determined experienced aide violations within a one-year period. 21.10    (d) A child care center may use one experienced aide per every four full-time child 21.11care classroom staff. 21.12    Sec. 16. new text begin [245A.1435] REDUCTION OF RISK OF SUDDEN INFANT DEATH new text end 21.13 new text begin SYNDROME IN LICENSED PROGRAMS. new text end 21.14     new text begin When a license holder is placing an infant to sleep, the license holder must place the new text end 21.15 new text begin infant on the infant's back, unless the license holder has documentation from the infant's new text end 21.16 new text begin parent directing an alternative sleeping position for the infant, and must place the infant in new text end 21.17 new text begin a crib with a firm mattress. The license holder must not place pillows, quilts, comforters, new text end 21.18 new text begin sheepskin, pillow-like stuffed toys, or other soft products in the crib with the infant. new text end 21.19 new text begin Licensed child care providers must meet the crib requirements under section 245A.146. new text end 21.20    Sec. 17. Minnesota Statutes 2006, section 245A.144, is amended to read: 21.21245A.144 SUDDEN INFANT DEATH AND SHAKEN BABY SYNDROME new text begin new text end 21.22 new text begin FOR CHILD FOSTER CARE PROVIDERS new text end . 21.23    (a) License holders new text begin Licensed child foster care providers that care for infants new text end must 21.24document that before staff persons, new text begin and new text end caregivers, and helpers assist in the care of infants, 21.25they new text begin are instructed on the standards in section 245A.1435 and new text end receive training on reducing 21.26the risk of sudden infant death syndrome and shaken baby syndrome. new text begin This section does not new text end 21.27 new text begin apply to emergency relative foster care under section 245A.035. new text end The training on reducing 21.28the risk of sudden infant death syndrome and shaken baby syndrome may be provided as: 21.29    (1) orientation training to child care center staff under Minnesota Rules, part 21.309503.0035, subpart 1, and to child foster care providers, who care for infants, under 21.31Minnesota Rules, part 2960.3070, subpart 1; new text begin or new text end 21.32    (2) initial training to family and group family child care providers under Minnesota 21.33Rules, part 9502.0385, subpart 2; 22.1    (3) new text begin (2) new text end in-service training to child care center staff under Minnesota Rules, part 22.29503.0035, subpart 4, and to child foster care providers, who care for infants, under 22.3Minnesota Rules, part 2960.3070, subpart 2; or new text begin . new text end 22.4    (4) ongoing training to family and group family child care providers under 22.5Minnesota Rules, part 9502.0385, subpart 3. 22.6    (b) Training required under this section must be at least one hour in length and must 22.7be completed at least once every five years. At a minimum, the training must address the 22.8risk factors related to sudden infant death syndrome and shaken baby syndrome, means of 22.9reducing the risk of sudden infant death syndrome and shaken baby syndrome in child 22.10care, and license holder communication with parents regarding reducing the risk of sudden 22.11infant death syndrome and shaken baby syndrome. 22.12    (c) Training for family and group family child care providers must be approved by 22.13the county licensing agency according to Minnesota Rules, part 9502.0385. 22.14    (d) new text begin (c) new text end Training for child foster care providers must be approved by the county 22.15licensing agency and fulfills, in part, training required under Minnesota Rules, part 22.162960.3070. 22.17    Sec. 18. new text begin [245A.1444] TRAINING ON RISK OF SUDDEN INFANT DEATH new text end 22.18 new text begin SYNDROME AND SHAKEN BABY SYNDROME BY OTHER PROGRAMS. new text end 22.19     new text begin A licensed chemical dependency treatment program that serves clients with infants new text end 22.20 new text begin who sleep at the program and a licensed children's residential facility that serves infants new text end 22.21 new text begin must document that before program staff persons or volunteers assist in the care of infants, new text end 22.22 new text begin they are instructed on the standards in section 245A.1435 and they receive training on new text end 22.23 new text begin reducing the risk of sudden infant death syndrome and shaken baby syndrome. The new text end 22.24 new text begin training conducted under this section may be used to fulfill training requirements under new text end 22.25 new text begin Minnesota Rules, parts 2960.0100, subpart 3; and 9530.6490, subpart 4, item B. new text end 22.26     new text begin This section does not apply to child care centers or family child care programs new text end 22.27 new text begin governed by sections 245A.40 and 245A.50. new text end 22.28    Sec. 19. Minnesota Statutes 2006, section 245A.1445, is amended to read: 22.29245A.1445 DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN. 22.30    The commissioner shall make available for viewing by all licensed and legal 22.31nonlicensed child care providers a video presentation on the dangers associated with 22.32shaking infants and young children. The video presentation shall be part of the initial and 22.33annual training of licensed child care providers. Legal nonlicensed child care providers 22.34may participate at their option in a video presentation session offered under this section. 23.1The commissioner shall provide to child care providers and interested individuals, at cost, 23.2copies of a video approved by the commissioner of health under section 144.574 on the 23.3dangers associated with shaking infants and young children. 23.4    Sec. 20. Minnesota Statutes 2006, section 245A.145, subdivision 1, is amended to read: 23.5    Subdivision 1. Policies and procedures. (a) All licensed child care providers must 23.6develop policies and procedures for reporting suspected child maltreatment that fulfill the 23.7requirements in section 626.556 and must develop policies and procedures for reporting 23.8complaints about the operation of a child care program. The policies and procedures must 23.9include the telephone numbers of the local county child protection agency for reporting 23.10suspected maltreatment; the county licensing agency for family and group family child 23.11care providers; and the state licensing agency for child care centers for reporting other 23.12concerns. 23.13    (b) The policies and procedures required in paragraph (a) must: 23.14    (1) be provided to the parents of all children at the time of enrollment in the child 23.15care program; and 23.16    (2) be made available upon request. 23.17    Sec. 21. Minnesota Statutes 2006, section 245A.18, subdivision 2, is amended to read: 23.18    Subd. 2. Child passenger restraint systems; training requirement. (a) Family 23.19and group family child care, child care centers, child foster care, and other Programs 23.20licensed by the Department of Human Services new text begin under Minnesota Rules, chapter 2960, new text end that 23.21serve a child or children under nine years of age must document training that fulfills the 23.22requirements in this subdivision. 23.23    (b) Before a license holder, staff person, new text begin or new text end caregiver, or helper transports a child 23.24or children under age nine in a motor vehicle, the person transporting the child must 23.25satisfactorily complete training on the proper use and installation of child restraint systems 23.26in motor vehicles. Training completed under this section may be used to meet initial 23.27or ongoing training under the following: 23.28    (1) Minnesota Rules, part 2960.3070, subparts 1 and 2; new text begin . new text end 23.29    (2) Minnesota Rules, part , subparts 2 and 3; and 23.30    (3) Minnesota Rules, part , subparts 1 and 4. 23.31 new text begin For all providers licensed prior to July 1, 2006, the training required in this subdivision new text end 23.32 new text begin must be obtained by December 31, 2007. new text end 23.33    (c) Training required under this section must be at least one hour in length, 23.34completed at orientation or initial training, and repeated at least once every five years. At 24.1a minimum, the training must address the proper use of child restraint systems based on 24.2the child's size, weight, and age, and the proper installation of a car seat or booster seat in 24.3the motor vehicle used by the license holder to transport the child or children. 24.4    (d) Training under paragraph (c) must be provided by individuals who are certified 24.5and approved by the Department of Public Safety, Office of Traffic Safety. License holders 24.6may obtain a list of certified and approved trainers through the Department of Public 24.7Safety Web site or by contacting the agency. 24.8    (e) Child care providers that only transport school age children as defined in section 24.9245A.02 , subdivision 16, in school buses as defined in section 169.01, subdivision 6, 24.10clauses (1) to (4), are exempt from this subdivision. 24.11    Sec. 22. new text begin [245A.40] CHILD CARE CENTER TRAINING REQUIREMENTS. new text end 24.12     new text begin Subdivision 1. new text end new text begin Orientation. new text end new text begin The child care center license holder must ensure that new text end 24.13 new text begin every staff person and volunteer is given orientation training and successfully completes new text end 24.14 new text begin the training before starting assigned duties. The orientation training in this subdivision new text end 24.15 new text begin applies to volunteers who will have direct contact with or access to children and who are new text end 24.16 new text begin not under the direct supervision of a staff person. Completion of the orientation must be new text end 24.17 new text begin documented in the individual's personnel record. The orientation training must include new text end 24.18 new text begin information about: new text end 24.19     new text begin (1) the center's philosophy, child care program, and procedures for maintaining new text end 24.20 new text begin health and safety and handling emergencies and accidents; new text end 24.21     new text begin (2) specific job responsibilities; new text end 24.22     new text begin (3) the behavior guidance standards in Minnesota Rules, part 9503.0055; and new text end 24.23     new text begin (4) the reporting responsibilities in section 626.556, and Minnesota Rules, part new text end 24.24 new text begin 9503.0130. new text end 24.25     new text begin Subd. 2. new text end new text begin Child growth and development training. new text end new text begin (a) For purposes of child care new text end 24.26 new text begin centers, the director and all staff hired after July 1, 2006, shall complete and document new text end 24.27 new text begin at least two hours of child growth and development training within the first year of new text end 24.28 new text begin employment. For purposes of this subdivision, "child growth and development training" new text end 24.29 new text begin means training in understanding how children acquire language and develop physically, new text end 24.30 new text begin cognitively, emotionally, and socially. Training completed under this subdivision may be new text end 24.31 new text begin used to meet the orientation training requirements under subdivision 1 and the in-service new text end 24.32 new text begin training requirements under subdivision 7. new text end 24.33     new text begin (b) Notwithstanding paragraph (a), individuals are exempt from this requirement if new text end 24.34 new text begin they: new text end 25.1     new text begin (1) have taken a three-credit college course on early childhood development within new text end 25.2 new text begin the past five years; new text end 25.3     new text begin (2) have received a baccalaureate or master's degree in early childhood education or new text end 25.4 new text begin school-age child care within the past five years; new text end 25.5     new text begin (3) are licensed in Minnesota as a prekindergarten teacher, an early childhood new text end 25.6 new text begin educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an new text end 25.7 new text begin early childhood special education teacher, or an elementary teacher with a kindergarten new text end 25.8 new text begin endorsement; or new text end 25.9     new text begin (4) have received a baccalaureate degree with a Montessori certificate within the new text end 25.10 new text begin past five years. new text end 25.11     new text begin Subd. 3. new text end new text begin First aid. new text end new text begin All teachers and assistant teachers in a child care center new text end 25.12 new text begin governed by Minnesota Rules, parts 9503.0005 to 9503.0170, and at least one staff person new text end 25.13 new text begin during field trips and when transporting children in care, must satisfactorily complete first new text end 25.14 new text begin aid training within 90 days of the start of work, unless the training has been completed new text end 25.15 new text begin within the previous three years. The first aid training must be repeated at least every three new text end 25.16 new text begin years, documented in the person's personnel record and indicated on the center's staffing new text end 25.17 new text begin chart, and provided by an individual approved as a first aid instructor. This training may new text end 25.18 new text begin be less than eight hours. new text end 25.19     new text begin Subd. 4. new text end new text begin Cardiopulmonary resuscitation. new text end new text begin (a) When children are present in a child new text end 25.20 new text begin care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, at least one staff new text end 25.21 new text begin person must be present in the center who has been trained in cardiopulmonary resuscitation new text end 25.22 new text begin (CPR) and in the treatment of obstructed airways. The CPR training must have been new text end 25.23 new text begin provided by an individual approved to provide CPR instruction, must be repeated at least new text end 25.24 new text begin once every three years, and must be documented in the staff person's records. new text end 25.25     new text begin (b) Cardiopulmonary resuscitation training may be provided for less than four hours. new text end 25.26     new text begin (c) Persons qualified to provide cardiopulmonary resuscitation training shall include new text end 25.27 new text begin individuals approved as cardiopulmonary resuscitation instructors. new text end 25.28     new text begin Subd. 5. new text end new text begin Sudden infant death syndrome and shaken baby syndrome training. new text end 25.29     new text begin (a) License holders must document that before staff persons care for infants, they are new text end 25.30 new text begin instructed on the standards in section 245A.1435 and receive training on reducing the new text end 25.31 new text begin risk of sudden infant death syndrome and shaken baby syndrome. The training in this new text end 25.32 new text begin subdivision may be provided as orientation training under subdivision 1 and in-service new text end 25.33 new text begin training under subdivision 7. new text end 25.34     new text begin (b) Training required under this subdivision must be at least one hour in length and new text end 25.35 new text begin must be completed at least once every five years. At a minimum, the training must address new text end 25.36 new text begin the risk factors related to sudden infant death syndrome and shaken baby syndrome, new text end 26.1 new text begin means of reducing the risk of sudden infant death syndrome and shaken baby syndrome in new text end 26.2 new text begin child care, and license holder communication with parents regarding reducing the risk of new text end 26.3 new text begin sudden infant death syndrome and shaken baby syndrome. new text end 26.4     new text begin (c) The commissioner shall make available for viewing a video presentation on the new text end 26.5 new text begin dangers associated with shaking infants and young children. The video presentation must new text end 26.6 new text begin be part of the orientation and annual in-service training of licensed child care centers. The new text end 26.7 new text begin commissioner shall provide to child care providers and interested individuals, at cost, new text end 26.8 new text begin copies of a video approved by the commissioner of health under section 144.574 on the new text end 26.9 new text begin dangers associated with shaking infants and young children. new text end 26.10     new text begin Subd. 6. new text end new text begin Child passenger restraint systems; training requirement. new text end new text begin (a) A license new text end 26.11 new text begin holder must comply with all seat belt and child passenger restraint system requirements new text end 26.12 new text begin under section 169.685. new text end 26.13     new text begin (b) Child care centers that serve a child or children under nine years of age must new text end 26.14 new text begin document training that fulfills the requirements in this subdivision. new text end 26.15     new text begin (1) Before a license holder transports a child or children under age nine in a motor new text end 26.16 new text begin vehicle, the person placing the child or children in a passenger restraint must satisfactorily new text end 26.17 new text begin complete training on the proper use and installation of child restraint systems in motor new text end 26.18 new text begin vehicles. Training completed under this subdivision may be used to meet orientation new text end 26.19 new text begin training under subdivision 1 and in-service training under subdivision 7. new text end 26.20     new text begin (2) Training required under this subdivision must be at least one hour in length, new text end 26.21 new text begin completed at orientation, and repeated at least once every five years. At a minimum, the new text end 26.22 new text begin training must address the proper use of child restraint systems based on the child's size, new text end 26.23 new text begin weight, and age, and the proper installation of a car seat or booster seat in the motor new text end 26.24 new text begin vehicle used by the license holder to transport the child or children. new text end 26.25     new text begin (3) Training required under this subdivision must be provided by individuals new text end 26.26 new text begin who are certified and approved by the Department of Public Safety, Office of Traffic new text end 26.27 new text begin Safety. License holders may obtain a list of certified and approved trainers through the new text end 26.28 new text begin Department of Public Safety Web site or by contacting the agency. new text end 26.29     new text begin (4) Child care providers that only transport school-age children as defined in section new text end 26.30 new text begin 245A.02, subdivision 16, in child care buses as defined in section 169.448, subdivision 1, new text end 26.31 new text begin paragraph (e), are exempt from this subdivision. new text end 26.32     new text begin Subd. 7. new text end new text begin In-service. new text end new text begin (a) A license holder must ensure that an annual in-service new text end 26.33 new text begin training plan is developed and carried out and that it meets the requirements in clauses (1) new text end 26.34 new text begin to (7). The in-service training plan must: new text end 26.35     new text begin (1) be consistent with the center's child care program plan; new text end 27.1     new text begin (2) meet the training needs of individual staff persons as specified in each staff new text end 27.2 new text begin person's annual evaluation report; new text end 27.3     new text begin (3) provide training, at least one-fourth of which is by a resource not affiliated new text end 27.4 new text begin with the license holder; new text end 27.5     new text begin (4) include Minnesota Rules, parts 9503.0005 to 9503.0170, relevant to the staff new text end 27.6 new text begin person's position and must occur within two weeks of initial employment; new text end 27.7     new text begin (5) provide that at least one-half of the annual in-service training completed by a staff new text end 27.8 new text begin person each year pertains to the age of children for which the person is providing care; new text end 27.9     new text begin (6) provide that no more than four hours of each annual in-service training new text end 27.10 new text begin requirement relate to administration, finances, and records training for a teacher, assistant new text end 27.11 new text begin teacher, or aide; and new text end 27.12     new text begin (7) provide that the remainder of the in-service training requirement be met by new text end 27.13 new text begin participation in training in child growth and development; learning environment and new text end 27.14 new text begin curriculum; assessment and planning for individual needs; interactions with children; new text end 27.15 new text begin families and communities; health, safety, and nutrition; and program planning and new text end 27.16 new text begin evaluation. new text end 27.17     new text begin (b) For purposes of this subdivision, the following terms have the meanings given new text end 27.18 new text begin them. new text end 27.19     new text begin (1) "Child growth and development training" has the meaning given it in subdivision new text end 27.20 new text begin 2, paragraph (a). new text end 27.21     new text begin (2) "Learning environment and curriculum" means training in establishing an new text end 27.22 new text begin environment that provides learning experiences to meet each child's needs, capabilities, new text end 27.23 new text begin and interests, including early childhood education methods or theory, recreation, sports, new text end 27.24 new text begin promoting creativity in the arts, arts and crafts methods or theory, and early childhood new text end 27.25 new text begin special education methods or theory. new text end 27.26     new text begin (3) "Assessment and planning for individual needs" means training in observing and new text end 27.27 new text begin assessing what children know and can do in order to provide curriculum and instruction new text end 27.28 new text begin that addresses their developmental and learning needs, including children with special new text end 27.29 new text begin needs. new text end 27.30     new text begin (4) "Interactions with children" means training in establishing supportive new text end 27.31 new text begin relationships with children and guiding them as individuals and as part of a group, new text end 27.32 new text begin including child study techniques and behavior guidance. new text end 27.33     new text begin (5) "Families and communities" means training in working collaboratively with new text end 27.34 new text begin families, agencies, and organizations to meet children's needs and to encourage the new text end 27.35 new text begin community's involvement, including family studies and parent involvement. new text end 28.1     new text begin (6) "Health, safety, and nutrition" means training in establishing and maintaining an new text end 28.2 new text begin environment that ensures children's health, safety, and nourishment, including first aid, new text end 28.3 new text begin cardiopulmonary resuscitation, child nutrition, and child abuse and neglect prevention. new text end 28.4     new text begin (7) "Program planning and evaluation" means training in establishing, implementing, new text end 28.5 new text begin evaluating, and enhancing program operations. new text end 28.6     new text begin (c) The director and all program staff persons must annually complete a number of new text end 28.7 new text begin hours of in-service training equal to at least two percent of the hours for which the director new text end 28.8 new text begin or program staff person is annually paid, unless one of the following is applicable. new text end 28.9     new text begin (1) A teacher at a child care center must complete one percent of working hours of new text end 28.10 new text begin in-service training annually if the teacher: new text end 28.11     new text begin (i) possesses a baccalaureate or master's degree in early childhood education or new text end 28.12 new text begin school-age care; new text end 28.13     new text begin (ii) is licensed in Minnesota as a prekindergarten teacher, an early childhood new text end 28.14 new text begin educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an new text end 28.15 new text begin early childhood special education teacher, or an elementary teacher with a kindergarten new text end 28.16 new text begin endorsement; or new text end 28.17     new text begin (iii) possesses a baccalaureate degree with a Montessori certificate. new text end 28.18     new text begin (2) A teacher or assistant teacher at a child care center must complete one and new text end 28.19 new text begin one-half percent of working hours of in-service training annually if the individual is: new text end 28.20     new text begin (i) a registered nurse or licensed practical nurse with experience working with new text end 28.21 new text begin infants; new text end 28.22     new text begin (ii) possesses a Montessori certificate, a technical college certificate in early new text end 28.23 new text begin childhood development, or a child development associate certificate; or new text end 28.24     new text begin (iii) possesses an associate of arts degree in early childhood education, a new text end 28.25 new text begin baccalaureate degree in child development, or a technical college diploma in early new text end 28.26 new text begin childhood development. new text end 28.27     new text begin (d) The number of required training hours may be prorated for individuals not new text end 28.28 new text begin employed full time or for an entire year. new text end 28.29     new text begin (e) The annual in-service training must be completed within the calendar year for new text end 28.30 new text begin which it was required. In-service training completed by staff persons is transferable upon new text end 28.31 new text begin a staff person's change in employment to another child care program. new text end 28.32     new text begin (f) The license holder must ensure that, when a staff person completes in-service new text end 28.33 new text begin training, the training is documented in the staff person's personnel record. The new text end 28.34 new text begin documentation must include the date training was completed, the goal of the training and new text end 28.35 new text begin topics covered, trainer's name and organizational affiliation, trainer's signed statement that new text end 28.36 new text begin training was successfully completed, and the director's approval of the training. new text end 29.1     new text begin Subd. 8. new text end new text begin Cultural dynamics and disabilities training for child care providers. new text end 29.2     new text begin (a) The training required of licensed child care center staff must include training in the new text end 29.3 new text begin cultural dynamics of early childhood development and child care. The cultural dynamics new text end 29.4 new text begin and disabilities training and skills development of child care providers must be designed new text end 29.5 new text begin to achieve outcomes for providers of child care that include, but are not limited to: new text end 29.6     new text begin (1) an understanding and support of the importance of culture and differences in new text end 29.7 new text begin ability in children's identity development; new text end 29.8     new text begin (2) understanding the importance of awareness of cultural differences and new text end 29.9 new text begin similarities in working with children and their families; new text end 29.10     new text begin (3) understanding and support of the needs of families and children with differences new text end 29.11 new text begin in ability; new text end 29.12     new text begin (4) developing skills to help children develop unbiased attitudes about cultural new text end 29.13 new text begin differences and differences in ability; new text end 29.14     new text begin (5) developing skills in culturally appropriate caregiving; and new text end 29.15     new text begin (6) developing skills in appropriate caregiving for children of different abilities. new text end 29.16     new text begin (b) Curriculum for cultural dynamics and disability training shall be approved by new text end 29.17 new text begin the commissioner. new text end 29.18     new text begin (c) The commissioner shall amend current rules relating to the training of the new text end 29.19 new text begin licensed child care center staff to require cultural dynamics training. Timelines established new text end 29.20 new text begin in the rule amendments for complying with the cultural dynamics training requirements new text end 29.21 new text begin must be based on the commissioner's determination that curriculum materials and trainers new text end 29.22 new text begin are available statewide. new text end 29.23     new text begin (d) For programs caring for children with special needs, the license holder shall new text end 29.24 new text begin ensure that any additional staff training required by the child's individual child care new text end 29.25 new text begin program plan required under Minnesota Rules, part 9503.0065, subpart 3, is provided. new text end 29.26    Sec. 23. new text begin [245A.50] FAMILY CHILD CARE TRAINING REQUIREMENTS. new text end 29.27     new text begin Subdivision 1. new text end new text begin Initial training. new text end new text begin (a) License holders, caregivers, and substitutes must new text end 29.28 new text begin comply with the training requirements in this section. new text end 29.29     new text begin (b) Helpers who assist with care on a regular basis must complete six hours of new text end 29.30 new text begin training within one year after the date of initial employment. new text end 29.31     new text begin Subd. 2. new text end new text begin Child growth and development training. new text end new text begin (a) For purposes of family and new text end 29.32 new text begin group family child care, the license holder and each adult caregiver who provides care new text end 29.33 new text begin in the licensed setting for more than 30 days in any 12-month period shall complete and new text end 29.34 new text begin document at least two hours of child growth and development training within the first year new text end 29.35 new text begin of licensure. For purposes of this subdivision, "child growth and development training" new text end 30.1 new text begin means training in understanding how children acquire language and develop physically, new text end 30.2 new text begin cognitively, emotionally, and socially. new text end 30.3     new text begin (b) Notwithstanding paragraph (a), individuals are exempt from this requirement if new text end 30.4 new text begin they: new text end 30.5     new text begin (1) have taken a three-credit course on early childhood development within the new text end 30.6 new text begin past five years; new text end 30.7     new text begin (2) have received a baccalaureate or masters degree in early childhood education or new text end 30.8 new text begin school age child care within the past five years; new text end 30.9     new text begin (3) are licensed in Minnesota as a prekindergarten teacher, an early childhood new text end 30.10 new text begin educator, a kindergarten to grade 6 teacher with a prekindergarten specialty, an early new text end 30.11 new text begin childhood special education teacher, or an elementary teacher with a kindergarten new text end 30.12 new text begin endorsement; or new text end 30.13     new text begin (4) have received a baccalaureate degree with a Montessori certificate within the new text end 30.14 new text begin past five years. new text end 30.15     new text begin Subd. 3. new text end new text begin First aid. new text end new text begin (a) When children are present in a family child care home new text end 30.16 new text begin governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person new text end 30.17 new text begin must be present in the home who has been trained in first aid. The first aid training must new text end 30.18 new text begin have been provided by an individual approved to provide first aid instruction. First aid new text end 30.19 new text begin training may be less than eight hours and persons qualified to provide first aid training new text end 30.20 new text begin includes individuals approved as first aid instructors. new text end 30.21     new text begin (b) A family child care provider is exempt from the first aid training requirements new text end 30.22 new text begin under this subdivision related to any substitute caregiver who provides less than 30 hours new text end 30.23 new text begin of care during any 12-month period. new text end 30.24     new text begin (c) Video training reviewed and approved by the county licensing agency satisfies new text end 30.25 new text begin the training requirement of this subdivision. new text end 30.26     new text begin Subd. 4. new text end new text begin Cardiopulmonary resuscitation. new text end new text begin (a) When children are present in a family new text end 30.27 new text begin child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least new text end 30.28 new text begin one staff person must be present in the home who has been trained in cardiopulmonary new text end 30.29 new text begin resuscitation (CPR) and in the treatment of obstructed airways. The CPR training must new text end 30.30 new text begin have been provided by an individual approved to provide CPR instruction, must be new text end 30.31 new text begin repeated at least once every three years, and must be documented in the staff person's new text end 30.32 new text begin records. new text end 30.33     new text begin (b) A family child care provider is exempt from the CPR training requirement in new text end 30.34 new text begin this subdivision related to any substitute caregiver who provides less than 30 hours of new text end 30.35 new text begin care during any 12-month period. new text end 31.1     new text begin (c) Video training reviewed and approved by the county licensing agency satisfies new text end 31.2 new text begin the training requirement of this subdivision. new text end 31.3     new text begin Subd. 5. new text end new text begin Sudden infant death syndrome and shaken baby syndrome training. new text end 31.4     new text begin (a) License holders must document that before staff persons, caregivers, and helpers new text end 31.5 new text begin assist in the care of infants, they are instructed on the standards in section 245A.1435 and new text end 31.6 new text begin receive training on reducing the risk of sudden infant death syndrome and shaken baby new text end 31.7 new text begin syndrome. The training in this subdivision may be provided as initial training under new text end 31.8 new text begin subdivision 1 or ongoing training under subdivision 7. new text end 31.9     new text begin (b) Training required under this subdivision must be at least one hour in length and new text end 31.10 new text begin must be completed at least once every five years. At a minimum, the training must address new text end 31.11 new text begin the risk factors related to sudden infant death syndrome and shaken baby syndrome, new text end 31.12 new text begin means of reducing the risk of sudden infant death syndrome and shaken baby syndrome in new text end 31.13 new text begin child care, and license holder communication with parents regarding reducing the risk of new text end 31.14 new text begin sudden infant death syndrome and shaken baby syndrome. new text end 31.15     new text begin (c) Training for family and group family child care providers must be approved new text end 31.16 new text begin by the county licensing agency. new text end 31.17     new text begin (d) The commissioner shall make available for viewing by all licensed child care new text end 31.18 new text begin providers a video presentation on the dangers associated with shaking infants and young new text end 31.19 new text begin children. The video presentation shall be part of the initial and ongoing training of new text end 31.20 new text begin licensed child care providers. The commissioner shall provide to child care providers and new text end 31.21 new text begin interested individuals, at cost, copies of a video approved by the commissioner of health new text end 31.22 new text begin under section 144.574 on the dangers associated with shaking infants and young children. new text end 31.23     new text begin Subd. 6. new text end new text begin Child passenger restraint systems; training requirement. new text end new text begin (a) A license new text end 31.24 new text begin holder must comply with all seat belt and child passenger restraint system requirements new text end 31.25 new text begin under section 169.685. new text end 31.26     new text begin (b) Family and group family child care programs licensed by the Department of new text end 31.27 new text begin Human Services that serve a child or children under nine years of age must document new text end 31.28 new text begin training that fulfills the requirements in this subdivision. new text end 31.29     new text begin (1) Before a license holder, staff person, caregiver, or helper transports a child or new text end 31.30 new text begin children under age nine in a motor vehicle, the person placing the child or children in a new text end 31.31 new text begin passenger restraint must satisfactorily complete training on the proper use and installation new text end 31.32 new text begin of child restraint systems in motor vehicles. Training completed under this subdivision new text end 31.33 new text begin may be used to meet initial training under subdivision 1, or ongoing training under new text end 31.34 new text begin subdivision 7. new text end 31.35     new text begin (2) Training required under this subdivision must be at least one hour in length, new text end 31.36 new text begin completed at initial training, and repeated at least once every five years. At a minimum, new text end 32.1 new text begin the training must address the proper use of child restraint systems based on the child's new text end 32.2 new text begin size, weight, and age, and the proper installation of a car seat or booster seat in the motor new text end 32.3 new text begin vehicle used by the license holder to transport the child or children. new text end 32.4     new text begin (3) Training under this subdivision must be provided by individuals who are certified new text end 32.5 new text begin and approved by the Department of Public Safety, Office of Traffic Safety. License holders new text end 32.6 new text begin may obtain a list of certified and approved trainers through the Department of Public new text end 32.7 new text begin Safety Web site or by contacting the agency. new text end 32.8     new text begin (c) Child care providers that only transport school age children as defined in section new text end 32.9 new text begin 245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448, new text end 32.10 new text begin subdivision 1, paragraph (e), are exempt from this subdivision. new text end 32.11     new text begin Subd. 7. new text end new text begin Training requirements for family and group family child care. new text end 32.12     new text begin For purposes of family and group family child care, the license holder and each new text end 32.13 new text begin primary caregiver must complete eight hours of training each year. For purposes of new text end 32.14 new text begin this subdivision, a primary caregiver is an adult caregiver who provides services in the new text end 32.15 new text begin licensed setting for more than 30 days in any 12-month period. Ongoing training subjects new text end 32.16 new text begin must be selected from the following areas: new text end 32.17     new text begin (1) "child growth and development training" has the meaning given in subdivision 2, new text end 32.18 new text begin paragraph (a); new text end 32.19     new text begin (2) "learning environment and curriculum" includes training in establishing an new text end 32.20 new text begin environment and providing activities that provide learning experiences to meet each new text end 32.21 new text begin child's needs, capabilities, and interests; new text end 32.22     new text begin (3) "assessment and planning for individual needs" includes training in observing and new text end 32.23 new text begin assessing what children know and can do in order to provide curriculum and instruction new text end 32.24 new text begin that addresses their developmental and learning needs, including children with special new text end 32.25 new text begin needs and bilingual children or children for whom English is not their primary language; new text end 32.26     new text begin (4) "interactions with children" includes training in establishing supportive new text end 32.27 new text begin relationships with children, guiding them as individuals and as part of a group; new text end 32.28     new text begin (5) "families and communities" includes training in working collaboratively with new text end 32.29 new text begin families and agencies or organizations to meet children's needs and to encourage the new text end 32.30 new text begin community's involvement; new text end 32.31     new text begin (6) "health, safety, and nutrition" includes training in establishing and maintaining an new text end 32.32 new text begin environment that ensures children's health, safety, and nourishment, including child abuse, new text end 32.33 new text begin maltreatment, prevention, and reporting; home and fire safety; child injury prevention; new text end 32.34 new text begin communicable disease prevention and control; First Aid; and CPR; and new text end 32.35     new text begin (7) "program planning and evaluation" includes training in establishing, new text end 32.36 new text begin implementing, evaluating, and enhancing program operations. new text end 33.1     new text begin Subd. 8. new text end new text begin Other required training requirements. new text end new text begin (a) The training required of new text end 33.2 new text begin family and group family child care providers and staff must include training in the cultural new text end 33.3 new text begin dynamics of early childhood development and child care. The cultural dynamics and new text end 33.4 new text begin disabilities training and skills development of child care providers must be designed to new text end 33.5 new text begin achieve outcomes for providers of child care that include, but are not limited to: new text end 33.6     new text begin (1) an understanding and support of the importance of culture and differences in new text end 33.7 new text begin ability in children's identity development; new text end 33.8     new text begin (2) understanding the importance of awareness of cultural differences and new text end 33.9 new text begin similarities in working with children and their families; new text end 33.10     new text begin (3) understanding and support of the needs of families and children with differences new text end 33.11 new text begin in ability; new text end 33.12     new text begin (4) developing skills to help children develop unbiased attitudes about cultural new text end 33.13 new text begin differences and differences in ability; new text end 33.14     new text begin (5) developing skills in culturally appropriate caregiving; and new text end 33.15     new text begin (6) developing skills in appropriate caregiving for children of different abilities. new text end 33.16     new text begin The commissioner shall approve the curriculum for cultural dynamics and disability new text end 33.17 new text begin training. new text end 33.18     new text begin (b) The provider must meet the training requirement in section 245A.14, subdivision new text end 33.19 new text begin 11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child new text end 33.20 new text begin care or group family child care home to use the swimming pool located at the home. new text end 33.21    Sec. 24. Minnesota Statutes 2006, section 245A.65, subdivision 1, is amended to read: 33.22    Subdivision 1. License holder requirements. All license holders serving vulnerable 33.23adults shall establish and enforce written policies and procedures related to suspected or 33.24alleged maltreatment, and shall orient clients and mandated reporters who are under 33.25the control of the license holder to these procedures, as defined in section 626.5572, 33.26subdivision 16 . 33.27    (a) License holders must establish policies and procedures allowing but not 33.28mandating the internal reporting of alleged or suspected maltreatment. License holders 33.29shall ensure that the policies and procedures on internal reporting: 33.30    (1) meet all the requirements identified for the optional internal reporting policies 33.31and procedures in section 626.557, subdivision 4a; and 33.32    (2) identify the primary and secondary person or position to whom internal reports 33.33may be made and the primary and secondary person or position responsible for forwarding 33.34internal reports to the common entry point as defined in section 626.5572, subdivision 5. 34.1The secondary person must be involved when there is reason to believe that the primary 34.2person was involved in the alleged or suspected maltreatment. 34.3    (b) The license holder shall: 34.4    (1) establish and maintain policies and procedures to ensure that an internal review 34.5is completed new text begin and that corrective action is taken as necessary to protect the health and new text end 34.6 new text begin safety of vulnerable adults new text end when the facility has reason to know that an internal or external 34.7report of alleged or suspected maltreatment has been made. The review must include an 34.8evaluation of whether related policies and procedures were followed, whether the policies 34.9and procedures were adequate, whether there is a need for additional staff training, 34.10 new text begin whether the reported event is similar to past events with the vulnerable adults or the new text end 34.11 new text begin services involved, new text end and whether there is a need for any further new text begin corrective new text end action to be taken 34.12by the facility new text begin license holder new text end to protect the health and safety of vulnerable adults; new text begin . Based new text end 34.13 new text begin on the results of this review, the license holder must develop, document, and implement a new text end 34.14 new text begin corrective action plan designed to correct current lapses and prevent future lapses in new text end 34.15 new text begin performance by individuals or the license holder, if any. new text end 34.16    (2) identify the primary and secondary person or position who will ensure that, when 34.17required, internal reviews are completed. The secondary person shall be involved when 34.18there is reason to believe that the primary person was involved in the alleged or suspected 34.19maltreatment; and 34.20    (3) document and make internal reviews accessible to the commissioner upon 34.21the commissioner's request. new text begin The documentation provided to the commissioner by the new text end 34.22 new text begin license holder may consist of a completed checklist that verifies completion of each of new text end 34.23 new text begin the requirements of the review. new text end 34.24    (c) The license holder shall provide an orientation to the internal and external 34.25reporting procedures to all persons receiving services. The orientation shall include the 34.26telephone number for the license holder's common entry point as defined in section 34.27626.5572, subdivision 5 . If applicable, the person's legal representative must be notified of 34.28the orientation. The program shall provide this orientation for each new person within 24 34.29hours of admission, or for persons who would benefit more from a later orientation, the 34.30orientation may take place within 72 hours. 34.31    (d) The license holder shall post a copy of the internal and external reporting policies 34.32and procedures, including the telephone number of the common entry point as defined 34.33in section 626.5572, subdivision 5, in a prominent location in the program and have it 34.34available upon request to mandated reporters, persons receiving services, and the person's 34.35legal representatives. 35.1    Sec. 25. Minnesota Statutes 2006, section 245A.65, is amended by adding a 35.2subdivision to read: 35.3     new text begin Subd. 1a. new text end new text begin Determination of vulnerable adult status. new text end new text begin (a) A license holder that new text end 35.4 new text begin provides services to adults who are excluded from the definition of vulnerable adult under new text end 35.5 new text begin section 626.5572, subdivision 21, clause (2), must determine whether the person is a new text end 35.6 new text begin vulnerable adult under section 626.5572, subdivision 21, clause (4). This determination new text end 35.7 new text begin must be made within 24 hours of: new text end 35.8     new text begin (1) admission to the licensed program; and new text end 35.9     new text begin (2) any incident that: new text end 35.10     new text begin (i) was reported under section 626.557; or new text end 35.11     new text begin (ii) would have been required to be reported under section 626.557, if one or more of new text end 35.12 new text begin the adults involved in the incident had been vulnerable adults. new text end 35.13     new text begin (b) Upon determining that a person receiving services is a vulnerable adult under new text end 35.14 new text begin section 626.5572, subdivision 21, clause (4), all requirements relative to vulnerable adults new text end 35.15 new text begin under section 626.557 and chapter 245A must be met by the license holder. new text end 35.16    Sec. 26. new text begin [245A.66] REQUIREMENTS; MALTREATMENT OF MINORS. new text end 35.17     new text begin Except for family child care settings and foster care for children in the license new text end 35.18 new text begin holder's residence, license holders serving children shall: new text end 35.19     new text begin (1) establish and maintain policies and procedures to ensure that an internal review new text end 35.20 new text begin is completed and that corrective action is taken if necessary to protect the health and new text end 35.21 new text begin safety of children in care when the facility has reason to know that an internal or external new text end 35.22 new text begin report of alleged or suspected maltreatment has been made. The review must include new text end 35.23 new text begin an evaluation of whether: new text end 35.24     new text begin (i) related policies and procedures were followed; new text end 35.25     new text begin (ii) the policies and procedures were adequate; new text end 35.26     new text begin (iii) there is a need for additional staff training; new text end 35.27     new text begin (iv) the reported event is similar to past events with the children or the services new text end 35.28 new text begin involved; and new text end 35.29     new text begin (v) there is a need for corrective action by the license holder to protect the health and new text end 35.30 new text begin safety of children in care. new text end 35.31     new text begin Based on the results of this review, the license holder must develop, document, and new text end 35.32 new text begin implement a corrective action plan designed to correct current lapses and prevent future new text end 35.33 new text begin lapses in performance by individuals or the license holder, if any; new text end 35.34     new text begin (2) identify the primary and secondary person or position who will ensure that, when new text end 35.35 new text begin required, internal reviews are completed. The secondary person shall be involved when new text end 36.1 new text begin there is reason to believe that the primary person was involved in the alleged or suspected new text end 36.2 new text begin maltreatment; and new text end 36.3     new text begin (3) document that the internal review has been completed and provide documentation new text end 36.4 new text begin showing the review was completed to the commissioner upon the commissioner's request. new text end 36.5 new text begin The documentation provided to the commissioner by the license holder may consist of a new text end 36.6 new text begin completed checklist that verifies completion of each of the requirements of the review. new text end 36.7    Sec. 27. Minnesota Statutes 2006, section 245C.02, is amended by adding a 36.8subdivision to read: 36.9     new text begin Subd. 9a. new text end new text begin Conviction. new text end new text begin "Conviction" has the meaning given in section 609.02, new text end 36.10 new text begin subdivision 5. new text end 36.11    Sec. 28. Minnesota Statutes 2006, section 245C.05, subdivision 3, is amended to read: 36.12    Subd. 3. Additional information from individual studied. new text begin (a) For purposes of new text end 36.13 new text begin completing the background study, new text end the commissioner may request additional information 36.14of the individual, such as the individual's Social Security number or race. The individual 36.15is not required to provide this information to the commissioner. 36.16     new text begin (b) The commissioner may also require additional information if the commissioner new text end 36.17 new text begin determines the information is necessary to complete the background study. Failure to new text end 36.18 new text begin provide the required information may result in a disqualification pursuant to section new text end 36.19 new text begin 245C.09. new text end 36.20    Sec. 29. Minnesota Statutes 2006, section 245C.07, is amended to read: 36.21245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES. 36.22    (a) When a license holder new text begin , applicant, or other entity new text end owns multiple facilities new text begin new text end 36.23 new text begin programs or services new text end that are licensed by the Department of Human Services, new text begin Department new text end 36.24 new text begin of Health, or Department of Corrections, new text end only one background study is required for an 36.25individual who provides direct contact services in one or more of the licensed facilities new text begin new text end 36.26 new text begin programs or services new text end if: 36.27    (1) the license holder designates one individual with one address and telephone 36.28number as the person to receive sensitive background study information for the multiple 36.29licensed programs new text begin or services new text end that depend on the same background study; and 36.30    (2) the individual designated to receive the sensitive background study information 36.31is capable of determining, upon request of the department, whether a background study 36.32subject is providing direct contact services in one or more of the license holder's programs 36.33 new text begin or services new text end and, if so, at which location or locations. 37.1    (b) When a background study is being initiated by a licensed facility new text begin program new text end 37.2 new text begin or service new text end or a foster care provider that is also registered under chapter 144D, a study 37.3subject affiliated with multiple licensed facilities new text begin programs or services new text end may attach to the 37.4background study form a cover letter indicating the additional facilities' names new text begin of the new text end 37.5 new text begin programs or services new text end , addresses, and background study identification numbers. 37.6    When the commissioner receives a notice, the commissioner shall notify each 37.7facility new text begin program or service new text end identified by the background study subject of the study results. 37.8    The background study notice the commissioner sends to the subsequent agencies 37.9shall satisfy those facilities' new text begin programs' or services' new text end responsibilities for initiating a 37.10background study on that individual. 37.11    Sec. 30. Minnesota Statutes 2006, section 245C.08, is amended to read: 37.12245C.08 BACKGROUND STUDY; INFORMATION COMMISSIONER 37.13REVIEWS. 37.14    Subdivision 1. Background studies conducted by commissioner of human 37.15services. (a) For a background study conducted by the commissioner, the commissioner 37.16shall review: 37.17    (1) information related to names of substantiated perpetrators of maltreatment of 37.18vulnerable adults that has been received by the commissioner as required under section 37.19626.557, subdivision 9c , paragraph (i); 37.20    (2) the commissioner's records relating to the maltreatment of minors in licensed 37.21programs, and from county agency findings of maltreatment of minors as indicated 37.22through the social service information system; 37.23    (3) information from juvenile courts as required in subdivision 4 for individuals 37.24listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and 37.25    (4) information from the Bureau of Criminal Apprehension. 37.26    (b) Notwithstanding expungement by a court, the commissioner may consider 37.27information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 37.28received notice of the petition for expungement and the court order for expungement is 37.29directed specifically to the commissioner. 37.30    Subd. 2. Background studies conducted by a county or private agency. (a) For 37.31a background study conducted by a county or private agency for child foster care, adult 37.32foster care, and family child care homes, the commissioner shall review: 37.33    (1) information from the county agency's record of substantiated maltreatment 37.34of adults and the maltreatment of minors; 38.1    (2) information from juvenile courts as required in subdivision 4 for individuals 38.2listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); new text begin and new text end 38.3    (3) information from the Bureau of Criminal Apprehension; and new text begin . new text end 38.4    (4) arrest and investigative records maintained by the Bureau of Criminal 38.5Apprehension, county attorneys, county sheriffs, courts, county agencies, local police, the 38.6National Criminal Records Repository, and criminal records from other states. 38.7    (b) If the individual has resided in the county for less than five years, the study shall 38.8include the records specified under paragraph (a) for the previous county or counties of 38.9residence for the past five years. 38.10    (c) Notwithstanding expungement by a court, the county or private agency may 38.11consider information obtained under paragraph (a), clauses (3) and (4), unless the 38.12commissioner received notice of the petition for expungement and the court order for 38.13expungement is directed specifically to the commissioner. 38.14    Subd. 3. Arrest and investigative information. (a) For any background study 38.15completed under this section, if the commissioner has reasonable cause to believe the 38.16information is pertinent to the disqualification of an individual, the commissioner also 38.17may review arrest and investigative information from: 38.18    (1) the Bureau of Criminal Apprehension; 38.19    (2) the commissioner of health; 38.20    (3) a county attorney; 38.21    (4) a county sheriff; 38.22    (5) a county agency; 38.23    (6) a local chief of police; 38.24    (7) other states; 38.25    (8) the courts; or 38.26    (9) the Federal Bureau of Investigation. new text begin ; new text end 38.27     new text begin (10) the National Criminal Records Repository; and new text end 38.28     new text begin (11) criminal records from other states. new text end 38.29    (b) The commissioner is not required to conduct more than one review of a subject's 38.30records from the Federal Bureau of Investigation if a review of the subject's criminal 38.31history with the Federal Bureau of Investigation has already been completed by the 38.32commissioner and there has been no break in the subject's affiliation with the license 38.33holder who initiated the background study. 38.34    Subd. 4. Juvenile court records. (a) The commissioner shall review records 38.35from the juvenile courts for an individual studied under section 245C.03, subdivision 1, 38.36clauses (2) and (5). 39.1    (b) For individuals studied under section 245C.03, subdivision 1, clauses (1), (3), 39.2(4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner shall review 39.3records from the juvenile courts when the commissioner has reasonable cause. 39.4    (c) The juvenile courts shall help with the study by giving the commissioner existing 39.5juvenile court records on individuals described in section 245C.03, subdivision 1, clauses 39.6(2), (5), and (6), relating to delinquency proceedings held within either the five years 39.7immediately preceding the background study or the five years immediately preceding the 39.8individual's 18th birthday, whichever time period is longer. 39.9    (d) For purposes of this chapter, a finding that a delinquency petition is proven in 39.10juvenile court shall be considered a conviction in state district court. 39.11    (e) The commissioner shall destroy juvenile court records obtained under this 39.12subdivision when the subject of the records reaches age 23. new text begin Juvenile courts shall provide new text end 39.13 new text begin orders of involuntary and voluntary termination of parental rights under section 260C.301 new text end 39.14 new text begin to the commissioner upon request for purposes of conducting a background study under new text end 39.15 new text begin this chapter. new text end 39.16    Sec. 31. Minnesota Statutes 2006, section 245C.09, subdivision 1, is amended to read: 39.17    Subdivision 1. Disqualification; licensing action. An applicant's, license holder's, 39.18or other entity's failure or refusal to cooperate with the commissioner new text begin , including failure new text end 39.19 new text begin to provide additional information required under section 245C.05, new text end is reasonable cause 39.20to disqualify a subject, deny a license application, or immediately suspend or revoke 39.21a license or registration. 39.22    Sec. 32. Minnesota Statutes 2006, section 245C.11, is amended by adding a subdivision 39.23to read: 39.24     new text begin Subd. 4. new text end new text begin Background study. new text end new text begin A county agency may accept a background study new text end 39.25 new text begin completed by the commissioner under this chapter in place of the background study new text end 39.26 new text begin required under section 245A.16, subdivision 3, for educational programs that train new text end 39.27 new text begin individuals by providing direct contact services in licensed programs. new text end 39.28    Sec. 33. Minnesota Statutes 2006, section 245C.13, subdivision 2, is amended to read: 39.29    Subd. 2. Direct contact pending completion of background study. The subject 39.30of a background study may not perform any activity requiring a background study under 39.31paragraph (b) until the commissioner has issued one of the notices under paragraph (a). 39.32    (a) Notices from the commissioner required prior to activity under paragraph (b) 39.33include: 40.1    (1) a notice of the study results under section 245C.17 stating that: 40.2    (i) the individual is not disqualified; or 40.3    (ii) more time is needed to complete the study but the individual is not required to be 40.4removed from direct contact or access to people receiving services prior to completion of 40.5the study as provided under section 245A.17 new text begin 245C.17, subdivision 1 new text end , paragraph new text begin (b) or new text end (c); 40.6    (2) a notice that a disqualification has been set aside under section 245C.23; or 40.7    (3) a notice that a variance has been granted related to the individual under section 40.8245C.30 . 40.9    (b) Activities prohibited prior to receipt of notice under paragraph (a) include: 40.10    (1) being issued a license; 40.11    (2) living in the household where the licensed program will be provided; 40.12    (3) providing direct contact services to persons served by a program unless the 40.13subject is under continuous direct supervision; or 40.14    (4) having access to persons receiving services if the background study was 40.15completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), 40.16clause (2), (5), or (6), unless the subject is under continuous direct supervision. 40.17    Sec. 34. Minnesota Statutes 2006, section 245C.14, subdivision 1, is amended to read: 40.18    Subdivision 1. Disqualification from direct contact. (a) The commissioner shall 40.19disqualify an individual who is the subject of a background study from any position 40.20allowing direct contact with persons receiving services from the license holder or entity 40.21identified in section 245C.03, upon receipt of information showing, or when a background 40.22study completed under this chapter shows any of the following: 40.23    (1) a conviction of or new text begin , new text end admission to new text begin , or Alford plea to new text end one or more crimes listed in 40.24section 245C.15, regardless of whether the conviction or admission is a felony, gross 40.25misdemeanor, or misdemeanor level crime; 40.26    (2) a preponderance of the evidence indicates the individual has committed an act 40.27or acts that meet the definition of any of the crimes listed in section 245C.15, regardless 40.28of whether the preponderance of the evidence is for a felony, gross misdemeanor, or 40.29misdemeanor level crime; or 40.30    (3) an investigation results in an administrative determination listed under section 40.31245C.15, subdivision 4 , paragraph (b). 40.32    (b) No individual who is disqualified following a background study under section 40.33245C.03, subdivisions 1 and 2 , may be retained in a position involving direct contact 40.34with persons served by a program or entity identified in section 245C.03, unless the 40.35commissioner has provided written notice under section 245C.17 stating that: 41.1    (1) the individual may remain in direct contact during the period in which the 41.2individual may request reconsideration as provided in section 245C.21, subdivision 2; 41.3    (2) the commissioner has set aside the individual's disqualification for that program 41.4or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or 41.5    (3) the license holder has been granted a variance for the disqualified individual 41.6under section 245C.30. 41.7    Sec. 35. Minnesota Statutes 2006, section 245C.15, subdivision 1, is amended to read: 41.8    Subdivision 1. Permanent disqualification. (a) An individual is disqualified under 41.9section 245C.14 if: (1) regardless of how much time has passed since the discharge 41.10of the sentence imposed, if any, for the offense; and (2) unless otherwise specified, 41.11regardless of the level of the offense, the individual has committed any of the following 41.12offenses: sections new text begin 243.166 (violation of predatory offender registration law); new text end 609.185 41.13(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder 41.14in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter 41.15in the second degree); new text begin a felony offense under new text end 609.221 or 609.222 (assault in the first 41.16or second degree); a felony offense under sections 609.2242 and 609.2243 (domestic 41.17assault), spousal abuse, child abuse or neglect, or a crime against children; new text begin 609.2247 new text end 41.18 new text begin (domestic assault by strangulation); new text end 609.228 (great bodily harm caused by distribution 41.19of drugs); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661 (murder of an 41.20unborn child in the first degree); 609.2662 (murder of an unborn child in the second 41.21degree); 609.2663 (murder of an unborn child in the third degree); 609.322 (solicitation, 41.22inducement, and promotion of prostitution); a felony offense under 609.324, subdivision 41.231 (other prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343 41.24(criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the 41.25third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal 41.26sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 41.27(solicitation of children to engage in sexual conduct); 609.365 (incest); a felony offense 41.28under 609.377 (malicious punishment of a child); a felony offense under 609.378 (neglect 41.29or endangerment of a child); 609.561 (arson in the first degree); 609.66, subdivision 1e 41.30(drive-by shooting); 609.749, subdivision 3, 4, or 5 (felony-level harassment; stalking); 41.31609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); new text begin 617.23, new text end 41.32 new text begin subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving a new text end 41.33 new text begin minor); new text end 617.246 (use of minors in sexual performance prohibited); or 617.247 (possession 41.34of pictorial representations of minors). An individual also is disqualified under section 42.1245C.14 regardless of how much time has passed since the involuntary termination of 42.2the individual's parental rights under section 260C.301. 42.3    (b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the 42.4offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes, 42.5permanently disqualifies the individual under section 245C.14. 42.6    (c) An individual's offense in any other state or country, where the elements of the 42.7offense are substantially similar to any of the offenses listed in paragraph (a), permanently 42.8disqualifies the individual under section 245C.14. 42.9    (d) When a disqualification is based on a judicial determination other than a 42.10conviction, the disqualification period begins from the date of the court order. When a 42.11disqualification is based on an admission, the disqualification period begins from the date 42.12of an admission in court. When a disqualification is based on a preponderance of evidence 42.13of a disqualifying act, the disqualification date begins from the date of the dismissal, the 42.14date of discharge of the sentence imposed for a conviction for a disqualifying crime of 42.15similar elements, or the date of the incident, whichever occurs last. 42.16     new text begin (e) If the individual studied commits one of the offenses listed in paragraph (a) new text end 42.17 new text begin that is specified as a felony-level only offense, but the sentence or level of offense is a new text end 42.18 new text begin gross misdemeanor or misdemeanor, the individual is disqualified, but the disqualification new text end 42.19 new text begin look-back period for the offense is the period applicable to gross misdemeanor or new text end 42.20 new text begin misdemeanor offenses. new text end 42.21    Sec. 36. Minnesota Statutes 2006, section 245C.15, subdivision 2, is amended to read: 42.22    Subd. 2. 15-year disqualification. (a) An individual is disqualified under section 42.23245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, 42.24if any, for the offense; and (2) the individual has committed a felony-level violation 42.25of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 42.26268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph 42.27(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 42.28609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231 42.29(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth 42.30degree); new text begin 609.229 (crimes committed for benefit of a gang); new text end 609.2325 (criminal abuse 42.31of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 42.32(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false 42.33imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 42.34(manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn 42.35child in the first degree); 609.2671 (assault of an unborn child in the second degree); 43.1609.268 (injury or death of an unborn child in the commission of a crime); 609.27 43.2(coercion); 609.275 (attempt to coerce); repeat offenses under (criminal sexual 43.3conduct in the fifth degree); 609.466 (medical assistance fraud); 609.498, subdivision 1 43.4or 1b (aggravated first degree or first degree tampering with a witness); 609.52 (theft); 43.5609.521 (possession of shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 43.6609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of 43.7dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in the third 43.8degree); 609.582 (burglary); new text begin 609.59 (possession of burglary tools); new text end 609.611 (insurance 43.9fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering 43.10a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous 43.11weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration); 43.12609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821 43.13(financial transaction card fraud); repeat offenses under 617.23 (indecent exposure; 43.14penalties) new text begin , not involving a minor new text end ; repeat offenses under 617.241 (obscene materials and 43.15performances; distribution and exhibition prohibited; penalty); new text begin 624.713 (certain persons new text end 43.16 new text begin not to possess firearms); new text end chapter 152 (drugs; controlled substance); or a felony-level 43.17conviction involving alcohol or drug use. 43.18    (b) An individual is disqualified under section 245C.14 if less than 15 years has 43.19passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 43.20of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 43.21Statutes. 43.22    (c) For foster care and family child care an individual is disqualified under section 43.23245C.14 if less than 15 years has passed since the individual's voluntary termination of 43.24the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or 43.25260C.301, subdivision 3 . 43.26    (d) An individual is disqualified under section 245C.14 if less than 15 years has 43.27passed since the discharge of the sentence imposed for an offense in any other state or 43.28country, the elements of which are substantially similar to the elements of the offenses 43.29listed in paragraph (a). 43.30    (e) If the individual studied is convicted new text begin commits one new text end of one of the felonies new text begin offenses new text end 43.31listed in paragraph (a), but the sentence new text begin or level of offense new text end is a gross misdemeanor or 43.32misdemeanor disposition, the individual is disqualified but the disqualification lookback 43.33period for the conviction new text begin offense new text end is the period applicable to the gross misdemeanor or 43.34misdemeanor disposition. 43.35    (f) When a disqualification is based on a judicial determination other than a 43.36conviction, the disqualification period begins from the date of the court order. When a 44.1disqualification is based on an admission, the disqualification period begins from the date 44.2of an admission in court. When a disqualification is based on a preponderance of evidence 44.3of a disqualifying act, the disqualification date begins from the date of the dismissal, the 44.4date of discharge of the sentence imposed for a conviction for a disqualifying crime of 44.5similar elements, or the date of the incident, whichever occurs last. 44.6    Sec. 37. Minnesota Statutes 2006, section 245C.15, subdivision 3, is amended to read: 44.7    Subd. 3. Ten-year disqualification. (a) An individual is disqualified under section 44.8245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, 44.9if any, for the offense; and (2) the individual has committed a gross misdemeanor-level 44.10violation of any of the following offenses: sections 256.98 (wrongfully obtaining 44.11assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 44.1210 , paragraph (c) (federal Food Stamp Program fraud); new text begin 609.21 (criminal vehicular new text end 44.13 new text begin homicide and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 new text end 44.14 new text begin or 609.2231 (assault in the third or fourth degree); new text end 609.224 (assault in the fifth degree); 44.15609.224, subdivision 2 , paragraph (c) (assault in the fifth degree by a caregiver against a 44.16vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of 44.17persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal 44.18abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 44.19(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a 44.20vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 44.211a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 44.22609.3451 (criminal sexual conduct in the fifth degree); 609.377 (malicious punishment of 44.23a child); 609.378 (neglect or endangerment of a child); 609.466 (medical assistance fraud); 44.24609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 44.25609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.582 44.26(burglary); new text begin 609.59 (possession of burglary tools); new text end 609.611 (insurance fraud); 609.631 44.27(check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71 (riot); 44.28609.72, subdivision 3 (disorderly conduct against a vulnerable adult); repeat offenses 44.29under 609.746 (interference with privacy); 609.749, subdivision 2 (harassment; stalking); 44.30 new text begin 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); new text end repeat 44.31offenses under 617.23 (indecent exposure) new text begin , not involving a minor new text end ; 617.241 (obscene 44.32materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful 44.33materials; dissemination and display to minors prohibited); or violation of an order for 44.34protection under section 518B.01, subdivision 14. 45.1    (b) An individual is disqualified under section 245C.14 if less than ten years has 45.2passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 45.3of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 45.4Statutes. 45.5    (c) An individual is disqualified under section 245C.14 if less than ten years has 45.6passed since the discharge of the sentence imposed for an offense in any other state or 45.7country, the elements of which are substantially similar to the elements of any of the 45.8offenses listed in paragraph (a). 45.9    (d) If the defendant is convicted of one of the gross misdemeanors new text begin individual studied new text end 45.10 new text begin commits one of the offenses new text end listed in paragraph (a), but the sentence new text begin or level of offense new text end is 45.11a misdemeanor disposition, the individual is disqualified but the disqualification lookback 45.12period for the conviction new text begin offense new text end is the period applicable to misdemeanors. 45.13    (e) When a disqualification is based on a judicial determination other than a 45.14conviction, the disqualification period begins from the date of the court order. When a 45.15disqualification is based on an admission, the disqualification period begins from the date 45.16of an admission in court. When a disqualification is based on a preponderance of evidence 45.17of a disqualifying act, the disqualification date begins from the date of the dismissal, the 45.18date of discharge of the sentence imposed for a conviction for a disqualifying crime of 45.19similar elements, or the date of the incident, whichever occurs last. 45.20    Sec. 38. Minnesota Statutes 2006, section 245C.15, subdivision 4, is amended to read: 45.21    Subd. 4. Seven-year disqualification. (a) An individual is disqualified under 45.22section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence 45.23imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level 45.24violation of any of the following offenses: sections 256.98 (wrongfully obtaining 45.25assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 45.26paragraph (c) (federal Food Stamp Program fraud); new text begin 609.21 (criminal vehicular homicide new text end 45.27 new text begin and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); new text end 45.28 new text begin 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); new text end 609.224 45.29(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation 45.30of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 45.31609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation 45.32of an order for protection under 609.3232 (protective order authorized; procedures; 45.33penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen 45.34goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 45.35609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous 46.1weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or 46.2harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 46.3609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 46.4(indecent exposure; penalties) new text begin , not involving a minor new text end ; 617.293 (harmful materials; 46.5dissemination and display to minors prohibited); or violation of an order for protection 46.6under section 518B.01 (Domestic Abuse Act). 46.7    (b) An individual is disqualified under section 245C.14 if less than seven years has 46.8passed since a determination or disposition of the individual's: 46.9    (1) failure to make required reports under section 626.556, subdivision 3, or 46.10626.557, subdivision 3 , for incidents in which: (i) the final disposition under section 46.11626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was 46.12recurring or serious; or 46.13    (2) substantiated serious or recurring maltreatment of a minor under section 626.556, 46.14a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other 46.15state, the elements of which are substantially similar to the elements of maltreatment under 46.16section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the 46.17maltreatment occurred, and (ii) the subject was responsible for the maltreatment. 46.18    (c) An individual is disqualified under section 245C.14 if less than seven years has 46.19passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 46.20of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in 46.21Minnesota Statutes. 46.22    (d) An individual is disqualified under section 245C.14 if less than seven years has 46.23passed since the discharge of the sentence imposed for an offense in any other state or 46.24country, the elements of which are substantially similar to the elements of any of the 46.25offenses listed in paragraphs (a) and (b). 46.26    (e) When a disqualification is based on a judicial determination other than a 46.27conviction, the disqualification period begins from the date of the court order. When a 46.28disqualification is based on an admission, the disqualification period begins from the date 46.29of an admission in court. When a disqualification is based on a preponderance of evidence 46.30of a disqualifying act, the disqualification date begins from the date of the dismissal, the 46.31date of discharge of the sentence imposed for a conviction for a disqualifying crime of 46.32similar elements, or the date of the incident, whichever occurs last. 46.33     new text begin (f) An individual is disqualified under section 245C.14 if less than seven years has new text end 46.34 new text begin passed since the individual was disqualified under section 256.98, subdivision 8. new text end 46.35    Sec. 39. Minnesota Statutes 2006, section 245C.16, subdivision 1, is amended to read: 47.1    Subdivision 1. Determining immediate risk of harm. (a) If the commissioner 47.2determines that the individual studied has a disqualifying characteristic, the commissioner 47.3shall review the information immediately available and make a determination as to the 47.4subject's immediate risk of harm to persons served by the program where the individual 47.5studied will have direct contact new text begin with, or access to, people receiving services new text end . 47.6    (b) The commissioner shall consider all relevant information available, including the 47.7following factors in determining the immediate risk of harm: 47.8    (1) the recency of the disqualifying characteristic; 47.9    (2) the recency of discharge from probation for the crimes; 47.10    (3) the number of disqualifying characteristics; 47.11    (4) the intrusiveness or violence of the disqualifying characteristic; 47.12    (5) the vulnerability of the victim involved in the disqualifying characteristic; 47.13    (6) the similarity of the victim to the persons served by the program where the 47.14individual studied will have direct contact; and 47.15    (7) whether the individual has a disqualification from a previous background study 47.16that has not been set aside. new text begin ; and new text end 47.17     new text begin (8) if the individual has a disqualification which may not be set aside because it is new text end 47.18 new text begin a permanent bar under section 245C.24, subdivision 1, the commissioner may order the new text end 47.19 new text begin immediate removal of the individual from any position allowing direct contact with, or new text end 47.20 new text begin access to, persons receiving services from the program. new text end 47.21    (c) This section does not apply when the subject of a background study is regulated 47.22by a health-related licensing board as defined in chapter 214, and the subject is determined 47.23to be responsible for substantiated maltreatment under section 626.556 or 626.557. 47.24    (d) If the commissioner has reason to believe, based on arrest information or an 47.25active maltreatment investigation, that an individual poses an imminent risk of harm to 47.26persons receiving services, the commissioner may order that the person be continuously 47.27supervised or immediately removed pending the conclusion of the maltreatment 47.28investigation or criminal proceedings. 47.29    Sec. 40. Minnesota Statutes 2006, section 245C.17, subdivision 2, is amended to read: 47.30    Subd. 2. Disqualification notice sent to subject. (a) If the information in the study 47.31indicates the individual is disqualified from direct contact with, or from access to, persons 47.32served by the program, the commissioner shall disclose to the individual studied: 47.33    (1) the information causing disqualification; 47.34    (2) instructions on how to request a reconsideration of the disqualification; 48.1    (3) an explanation of any restrictions on the commissioner's discretion to set aside 48.2the disqualification under section 245C.24, when applicable to the individual; 48.3    (4) a statement indicating that if the individual's disqualification is set aside or the 48.4facility is granted a variance under section 245C.30, the individual's identity and the 48.5reason for the individual's disqualification will become public data under section 245C.22, 48.6subdivision 7 , when applicable to the individual; and 48.7    (5) the commissioner's determination of the individual's immediate risk of harm 48.8under section 245C.16. 48.9    (b) If the commissioner determines under section 245C.16 that an individual poses 48.10an imminent risk of harm to persons served by the program where the individual will have 48.11direct contact new text begin with, or access to, people receiving services new text end , the commissioner's notice must 48.12include an explanation of the basis of this determination. 48.13    (c) If the commissioner determines under section 245C.16 that an individual studied 48.14does not pose a risk of harm that requires immediate removal, the individual shall be 48.15informed of the conditions under which the agency that initiated the background study 48.16may allow the individual to provide new text begin have new text end direct contact services new text begin with, or access to, people new text end 48.17 new text begin receiving services, new text end as provided under subdivision 3. 48.18    Sec. 41. Minnesota Statutes 2006, section 245C.17, subdivision 3, is amended to read: 48.19    Subd. 3. Disqualification notification. (a) The commissioner shall notify an 48.20applicant, license holder, or other entity as provided in this chapter who is not the subject 48.21of the study: 48.22    (1) that the commissioner has found information that disqualifies the individual 48.23studied from new text begin being in a position allowing new text end direct contact with, or from access to, persons new text begin new text end 48.24 new text begin people new text end served by the program; and 48.25    (2) the commissioner's determination of the individual's risk of harm under section 48.26245C.16 . 48.27    (b) If the commissioner determines under section 245C.16 that an individual studied 48.28poses an imminent risk of harm to persons served by the program where the individual 48.29studied will have direct contact new text begin with, or access to, people served by the program new text end , the 48.30commissioner shall order the license holder to immediately remove the individual studied 48.31from new text begin any position allowing new text end direct contact new text begin with, or access to, people served by the program new text end . 48.32    (c) If the commissioner determines under section 245C.16 that an individual studied 48.33poses a risk of harm that requires continuous, direct supervision, the commissioner shall 48.34order the applicant, license holder, or other entities as provided in this chapter to: 49.1    (1) immediately remove the individual studied from new text begin any position allowing new text end direct 49.2contact new text begin with, or access to, people receiving new text end services; or 49.3    (2) before allowing the disqualified individual to provide new text begin be in a position allowing new text end 49.4direct contact new text begin with, or access to, people receiving new text end services, the applicant, license holder, or 49.5other entity, as provided in this chapter, must: 49.6    (i) obtain from the disqualified individual a copy of the individual's notice of 49.7disqualification from the commissioner that explains the reason for disqualification; 49.8    (ii) ensure that the individual studied is under continuous, direct supervision when 49.9providing new text begin in a position allowing new text end direct contact new text begin with, or access to, people receiving new text end 49.10services during the period in which the individual may request a reconsideration of the 49.11disqualification under section 245C.21; and 49.12    (iii) ensure that the disqualified individual requests reconsideration within 30 days 49.13of receipt of the notice of disqualification. 49.14    (d) If the commissioner determines under section 245C.16 that an individual studied 49.15does not pose a risk of harm that requires continuous, direct supervision, the commissioner 49.16shall order the applicant, license holder, or other entities as provided in this chapter to: 49.17    (1) immediately remove the individual studied from new text begin any position allowing new text end direct 49.18contact new text begin with, or access to, people receiving new text end services; or 49.19    (2) before allowing the disqualified individual to provide new text begin be in any position allowing new text end 49.20direct contact new text begin with, or access to, people receiving new text end services, the applicant, license holder, or 49.21other entity as provided in this chapter must: 49.22    (i) obtain from the disqualified individual a copy of the individual's notice of 49.23disqualification from the commissioner that explains the reason for disqualification; and 49.24    (ii) ensure that the disqualified individual requests reconsideration within 15 days 49.25of receipt of the notice of disqualification. 49.26    (e) The commissioner shall not notify the applicant, license holder, or other entity 49.27as provided in this chapter of the information contained in the subject's background 49.28study unless: 49.29    (1) the basis for the disqualification is failure to cooperate with the background study 49.30or substantiated maltreatment under section 626.556 or 626.557; 49.31    (2) the Data Practices Act under chapter 13 provides for release of the information; or 49.32    (3) the individual studied authorizes the release of the information. 49.33    Sec. 42. Minnesota Statutes 2006, section 245C.21, subdivision 2, is amended to read: 49.34    Subd. 2. Time frame for requesting reconsideration. (a) When the commissioner 49.35sends an individual a notice of disqualification based on a finding under section 245C.16, 50.1subdivision 2 , paragraph (a), clause (1) or (2), the disqualified individual must submit the 50.2request for a reconsideration within 30 calendar days of the individual's receipt of the 50.3notice of disqualification. If mailed, the request for reconsideration must be postmarked 50.4and sent to the commissioner within 30 calendar days of the individual's receipt of the 50.5notice of disqualification. If a request for reconsideration is made by personal service, 50.6it must be received by the commissioner within 30 calendar days after the individual's 50.7receipt of the notice of disqualification. Upon showing that the information under 50.8subdivision 3 cannot be obtained within 30 days, the disqualified individual may request 50.9additional time, not to exceed 30 days, to obtain the information. 50.10    (b) When the commissioner sends an individual a notice of disqualification 50.11based on a finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the 50.12disqualified individual must submit the request for reconsideration within 15 calendar 50.13days of the individual's receipt of the notice of disqualification. If mailed, the request for 50.14reconsideration must be postmarked and sent to the commissioner within 15 calendar days 50.15of the individual's receipt of the notice of disqualification. If a request for reconsideration 50.16is made by personal service, it must be received by the commissioner within 15 calendar 50.17days after the individual's receipt of the notice of disqualification. 50.18    (c) An individual who was determined to have maltreated a child under section 50.19626.556 or a vulnerable adult under section 626.557, and who is disqualified on the basis of 50.20serious or recurring maltreatment, may request a reconsideration of both the maltreatment 50.21and the disqualification determinations. The request must be submitted within 30 calendar 50.22days of the individual's receipt of the notice of disqualification. If mailed, the request for 50.23reconsideration must be postmarked and sent to the commissioner within 30 calendar days 50.24of the individual's receipt of the notice of disqualification. If a request for reconsideration 50.25is made by personal service, it must be received by the commissioner within 30 calendar 50.26days after the individual's receipt of the notice of disqualification. 50.27     new text begin (d) Except for family child care and child foster care, reconsideration of a new text end 50.28 new text begin maltreatment determination under sections 626.556, subdivision 10i, and 626.557, new text end 50.29 new text begin subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall new text end 50.30 new text begin not be conducted when: new text end 50.31     new text begin (1) a denial of a license under section 245A.05, or a licensing sanction under section new text end 50.32 new text begin 245A.07, is based on a determination that the license holder is responsible for maltreatment new text end 50.33 new text begin or the disqualification of a license holder based on serious or recurring maltreatment; new text end 50.34     new text begin (2) the denial of a license or licensing sanction is issued at the same time as the new text end 50.35 new text begin maltreatment determination or disqualification; and new text end 51.1     new text begin (3) the license holder appeals the maltreatment determination, disqualification, and new text end 51.2 new text begin denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045 new text end 51.3 new text begin must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, new text end 51.4 new text begin subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated new text end 51.5 new text begin contested case hearing must include the maltreatment determination, disqualification, and new text end 51.6 new text begin denial of a license or licensing sanction. new text end 51.7     new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment new text end 51.8 new text begin determination or disqualification, but does not appeal the denial of a license or a licensing new text end 51.9 new text begin sanction, reconsideration of the maltreatment determination shall be conducted under new text end 51.10 new text begin section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration new text end 51.11 new text begin of the disqualification shall be conducted under section 245C.22. In such cases, a fair new text end 51.12 new text begin hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision new text end 51.13 new text begin 10i, and 626.557, subdivision 9d. new text end 51.14    Sec. 43. Minnesota Statutes 2006, section 245C.21, subdivision 3, is amended to read: 51.15    Subd. 3. Information Disqualified individuals must provide when requesting 51.16reconsideration new text begin ; information for reconsideration new text end . new text begin (a) new text end The disqualified individual 51.17requesting reconsideration must submit information showing that: 51.18    (1) the information the commissioner relied upon in determining the underlying 51.19conduct that gave rise to the disqualification is incorrect; 51.20    (2) for maltreatment, the information the commissioner relied upon in determining 51.21that maltreatment was serious or recurring is incorrect; or 51.22    (3) the subject of the study does not pose a risk of harm to any person served by the 51.23applicant, license holder, or other entities as provided in this chapter, by addressing the 51.24information required under section 245C.22, subdivision 4. 51.25     new text begin (b) In order to determine the individual's risk of harm, the commissioner may require new text end 51.26 new text begin additional information from the disqualified individual as part of the reconsideration new text end 51.27 new text begin process. If the individual fails to provide the required information, the commissioner new text end 51.28 new text begin may deny the individual's request. new text end 51.29    Sec. 44. Minnesota Statutes 2006, section 245C.22, subdivision 4, is amended to read: 51.30    Subd. 4. Risk of harm; set aside. (a) The commissioner may set aside the 51.31disqualification if the commissioner finds that the individual has submitted sufficient 51.32information to demonstrate that the individual does not pose a risk of harm to any person 51.33served by the applicant, license holder, or other entities as provided in this chapter. 52.1    (b) In determining whether the individual has met the burden of proof by 52.2demonstrating the individual does not pose a risk of harm, the commissioner shall consider: 52.3    (1) the nature, severity, and consequences of the event or events that led to the 52.4disqualification; 52.5    (2) whether there is more than one disqualifying event; 52.6    (3) the age and vulnerability of the victim at the time of the event; 52.7    (4) the harm suffered by the victim; 52.8    (5) new text begin vulnerability of persons served by the program; new text end 52.9     new text begin (6) new text end the similarity between the victim and persons served by the program; 52.10    (6) new text begin (7) new text end the time elapsed without a repeat of the same or similar event; 52.11    (7) new text begin (8) new text end documentation of successful completion by the individual studied of training 52.12or rehabilitation pertinent to the event; and 52.13    (8) new text begin (9) new text end any other information relevant to reconsideration. 52.14    (c) If the individual requested reconsideration on the basis that the information 52.15relied upon to disqualify the individual was incorrect or inaccurate and the commissioner 52.16determines that the information relied upon to disqualify the individual is correct, the 52.17commissioner must also determine if the individual poses a risk of harm to persons 52.18receiving services in accordance with paragraph (b). 52.19    Sec. 45. Minnesota Statutes 2006, section 245C.22, subdivision 5, is amended to read: 52.20    Subd. 5. Scope of set aside. If the commissioner sets aside a disqualification under 52.21this section, the disqualified individual remains disqualified, but may hold a license and 52.22have direct contact with or access to persons receiving services. The commissioner's set 52.23aside of a disqualification is limited solely to the licensed program, applicant, or agency 52.24specified in the set aside notice under section 245C.23, unless otherwise specified in the 52.25notice. new text begin For personal care provider organizations, the commissioner's set-aside may further new text end 52.26 new text begin be limited to a specific individual who is receiving services. new text end 52.27    Sec. 46. Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read: 52.28    Subd. 2. Permanent bar to set aside a disqualification. (a) Except as provided in 52.29paragraph (b), the commissioner may not set aside the disqualification of any individual 52.30disqualified pursuant to this chapter, regardless of how much time has passed, if the 52.31individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1. 52.32    (b) For an individual in the chemical dependency field who was disqualified for a 52.33crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification 52.34was new text begin who received a new text end set aside prior to July 1, 2005, the commissioner must consider 53.1granting a variance pursuant to section 245C.30 for the license holder for a program 53.2dealing primarily with adults. A request for reconsideration evaluated under this paragraph 53.3must include a letter of recommendation from the license holder that was subject to the 53.4prior set-aside decision addressing the individual's quality of care to children or vulnerable 53.5adults and the circumstances of the individual's departure from that service. 53.6    Sec. 47. Minnesota Statutes 2006, section 245C.24, subdivision 3, is amended to read: 53.7    Subd. 3. Ten-year bar to set aside disqualification. (a) The commissioner may 53.8not set aside the disqualification of an individual in connection with a license to provide 53.9family child care for children, foster care for children in the provider's home, or foster 53.10care or day care services for adults in the provider's home if: (1) less than ten years has 53.11passed since the discharge of the sentence imposed, if any, for the offense; or (2) when 53.12disqualified based on a preponderance of evidence determination under section 245A.14 new text begin new text end 53.13 new text begin 245C.14 new text end , subdivision 1 , paragraph (a), clause (2), or an admission under section 245A.14 new text begin new text end 53.14 new text begin 245C.14 new text end , subdivision 1 , paragraph (a), clause (1), and less than ten years has passed since 53.15the individual committed the act or admitted to committing the act, whichever is later; and 53.16(3) the individual has committed a violation of any of the following offenses: sections 53.17609.165 (felon ineligible to possess firearm); criminal vehicular homicide under 609.21 53.18(criminal vehicular homicide and injury); 609.215 (aiding suicide or aiding attempted 53.19suicide); felony violations under 609.223 or 609.2231 (assault in the third or fourth 53.20degree); new text begin 609.229 (crimes committed for benefit of a gang); new text end 609.713 (terroristic threats); 53.21609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple robbery); 609.255 53.22(false imprisonment); 609.562 (arson in the second degree); 609.71 (riot); 609.498, 53.23subdivision 1 or 1b (aggravated first degree or first degree tampering with a witness); 53.24burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous 53.25weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns); 53.26609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or 152.022 53.27(controlled substance crime in the first or second degree); 152.023, subdivision 1, clause 53.28(3) or (4) or subdivision 2, clause (4) (controlled substance crime in the third degree); 53.29152.024 , subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth 53.30degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against 53.31a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of 53.32residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal 53.33neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 53.34609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter 53.35of an unborn child in the first or second degree); 609.267 to 609.2672 (assault of an 54.1unborn child in the first, second, or third degree); 609.268 (injury or death of an unborn 54.2child in the commission of a crime); new text begin repeat offenses under 617.23 (indecent exposure); new text end 54.3617.293 (disseminating or displaying harmful material to minors); a felony-level 54.4conviction involving alcohol or drug use, a gross misdemeanor offense under 609.324, 54.5subdivision 1 (other prohibited acts); a gross misdemeanor offense under 609.378 (neglect 54.6or endangerment of a child); a gross misdemeanor offense under 609.377 (malicious 54.7punishment of a child); or 609.72, subdivision 3 (disorderly conduct against a vulnerable 54.8adult) new text begin ; or 624.713 (certain persons not to possess firearms) new text end . 54.9    (b) The commissioner may not set aside the disqualification of an individual if 54.10less than ten years have passed since the individual's aiding and abetting, attempt, or 54.11conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses 54.12is defined in Minnesota Statutes. 54.13    (c) The commissioner may not set aside the disqualification of an individual if less 54.14than ten years have passed since the discharge of the sentence imposed for an offense in 54.15any other state or country, the elements of which are substantially similar to the elements 54.16of any of the offenses listed in paragraph (a). 54.17    Sec. 48. Minnesota Statutes 2006, section 245C.27, subdivision 1, is amended to read: 54.18    Subdivision 1. Fair hearing when disqualification is not set aside. (a) If the 54.19commissioner does not set aside a disqualification of an individual under section 54.20245C.22 who is disqualified on the basis of a preponderance of evidence that the 54.21individual committed an act or acts that meet the definition of any of the crimes listed in 54.22section 245C.15; for a determination under section 626.556 or 626.557 of substantiated 54.23maltreatment that was serious or recurring under section 245C.15; or for failure to make 54.24required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant 54.25to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request 54.26a fair hearing under section 256.045, unless the disqualification is deemed conclusive 54.27under section 245C.29. 54.28    (b) The fair hearing is the only administrative appeal of the final agency 54.29determination for purposes of appeal by the disqualified individual. The disqualified 54.30individual does not have the right to challenge the accuracy and completeness of data 54.31under section 13.04. 54.32    (c) new text begin Except as provided under paragraph (e), new text end if the individual was disqualified based 54.33on a conviction or admission to any crimes listed in section 245C.15, subdivisions 1 54.34to 4 , new text begin or for a disqualification under section 256.98, subdivision 8, new text end the reconsideration 54.35decision under section 245C.22 is the final agency determination for purposes of appeal 55.1by the disqualified individual and is not subject to a hearing under section 256.045. If 55.2the individual was disqualified based on a judicial determination, that determination is 55.3treated the same as a conviction for purposes of appeal. 55.4    (d) This subdivision does not apply to a public employee's appeal of a disqualification 55.5under section 245C.28, subdivision 3. 55.6    (e) Notwithstanding paragraph (c), if the commissioner does not set aside a 55.7disqualification of an individual who was disqualified based on both a preponderance 55.8of evidence and a conviction or admission, the individual may request a fair hearing 55.9under section 256.045, unless the disqualifications are deemed conclusive under section 55.10245C.29 . The scope of the hearing conducted under section 256.045 with regard to the 55.11disqualification based on a conviction or admission shall be limited solely to whether the 55.12individual poses a risk of harm, according to section 256.045, subdivision 3b. new text begin In this case, new text end 55.13 new text begin the reconsideration decision under section 245C.22 is not the final agency decision for new text end 55.14 new text begin purposes of appeal by the disqualified individual. new text end 55.15    Sec. 49. Minnesota Statutes 2006, section 245C.28, subdivision 1, is amended to read: 55.16    Subdivision 1. License holder. (a) If a maltreatment determination or a 55.17disqualification for which reconsideration was requested and which was not set aside is 55.18the basis for a denial of a license under section 245A.05 or a licensing sanction under 55.19section 245A.07, the license holder has the right to a contested case hearing under chapter 55.2014 and Minnesota Rules, parts 1400.8505 to 1400.8612. new text begin The license holder must submit new text end 55.21 new text begin the appeal under section 245A.05 or 245A.07, subdivision 3. new text end 55.22    (b) The license holder must submit the appeal in accordance with section or 55.23245A.07, subdivision 3. As provided under section 245A.08, subdivision 2a, new text begin if the denial new text end 55.24 new text begin of a license or licensing sanction is based on a disqualification for which reconsideration new text end 55.25 new text begin was requested and was not set-aside, new text end the scope of the consolidated contested case hearing 55.26must include new text begin : new text end 55.27     new text begin (1) new text end the disqualification new text begin , to the extent the license holder otherwise has a hearing right new text end 55.28 new text begin on the disqualification under this chapter; new text end and 55.29     new text begin (2) new text end the licensing sanction or denial of a license. 55.30    (c) If the disqualification was based on a determination of substantiated serious or 55.31recurring maltreatment under section or , the appeal must be submitted 55.32in accordance with sections 245A.07, subdivision 3, and 626.556, subdivision 10i, or 55.33626.557, subdivision 9d. As provided for under section 245A.08, subdivision 2a, new text begin if the new text end 55.34 new text begin denial of a license or licensing sanction is based on a determination of maltreatment under new text end 56.1 new text begin section 626.556 or 626.557, or a disqualification for serious or recurring maltreatment new text end 56.2 new text begin which was not set-aside, new text end the scope of the contested case hearing must include new text begin : new text end 56.3     new text begin (1) new text end the maltreatment determination, new text begin if the maltreatment is not conclusive under new text end 56.4 new text begin section 245C.29; new text end 56.5     new text begin (2) new text end the disqualification, new text begin if the disqualification is not conclusive under section new text end 56.6 new text begin 245C.29; new text end and 56.7     new text begin (3) new text end the licensing sanction or denial of a license. In such cases, a fair hearing must not 56.8be conducted under section 256.045. new text begin If the disqualification was based on a determination new text end 56.9 new text begin of substantiated serious or recurring maltreatment under section 626.556 or 626.557, the new text end 56.10 new text begin appeal must be submitted under sections 245A.07, subdivision 3, and 626.556, subdivision new text end 56.11 new text begin 10i, or 626.557, subdivision 9d. new text end 56.12     new text begin (d) Except for family child care and child foster care, reconsideration of a new text end 56.13 new text begin maltreatment determination under sections 626.556, subdivision 10i, and 626.557, new text end 56.14 new text begin subdivision 9d, and reconsideration of a disqualification under section 245C.22, must new text end 56.15 new text begin not be conducted when: new text end 56.16     new text begin (1) a denial of a license under section 245A.05, or a licensing sanction under section new text end 56.17 new text begin 245A.07, is based on a determination that the license holder is responsible for maltreatment new text end 56.18 new text begin or the disqualification of a license holder based on serious or recurring maltreatment; new text end 56.19     new text begin (2) the denial of a license or licensing sanction is issued at the same time as the new text end 56.20 new text begin maltreatment determination or disqualification; and new text end 56.21     new text begin (3) the license holder appeals the maltreatment determination, disqualification, and new text end 56.22 new text begin denial of a license or licensing sanction. In such cases a fair hearing under section 256.045 new text end 56.23 new text begin must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, new text end 56.24 new text begin subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated new text end 56.25 new text begin contested case hearing must include the maltreatment determination, disqualification, and new text end 56.26 new text begin denial of a license or licensing sanction. new text end 56.27     new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment new text end 56.28 new text begin determination or disqualification, but does not appeal the denial of a license or a licensing new text end 56.29 new text begin sanction, reconsideration of the maltreatment determination shall be conducted under new text end 56.30 new text begin section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration new text end 56.31 new text begin of the disqualification shall be conducted under section 245C.22. In such cases, a fair new text end 56.32 new text begin hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision new text end 56.33 new text begin 10i, and 626.557, subdivision 9d. new text end 56.34    Sec. 50. Minnesota Statutes 2006, section 245C.301, is amended to read: 56.35245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE. 57.1    (a) Except as provided under paragraph new text begin paragraphs new text end (b) new text begin and (c) new text end , new text begin if required by the new text end 57.2 new text begin commissioner, new text end family child care providers and child care centers must provide a written 57.3notification to parents considering enrollment of a child or parents of a child attending the 57.4family child care or child care center if the program employs or has living in the home any 57.5individual who is the subject of either a set-aside or variance. 57.6    (b) Notwithstanding paragraph (a), family child care license holders are not required 57.7to disclose that the program has an individual living in the home who is the subject of a 57.8set-aside or variance if: 57.9    (1) the household member resides in the residence where the family child care is 57.10provided; 57.11    (2) the subject of the set-aside or variance is under the age of 18 years; and 57.12    (3) the set-aside or variance relates to a disqualification under section 245C.15, 57.13subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52. 57.14     new text begin (c) The notice specified in paragraph (a) is not required when the period of new text end 57.15 new text begin disqualification in section 245C.15, subdivisions 2 to 4, has been exceeded. new text end 57.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 57.17    Sec. 51. Minnesota Statutes 2006, section 256B.0919, is amended by adding a 57.18subdivision to read: 57.19     new text begin Subd. 4. new text end new text begin County certification; licensed providers; related individual; new text end 57.20 new text begin developmentally disabled. new text end new text begin (a) Notwithstanding any provision to the contrary, a county new text end 57.21 new text begin may certify an adult foster care license holder to provide foster care services to an new text end 57.22 new text begin individual with a developmental disability, who is related to the provider, if the following new text end 57.23 new text begin conditions are met: new text end 57.24     new text begin (1) the individual is 18 years of age or older; new text end 57.25     new text begin (2) the individual's service plan meets the standards of section 256B.092 and new text end 57.26 new text begin specifies any special conditions necessary to prevent a conflict of interest for the provider; new text end 57.27     new text begin (3) the provider is not the legal guardian or conservator of the related individual; new text end 57.28     new text begin (4) the provider maintains a license under Minnesota Rules, parts 9555.5105 to new text end 57.29 new text begin 9555.6265, to serve unrelated foster care recipients; new text end 57.30     new text begin (5) the provider maintains a license under chapter 245B; and new text end 57.31     new text begin (6) the county certifies the provider meets the adult foster care provider standards new text end 57.32 new text begin established in Minnesota Rules, parts 9555.5105 to 9555.6265, for services provided new text end 57.33 new text begin to the related individual. new text end 57.34     new text begin (b) The county shall complete an annual certification review to ensure compliance new text end 57.35 new text begin with paragraph (a), clauses (1) to (6). new text end 58.1     new text begin (c) Notwithstanding section 256I.04, subdivision 2a, clause (2), the adult foster care new text end 58.2 new text begin provider certified by the county under this subdivision may be reimbursed for room and new text end 58.3 new text begin board costs through the group residential housing program. new text end 58.4    Sec. 52. Minnesota Statutes 2006, section 256B.092, is amended by adding a 58.5subdivision to read: 58.6     new text begin Subd. 4d. new text end new text begin Medicaid reimbursement; licensed provider; related individuals. new text end new text begin The new text end 58.7 new text begin commissioner shall seek a federal amendment to the home and community-based services new text end 58.8 new text begin waiver for individuals with developmental disabilities, to allow Medicaid reimbursement new text end 58.9 new text begin for the provision of supported living services to a related individual when the following new text end 58.10 new text begin conditions have been met: new text end 58.11     new text begin (1) the individual is 18 years of age or older; new text end 58.12     new text begin (2) the provider is certified initially and annually thereafter, by the county, as new text end 58.13 new text begin meeting the provider standards established in chapter 245B and the federal waiver plan; new text end 58.14     new text begin (3) the provider has been certified by the county as meeting the adult foster care new text end 58.15 new text begin provider standards established in Minnesota Rules, parts 9555.5105 to 9555.6265; new text end 58.16     new text begin (4) the provider is not the legal guardian or conservator of the related individual; and new text end 58.17     new text begin (5) the individual's service plan meets the standards of section 256B.092 and new text end 58.18 new text begin specifies any special conditions necessary to prevent a conflict of interest for the provider. new text end 58.19    Sec. 53. Minnesota Statutes 2006, section 270B.14, subdivision 1, is amended to read: 58.20    Subdivision 1. Disclosure to commissioner of human services. (a) On the request 58.21of the commissioner of human services, the commissioner shall disclose return information 58.22regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to 58.23the extent provided in paragraph (b) and for the purposes set forth in paragraph (c). 58.24    (b) Data that may be disclosed are limited to data relating to the identity, 58.25whereabouts, employment, income, and property of a person owing or alleged to be owing 58.26an obligation of child support. 58.27    (c) The commissioner of human services may request data only for the purposes of 58.28carrying out the child support enforcement program and to assist in the location of parents 58.29who have, or appear to have, deserted their children. Data received may be used only 58.30as set forth in section 256.978. 58.31    (d) The commissioner shall provide the records and information necessary to 58.32administer the supplemental housing allowance to the commissioner of human services. 58.33    (e) At the request of the commissioner of human services, the commissioner of 58.34revenue shall electronically match the Social Security numbers and names of participants 59.1in the telephone assistance plan operated under sections 237.69 to 237.711, with those of 59.2property tax refund filers, and determine whether each participant's household income is 59.3within the eligibility standards for the telephone assistance plan. 59.4    (f) The commissioner may provide records and information collected under sections 59.5295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid 59.6Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law 59.7102-234. Upon the written agreement by the United States Department of Health and 59.8Human Services to maintain the confidentiality of the data, the commissioner may provide 59.9records and information collected under sections 295.50 to 295.59 to the Centers for 59.10Medicare and Medicaid Services section of the United States Department of Health and 59.11Human Services for purposes of meeting federal reporting requirements. 59.12    (g) The commissioner may provide records and information to the commissioner of 59.13human services as necessary to administer the early refund of refundable tax credits. 59.14    (h) The commissioner may disclose information to the commissioner of human 59.15services necessary to verify income for eligibility and premium payment under the 59.16MinnesotaCare program, under section 256L.05, subdivision 2. 59.17    (i) The commissioner may disclose information to the commissioner of human 59.18services necessary to verify whether applicants or recipients for the Minnesota family 59.19investment program, general assistance, food support, and Minnesota supplemental aid 59.20program have claimed refundable tax credits under chapter 290 and the property tax 59.21refund under chapter 290A, and the amounts of the credits. 59.22     new text begin (j) The commissioner may disclose information to the commissioner of human new text end 59.23 new text begin services necessary to verify income for purposes of calculating parental contribution new text end 59.24 new text begin amounts under section 252.27, subdivision 2a. new text end 59.25    Sec. 54. Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read: 59.26    Subd. 2. Definitions. As used in this section, the following terms have the meanings 59.27given them unless the specific content indicates otherwise: 59.28    (a) "Family assessment" means a comprehensive assessment of child safety, risk 59.29of subsequent child maltreatment, and family strengths and needs that is applied to a 59.30child maltreatment report that does not allege substantial child endangerment. Family 59.31assessment does not include a determination as to whether child maltreatment occurred 59.32but does determine the need for services to address the safety of family members and the 59.33risk of subsequent maltreatment. 59.34    (b) "Investigation" means fact gathering related to the current safety of a child 59.35and the risk of subsequent maltreatment that determines whether child maltreatment 60.1occurred and whether child protective services are needed. An investigation must be used 60.2when reports involve substantial child endangerment, and for reports of maltreatment in 60.3facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 60.4144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 60.513, and 124D.10; or in a nonlicensed personal care provider association as defined in 60.6sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a. 60.7    (c) "Substantial child endangerment" means a person responsible for a child's care, a 60.8person who has a significant relationship to the child as defined in section 609.341, or a 60.9person in a position of authority as defined in section 609.341, who by act or omission 60.10commits or attempts to commit an act against a child under their care that constitutes 60.11any of the following: 60.12    (1) egregious harm as defined in section 260C.007, subdivision 14; 60.13    (2) sexual abuse as defined in paragraph (d); 60.14    (3) abandonment under section 260C.301, subdivision 2; 60.15    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 60.16child's physical or mental health, including a growth delay, which may be referred to as 60.17failure to thrive, that has been diagnosed by a physician and is due to parental neglect; 60.18    (5) murder in the first, second, or third degree under section 609.185, 609.19, or 60.19609.195; 60.20    (6) manslaughter in the first or second degree under section 609.20 or 609.205; 60.21    (7) assault in the first, second, or third degree under section 609.221, 609.222, or 60.22609.223; 60.23    (8) solicitation, inducement, and promotion of prostitution under section 609.322; 60.24    (9) criminal sexual conduct under sections 609.342 to 609.3451; 60.25    (10) solicitation of children to engage in sexual conduct under section 609.352; 60.26    (11) malicious punishment or neglect or endangerment of a child under section 60.27609.377 or 609.378; 60.28    (12) use of a minor in sexual performance under section 617.246; or 60.29    (13) parental behavior, status, or condition which mandates that the county attorney 60.30file a termination of parental rights petition under section 260C.301, subdivision 3, 60.31paragraph (a). 60.32    (d) "Sexual abuse" means the subjection of a child by a person responsible for the 60.33child's care, by a person who has a significant relationship to the child, as defined in 60.34section 609.341, or by a person in a position of authority, as defined in section 609.341, 60.35subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 60.36conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 61.1609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 61.2in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 61.3abuse also includes any act which involves a minor which constitutes a violation of 61.4prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 61.5threatened sexual abuse. 61.6    (e) "Person responsible for the child's care" means (1) an individual functioning 61.7within the family unit and having responsibilities for the care of the child such as a 61.8parent, guardian, or other person having similar care responsibilities, or (2) an individual 61.9functioning outside the family unit and having responsibilities for the care of the child 61.10such as a teacher, school administrator, other school employees or agents, or other lawful 61.11custodian of a child having either full-time or short-term care responsibilities including, 61.12but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 61.13and coaching. 61.14    (f) "Neglect" means: 61.15    (1) failure by a person responsible for a child's care to supply a child with necessary 61.16food, clothing, shelter, health, medical, or other care required for the child's physical or 61.17mental health when reasonably able to do so; 61.18    (2) failure to protect a child from conditions or actions that seriously endanger the 61.19child's physical or mental health when reasonably able to do so, including a growth delay, 61.20which may be referred to as a failure to thrive, that has been diagnosed by a physician and 61.21is due to parental neglect; 61.22    (3) failure to provide for necessary supervision or child care arrangements 61.23appropriate for a child after considering factors as the child's age, mental ability, physical 61.24condition, length of absence, or environment, when the child is unable to care for the 61.25child's own basic needs or safety, or the basic needs or safety of another child in their care; 61.26    (4) failure to ensure that the child is educated as defined in sections 120A.22 and 61.27260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 61.28child with sympathomimetic medications, consistent with section 125A.091, subdivision 5; 61.29    (5) nothing in this section shall be construed to mean that a child is neglected solely 61.30because the child's parent, guardian, or other person responsible for the child's care in 61.31good faith selects and depends upon spiritual means or prayer for treatment or care of 61.32disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 61.33or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 61.34if a lack of medical care may cause serious danger to the child's health. This section does 61.35not impose upon persons, not otherwise legally responsible for providing a child with 61.36necessary food, clothing, shelter, education, or medical care, a duty to provide that care; 62.1    (6) prenatal exposure to a controlled substance, as defined in section 253B.02, 62.2subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 62.3symptoms in the child at birth, results of a toxicology test performed on the mother at 62.4delivery or the child at birth, or medical effects or developmental delays during the child's 62.5first year of life that medically indicate prenatal exposure to a controlled substance; 62.6    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5); 62.7    (8) chronic and severe use of alcohol or a controlled substance by a parent or 62.8person responsible for the care of the child that adversely affects the child's basic needs 62.9and safety; or 62.10    (9) emotional harm from a pattern of behavior which contributes to impaired 62.11emotional functioning of the child which may be demonstrated by a substantial and 62.12observable effect in the child's behavior, emotional response, or cognition that is not 62.13within the normal range for the child's age and stage of development, with due regard to 62.14the child's culture. 62.15    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 62.16inflicted by a person responsible for the child's care on a child other than by accidental 62.17means, or any physical or mental injury that cannot reasonably be explained by the child's 62.18history of injuries, or any aversive or deprivation procedures, or regulated interventions, 62.19that have not been authorized under section 121A.67 or 245.825. 62.20    Abuse does not include reasonable and moderate physical discipline of a child 62.21administered by a parent or legal guardian which does not result in an injury. Abuse does 62.22not include the use of reasonable force by a teacher, principal, or school employee as 62.23allowed by section 121A.582. Actions which are not reasonable and moderate include, 62.24but are not limited to, any of the following that are done in anger or without regard to the 62.25safety of the child: 62.26    (1) throwing, kicking, burning, biting, or cutting a child; 62.27    (2) striking a child with a closed fist; 62.28    (3) shaking a child under age three; 62.29    (4) striking or other actions which result in any nonaccidental injury to a child 62.30under 18 months of age; 62.31    (5) unreasonable interference with a child's breathing; 62.32    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6; 62.33    (7) striking a child under age one on the face or head; 62.34    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 62.35substances which were not prescribed for the child by a practitioner, in order to control or 62.36punish the child; or other substances that substantially affect the child's behavior, motor 63.1coordination, or judgment or that results in sickness or internal injury, or subjects the 63.2child to medical procedures that would be unnecessary if the child were not exposed 63.3to the substances; 63.4    (9) unreasonable physical confinement or restraint not permitted under section 63.5609.379, including but not limited to tying, caging, or chaining; or 63.6    (10) in a school facility or school zone, an act by a person responsible for the child's 63.7care that is a violation under section 121A.58. 63.8    (h) "Report" means any report received by the local welfare agency, police 63.9department, county sheriff, or agency responsible for assessing or investigating 63.10maltreatment pursuant to this section. 63.11    (i) "Facility" means: 63.12    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 63.13sanitarium, or other facility or institution required to be licensed under sections 144.50 to 63.14144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; 63.15    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 63.16124D.10; or 63.17    (3) a nonlicensed personal care provider organization as defined in sections 256B.04, 63.18subdivision 16, and 256B.0625, subdivision 19a. 63.19    (j) "Operator" means an operator or agency as defined in section 245A.02. 63.20    (k) "Commissioner" means the commissioner of human services. 63.21    (l) "Practice of social services," for the purposes of subdivision 3, includes but is 63.22not limited to employee assistance counseling and the provision of guardian ad litem and 63.23parenting time expeditor services. 63.24    (m) "Mental injury" means an injury to the psychological capacity or emotional 63.25stability of a child as evidenced by an observable or substantial impairment in the child's 63.26ability to function within a normal range of performance and behavior with due regard to 63.27the child's culture. 63.28    (n) "Threatened injury" means a statement, overt act, condition, or status that 63.29represents a substantial risk of physical or sexual abuse or mental injury. Threatened 63.30injury includes, but is not limited to, exposing a child to a person responsible for the 63.31child's care, as defined in paragraph (e), clause (1), who has: 63.32    (1) subjected a child to, or failed to protect a child from, an overt act or condition 63.33that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 63.34similar law of another jurisdiction; 63.35    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 63.36(4), or a similar law of another jurisdiction; 64.1    (3) committed an act that has resulted in an involuntary termination of parental rights 64.2under section 260C.301, or a similar law of another jurisdiction; or 64.3    (4) committed an act that has resulted in the involuntary transfer of permanent legal 64.4and physical custody of a child to a relative under section 260C.201, subdivision 11, 64.5paragraph (d), clause (1), or a similar law of another jurisdiction. 64.6    (o) Persons who conduct assessments or investigations under this section shall take 64.7into account accepted child-rearing practices of the culture in which a child participates 64.8and accepted teacher discipline practices, which are not injurious to the child's health, 64.9welfare, and safety. 64.10     new text begin (p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected new text end 64.11 new text begin occurrence or event which: new text end 64.12     new text begin (1) is not likely to occur and could not have been prevented by exercise of due new text end 64.13 new text begin care; and new text end 64.14     new text begin (2) if occurring while a child is receiving services from a facility, happens when the new text end 64.15 new text begin facility and the employee or person providing services in the facility are in compliance new text end 64.16 new text begin with the laws and rules relevant to the occurrence of event. new text end 64.17    Sec. 55. Minnesota Statutes 2006, section 626.556, subdivision 10e, is amended to 64.18read: 64.19    Subd. 10e. Determinations. (a) The local welfare agency shall conclude the family 64.20assessment or the investigation within 45 days of the receipt of a report. The conclusion of 64.21the assessment or investigation may be extended to permit the completion of a criminal 64.22investigation or the receipt of expert information requested within 45 days of the receipt 64.23of the report. 64.24    (b) After conducting a family assessment, the local welfare agency shall determine 64.25whether services are needed to address the safety of the child and other family members 64.26and the risk of subsequent maltreatment. 64.27    (c) After conducting an investigation, the local welfare agency shall make two 64.28determinations: first, whether maltreatment has occurred; and second, whether child 64.29protective services are needed. 64.30    (d) If the commissioner of education conducts an assessment or investigation, 64.31the commissioner shall determine whether maltreatment occurred and what corrective 64.32or protective action was taken by the school facility. If a determination is made that 64.33maltreatment has occurred, the commissioner shall report to the employer, the school 64.34board, and any appropriate licensing entity the determination that maltreatment occurred 64.35and what corrective or protective action was taken by the school facility. In all other cases, 65.1the commissioner shall inform the school board or employer that a report was received, 65.2the subject of the report, the date of the initial report, the category of maltreatment alleged 65.3as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 65.4of the specific reasons for the determination. 65.5    (e) When maltreatment is determined in an investigation involving a facility, 65.6the investigating agency shall also determine whether the facility or individual was 65.7responsible, or whether both the facility and the individual were responsible for the 65.8maltreatment using the mitigating factors in paragraph (i). Determinations under this 65.9subdivision must be made based on a preponderance of the evidence and are private data 65.10on individuals or nonpublic data as maintained by the commissioner of education. 65.11    (f) For the purposes of this subdivision, "maltreatment" means any of the following 65.12acts or omissions: 65.13    (1) physical abuse as defined in subdivision 2, paragraph (g); 65.14    (2) neglect as defined in subdivision 2, paragraph (f); 65.15    (3) sexual abuse as defined in subdivision 2, paragraph (d); 65.16    (4) mental injury as defined in subdivision 2, paragraph (m); or 65.17    (5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i). 65.18    (g) For the purposes of this subdivision, a determination that child protective 65.19services are needed means that the local welfare agency has documented conditions 65.20during the assessment or investigation sufficient to cause a child protection worker, as 65.21defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of 65.22maltreatment if protective intervention is not provided and that the individuals responsible 65.23for the child's care have not taken or are not likely to take actions to protect the child 65.24from maltreatment or risk of maltreatment. 65.25    (h) This subdivision does not mean that maltreatment has occurred solely because 65.26the child's parent, guardian, or other person responsible for the child's care in good faith 65.27selects and depends upon spiritual means or prayer for treatment or care of disease 65.28or remedial care of the child, in lieu of medical care. However, if lack of medical care 65.29may result in serious danger to the child's health, the local welfare agency may ensure 65.30that necessary medical services are provided to the child. 65.31    (i) When determining whether the facility or individual is the responsible party new text begin , or new text end 65.32 new text begin whether both the facility and the individual are responsible new text end for determined maltreatment in 65.33a facility, the investigating agency shall consider at least the following mitigating factors: 65.34    (1) whether the actions of the facility or the individual caregivers were according to, 65.35and followed the terms of, an erroneous physician order, prescription, individual care plan, 65.36or directive; however, this is not a mitigating factor when the facility or caregiver was 66.1responsible for the issuance of the erroneous order, prescription, individual care plan, or 66.2directive or knew or should have known of the errors and took no reasonable measures to 66.3correct the defect before administering care; 66.4    (2) comparative responsibility between the facility, other caregivers, and 66.5requirements placed upon an employee, including the facility's compliance with related 66.6regulatory standards and the adequacy of facility policies and procedures, facility training, 66.7an individual's participation in the training, the caregiver's supervision, and facility staffing 66.8levels and the scope of the individual employee's authority and discretion; and 66.9    (3) whether the facility or individual followed professional standards in exercising 66.10professional judgment. 66.11    (j) Individual counties may implement more detailed definitions or criteria that 66.12indicate which allegations to investigate, as long as a county's policies are consistent 66.13with the definitions in the statutes and rules and are approved by the county board. Each 66.14local welfare agency shall periodically inform mandated reporters under subdivision 3 66.15who work in the county of the definitions of maltreatment in the statutes and rules and any 66.16additional definitions or criteria that have been approved by the county board. 66.17    Sec. 56. Minnesota Statutes 2006, section 626.556, subdivision 10i, is amended to read: 66.18    Subd. 10i. Administrative reconsideration of final determination of 66.19maltreatment and disqualification based on serious or recurring maltreatment; 66.20review panel. (a) Administrative reconsideration is not applicable in family assessments 66.21since no determination concerning maltreatment is made. For investigations, except as 66.22provided under paragraph (e), an individual or facility that the commissioner of human 66.23services, a local social service agency, or the commissioner of education determines 66.24has maltreated a child, an interested person acting on behalf of the child, regardless of 66.25the determination, who contests the investigating agency's final determination regarding 66.26maltreatment, may request the investigating agency to reconsider its final determination 66.27regarding maltreatment. The request for reconsideration must be submitted in writing 66.28to the investigating agency within 15 calendar days after receipt of notice of the final 66.29determination regarding maltreatment or, if the request is made by an interested person 66.30who is not entitled to notice, within 15 days after receipt of the notice by the parent or 66.31guardian of the child. If mailed, the request for reconsideration must be postmarked and 66.32sent to the investigating agency within 15 calendar days of the individual's or facility's 66.33receipt of the final determination. If the request for reconsideration is made by personal 66.34service, it must be received by the investigating agency within 15 calendar days after the 66.35individual's or facility's receipt of the final determination. Effective January 1, 2002, an 67.1individual who was determined to have maltreated a child under this section and who was 67.2disqualified on the basis of serious or recurring maltreatment under sections 245C.14 67.3and 245C.15, may request reconsideration of the maltreatment determination and the 67.4disqualification. The request for reconsideration of the maltreatment determination and 67.5the disqualification must be submitted within 30 calendar days of the individual's receipt 67.6of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the 67.7request for reconsideration of the maltreatment determination and the disqualification 67.8must be postmarked and sent to the investigating agency within 30 calendar days of the 67.9individual's receipt of the maltreatment determination and notice of disqualification. If 67.10the request for reconsideration is made by personal service, it must be received by the 67.11investigating agency within 30 calendar days after the individual's receipt of the notice 67.12of disqualification. 67.13    (b) Except as provided under paragraphs (e) and (f), if the investigating agency 67.14denies the request or fails to act upon the request within 15 working days after receiving 67.15the request for reconsideration, the person or facility entitled to a fair hearing under section 67.16256.045 may submit to the commissioner of human services or the commissioner of 67.17education a written request for a hearing under that section. Section 256.045 also governs 67.18hearings requested to contest a final determination of the commissioner of education. For 67.19reports involving maltreatment of a child in a facility, an interested person acting on behalf 67.20of the child may request a review by the Child Maltreatment Review Panel under section 67.21256.022 if the investigating agency denies the request or fails to act upon the request or 67.22if the interested person contests a reconsidered determination. The investigating agency 67.23shall notify persons who request reconsideration of their rights under this paragraph. 67.24The request must be submitted in writing to the review panel and a copy sent to the 67.25investigating agency within 30 calendar days of receipt of notice of a denial of a request 67.26for reconsideration or of a reconsidered determination. The request must specifically 67.27identify the aspects of the agency determination with which the person is dissatisfied. 67.28    (c) If, as a result of a reconsideration or review, the investigating agency changes 67.29the final determination of maltreatment, that agency shall notify the parties specified in 67.30subdivisions 10b, 10d, and 10f. 67.31    (d) Except as provided under paragraph (f), if an individual or facility contests the 67.32investigating agency's final determination regarding maltreatment by requesting a fair 67.33hearing under section 256.045, the commissioner of human services shall assure that the 67.34hearing is conducted and a decision is reached within 90 days of receipt of the request for 67.35a hearing. The time for action on the decision may be extended for as many days as the 67.36hearing is postponed or the record is held open for the benefit of either party. 68.1    (e) Effective January 1, 2002, if an individual was disqualified under sections 68.2245C.14 and 245C.15, on the basis of a determination of maltreatment, which was 68.3serious or recurring, and the individual has requested reconsideration of the maltreatment 68.4determination under paragraph (a) and requested reconsideration of the disqualification 68.5under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and 68.6reconsideration of the disqualification shall be consolidated into a single reconsideration. 68.7If reconsideration of the maltreatment determination is denied or the disqualification 68.8is not set aside under sections 245C.21 to 245C.27, the individual may request a fair 68.9hearing under section 256.045. If an individual requests a fair hearing on the maltreatment 68.10determination and the disqualification, the scope of the fair hearing shall include both the 68.11maltreatment determination and the disqualification. 68.12    (f) Effective January 1, 2002, if a maltreatment determination or a disqualification 68.13based on serious or recurring maltreatment is the basis for a denial of a license under 68.14section 245A.05 or a licensing sanction under section 245A.07, the license holder has the 68.15right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 68.16to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the 68.17contested case hearing shall include the maltreatment determination, disqualification, 68.18and licensing sanction or denial of a license. In such cases, a fair hearing regarding the 68.19maltreatment determination new text begin and disqualification new text end shall not be conducted under paragraph 68.20(b). When a fine is based on a determination that the license holder is responsible for 68.21maltreatment and the fine is issued at the same time as the maltreatment determination, if 68.22the license holder appeals the maltreatment and fine, reconsideration of the maltreatment 68.23determination shall not be conducted under this section new text begin section 256.045 new text end . new text begin Except for new text end 68.24 new text begin family child care and child foster care, reconsideration of a maltreatment determination new text end 68.25 new text begin as provided under this subdivision, and reconsideration of a disqualification as provided new text end 68.26 new text begin under section 245C.22, shall also not be conducted when: new text end 68.27     new text begin (1) a denial of a license under section 245A.05 or a licensing sanction under section new text end 68.28 new text begin 245A.07, is based on a determination that the license holder is responsible for maltreatment new text end 68.29 new text begin or the disqualification of a license holder based on serious or recurring maltreatment; new text end 68.30     new text begin (2) the denial of a license or licensing sanction is issued at the same time as the new text end 68.31 new text begin maltreatment determination or disqualification; and new text end 68.32     new text begin (3) the license holder appeals the maltreatment determination or disqualification, and new text end 68.33 new text begin denial of a license or licensing sanction. new text end 68.34     new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment new text end 68.35 new text begin determination or disqualification, but does not appeal the denial of a license or a licensing new text end 68.36 new text begin sanction, reconsideration of the maltreatment determination shall be conducted under new text end 69.1 new text begin section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration new text end 69.2 new text begin of the disqualification shall be conducted under section 245C.22. In such cases, a fair new text end 69.3 new text begin hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision new text end 69.4 new text begin 10i, and 626.557, subdivision 9d. new text end 69.5    If the disqualified subject is an individual other than the license holder and upon 69.6whom a background study must be conducted under chapter 245C, the hearings of all 69.7parties may be consolidated into a single contested case hearing upon consent of all parties 69.8and the administrative law judge. 69.9    (g) For purposes of this subdivision, "interested person acting on behalf of the 69.10child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 69.11stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 69.12determined to be the perpetrator of the maltreatment. 69.13    Sec. 57. Minnesota Statutes 2006, section 626.557, subdivision 9c, is amended to read: 69.14    Subd. 9c. Lead agency; notifications, dispositions, and determinations. (a) 69.15Upon request of the reporter, the lead agency shall notify the reporter that it has received 69.16the report, and provide information on the initial disposition of the report within five 69.17business days of receipt of the report, provided that the notification will not endanger the 69.18vulnerable adult or hamper the investigation. 69.19    (b) Upon conclusion of every investigation it conducts, the lead agency shall make a 69.20final disposition as defined in section 626.5572, subdivision 8. 69.21    (c) When determining whether the facility or individual is the responsible party for 69.22substantiated maltreatment new text begin or whether both the facility and the individual are responsible new text end 69.23 new text begin for substantiated maltreatment new text end , the lead agency shall consider at least the following 69.24mitigating factors: 69.25    (1) whether the actions of the facility or the individual caregivers were in accordance 69.26with, and followed the terms of, an erroneous physician order, prescription, resident 69.27care plan, or directive. This is not a mitigating factor when the facility or caregiver is 69.28responsible for the issuance of the erroneous order, prescription, plan, or directive or 69.29knows or should have known of the errors and took no reasonable measures to correct the 69.30defect before administering care; 69.31    (2) the comparative responsibility between the facility, other caregivers, and 69.32requirements placed upon the employee, including but not limited to, the facility's 69.33compliance with related regulatory standards and factors such as the adequacy of facility 69.34policies and procedures, the adequacy of facility training, the adequacy of an individual's 70.1participation in the training, the adequacy of caregiver supervision, the adequacy of facility 70.2staffing levels, and a consideration of the scope of the individual employee's authority; and 70.3    (3) whether the facility or individual followed professional standards in exercising 70.4professional judgment. 70.5    (d) The lead agency shall complete its final disposition within 60 calendar days. If 70.6the lead agency is unable to complete its final disposition within 60 calendar days, the lead 70.7agency shall notify the following persons provided that the notification will not endanger 70.8the vulnerable adult or hamper the investigation: (1) the vulnerable adult or the vulnerable 70.9adult's legal guardian, when known, if the lead agency knows them to be aware of the 70.10investigation and (2) the facility, where applicable. The notice shall contain the reason for 70.11the delay and the projected completion date. If the lead agency is unable to complete its 70.12final disposition by a subsequent projected completion date, the lead agency shall again 70.13notify the vulnerable adult or the vulnerable adult's legal guardian, when known if the lead 70.14agency knows them to be aware of the investigation, and the facility, where applicable, 70.15of the reason for the delay and the revised projected completion date provided that the 70.16notification will not endanger the vulnerable adult or hamper the investigation. A lead 70.17agency's inability to complete the final disposition within 60 calendar days or by any 70.18projected completion date does not invalidate the final disposition. 70.19    (e) Within ten calendar days of completing the final disposition, the lead agency shall 70.20provide a copy of the public investigation memorandum under subdivision 12b, paragraph 70.21(b), clause (1), when required to be completed under this section, to the following persons: 70.22(1) the vulnerable adult, or the vulnerable adult's legal guardian, if known unless the lead 70.23agency knows that the notification would endanger the well-being of the vulnerable adult; 70.24(2) the reporter, if the reporter requested notification when making the report, provided 70.25this notification would not endanger the well-being of the vulnerable adult; (3) the alleged 70.26perpetrator, if known; (4) the facility; and (5) the ombudsman for older Minnesotans, or 70.27the ombudsman for mental health and developmental disabilities, as appropriate. 70.28    (f) The lead agency shall notify the vulnerable adult who is the subject of the report 70.29or the vulnerable adult's legal guardian, if known, and any person or facility determined 70.30to have maltreated a vulnerable adult, of their appeal or review rights under this section 70.31or section 256.021. 70.32    (g) The lead agency shall routinely provide investigation memoranda for 70.33substantiated reports to the appropriate licensing boards. These reports must include 70.34the names of substantiated perpetrators. The lead agency may not provide investigative 70.35memoranda for inconclusive or false reports to the appropriate licensing boards unless the 70.36lead agency's investigation gives reason to believe that there may have been a violation of 71.1the applicable professional practice laws. If the investigation memorandum is provided 71.2to a licensing board, the subject of the investigation memorandum shall be notified and 71.3receive a summary of the investigative findings. 71.4    (h) In order to avoid duplication, licensing boards shall consider the findings of the 71.5lead agency in their investigations if they choose to investigate. This does not preclude 71.6licensing boards from considering other information. 71.7    (i) The lead agency must provide to the commissioner of human services its final 71.8dispositions, including the names of all substantiated perpetrators. The commissioner of 71.9human services shall establish records to retain the names of substantiated perpetrators. 71.10    Sec. 58. Minnesota Statutes 2006, section 626.557, subdivision 9d, is amended to read: 71.11    Subd. 9d. Administrative reconsideration of final disposition of maltreatment 71.12and disqualification based on serious or recurring maltreatment; review panel. 71.13    (a) Except as provided under paragraph (e), any individual or facility which a lead 71.14agency determines has maltreated a vulnerable adult, or the vulnerable adult or an 71.15interested person acting on behalf of the vulnerable adult, regardless of the lead agency's 71.16determination, who contests the lead agency's final disposition of an allegation of 71.17maltreatment, may request the lead agency to reconsider its final disposition. The request 71.18for reconsideration must be submitted in writing to the lead agency within 15 calendar 71.19days after receipt of notice of final disposition or, if the request is made by an interested 71.20person who is not entitled to notice, within 15 days after receipt of the notice by the 71.21vulnerable adult or the vulnerable adult's legal guardian. If mailed, the request for 71.22reconsideration must be postmarked and sent to the lead agency within 15 calendar 71.23days of the individual's or facility's receipt of the final disposition. If the request for 71.24reconsideration is made by personal service, it must be received by the lead agency 71.25within 15 calendar days of the individual's or facility's receipt of the final disposition. An 71.26individual who was determined to have maltreated a vulnerable adult under this section 71.27and who was disqualified on the basis of serious or recurring maltreatment under sections 71.28245C.14 and 245C.15, may request reconsideration of the maltreatment determination and 71.29the disqualification. The request for reconsideration of the maltreatment determination 71.30and the disqualification must be submitted in writing within 30 calendar days of the 71.31individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. 71.32If mailed, the request for reconsideration of the maltreatment determination and the 71.33disqualification must be postmarked and sent to the lead agency within 30 calendar days of 71.34the individual's receipt of the notice of disqualification. If the request for reconsideration 72.1is made by personal service, it must be received by the lead agency within 30 calendar 72.2days after the individual's receipt of the notice of disqualification. 72.3    (b) Except as provided under paragraphs (e) and (f), if the lead agency denies the 72.4request or fails to act upon the request within 15 working days after receiving the request 72.5for reconsideration, the person or facility entitled to a fair hearing under section 256.045, 72.6may submit to the commissioner of human services a written request for a hearing 72.7under that statute. The vulnerable adult, or an interested person acting on behalf of the 72.8vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review 72.9Panel under section 256.021 if the lead agency denies the request or fails to act upon the 72.10request, or if the vulnerable adult or interested person contests a reconsidered disposition. 72.11The lead agency shall notify persons who request reconsideration of their rights under this 72.12paragraph. The request must be submitted in writing to the review panel and a copy sent 72.13to the lead agency within 30 calendar days of receipt of notice of a denial of a request for 72.14reconsideration or of a reconsidered disposition. The request must specifically identify the 72.15aspects of the agency determination with which the person is dissatisfied. 72.16    (c) If, as a result of a reconsideration or review, the lead agency changes the final 72.17disposition, it shall notify the parties specified in subdivision 9c, paragraph (d). 72.18    (d) For purposes of this subdivision, "interested person acting on behalf of the 72.19vulnerable adult" means a person designated in writing by the vulnerable adult to act 72.20on behalf of the vulnerable adult, or a legal guardian or conservator or other legal 72.21representative, a proxy or health care agent appointed under chapter 145B or 145C, 72.22or an individual who is related to the vulnerable adult, as defined in section 245A.02, 72.23subdivision 13 . 72.24    (e) If an individual was disqualified under sections 245C.14 and 245C.15, on 72.25the basis of a determination of maltreatment, which was serious or recurring, and 72.26the individual has requested reconsideration of the maltreatment determination under 72.27paragraph (a) and reconsideration of the disqualification under sections 245C.21 to 72.28245C.27 , reconsideration of the maltreatment determination and requested reconsideration 72.29of the disqualification shall be consolidated into a single reconsideration. If reconsideration 72.30of the maltreatment determination is denied or if the disqualification is not set aside under 72.31sections 245C.21 to 245C.27, the individual may request a fair hearing under section 72.32256.045 . If an individual requests a fair hearing on the maltreatment determination and 72.33the disqualification, the scope of the fair hearing shall include both the maltreatment 72.34determination and the disqualification. 72.35    (f) If a maltreatment determination or a disqualification based on serious or recurring 72.36maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 73.1sanction under section 245A.07, the license holder has the right to a contested case hearing 73.2under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 73.3under section 245A.08, the scope of the contested case hearing shall new text begin must new text end include the 73.4maltreatment determination, disqualification, and licensing sanction or denial of a license. 73.5In such cases, a fair hearing shall new text begin must new text end not be conducted under paragraph (b). When a fine 73.6is based on a determination that the license holder is responsible for maltreatment and 73.7the fine is issued at the same time as the maltreatment determination, if the license holder 73.8appeals the maltreatment and fine, reconsideration of the maltreatment determination shall 73.9not be conducted under this section. new text begin section 256.045. Except for family child care and new text end 73.10 new text begin child foster care, reconsideration of a maltreatment determination under this subdivision, new text end 73.11 new text begin and reconsideration of a disqualification under section 245C.22, must not be conducted new text end 73.12 new text begin when: new text end 73.13     new text begin (1) a denial of a license under section 245A.05, or a licensing sanction under section new text end 73.14 new text begin 245A.07, is based on a determination that the license holder is responsible for maltreatment new text end 73.15 new text begin or the disqualification of a license holder based on serious or recurring maltreatment; new text end 73.16     new text begin (2) the denial of a license or licensing sanction is issued at the same time as the new text end 73.17 new text begin maltreatment determination or disqualification; and new text end 73.18     new text begin (3) the license holder appeals the maltreatment determination or disqualification, and new text end 73.19 new text begin denial of a license or licensing sanction. new text end 73.20     new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment new text end 73.21 new text begin determination or disqualification, but does not appeal the denial of a license or a licensing new text end 73.22 new text begin sanction, reconsideration of the maltreatment determination shall be conducted under new text end 73.23 new text begin section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration new text end 73.24 new text begin of the disqualification shall be conducted under section 245C.22. In such cases, a fair new text end 73.25 new text begin hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision new text end 73.26 new text begin 10i, and 626.557, subdivision 9d. new text end 73.27    If the disqualified subject is an individual other than the license holder and upon 73.28whom a background study must be conducted under chapter 245C, the hearings of all 73.29parties may be consolidated into a single contested case hearing upon consent of all parties 73.30and the administrative law judge. 73.31    (g) Until August 1, 2002, an individual or facility that was determined by the 73.32commissioner of human services or the commissioner of health to be responsible for 73.33neglect under section 626.5572, subdivision 17, after October 1, 1995, and before August 73.341, 2001, that believes that the finding of neglect does not meet an amended definition of 73.35neglect may request a reconsideration of the determination of neglect. The commissioner 73.36of human services or the commissioner of health shall mail a notice to the last known 74.1address of individuals who are eligible to seek this reconsideration. The request for 74.2reconsideration must state how the established findings no longer meet the elements of 74.3the definition of neglect. The commissioner shall review the request for reconsideration 74.4and make a determination within 15 calendar days. The commissioner's decision on this 74.5reconsideration is the final agency action. 74.6    (1) For purposes of compliance with the data destruction schedule under subdivision 74.712b, paragraph (d), when a finding of substantiated maltreatment has been changed as 74.8a result of a reconsideration under this paragraph, the date of the original finding of a 74.9substantiated maltreatment must be used to calculate the destruction date. 74.10    (2) For purposes of any background studies under chapter 245C, when a 74.11determination of substantiated maltreatment has been changed as a result of a 74.12reconsideration under this paragraph, any prior disqualification of the individual under 74.13chapter 245C that was based on this determination of maltreatment shall be rescinded, 74.14and for future background studies under chapter 245C the commissioner must not use the 74.15previous determination of substantiated maltreatment as a basis for disqualification or as a 74.16basis for referring the individual's maltreatment history to a health-related licensing board 74.17under section 245C.31. 74.18    Sec. 59. Minnesota Statutes 2006, section 626.5572, subdivision 17, is amended to 74.19read: 74.20    Subd. 17. Neglect. "Neglect" means: 74.21    (a) The failure or omission by a caregiver to supply a vulnerable adult with care or 74.22services, including but not limited to, food, clothing, shelter, health care, or supervision 74.23which is: 74.24    (1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or 74.25mental health or safety, considering the physical and mental capacity or dysfunction of 74.26the vulnerable adult; and 74.27    (2) which is not the result of an accident or therapeutic conduct. 74.28    (b) The absence or likelihood of absence of care or services, including but not 74.29limited to, food, clothing, shelter, health care, or supervision necessary to maintain the 74.30physical and mental health of the vulnerable adult which a reasonable person would deem 74.31essential to obtain or maintain the vulnerable adult's health, safety, or comfort considering 74.32the physical or mental capacity or dysfunction of the vulnerable adult. 74.33    (c) For purposes of this section, a vulnerable adult is not neglected for the sole 74.34reason that: 75.1    (1) the vulnerable adult or a person with authority to make health care decisions for 75.2the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, 75.3or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, 75.4consistent with that authority and within the boundary of reasonable medical practice, to 75.5any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, 75.6or treat the physical or mental condition of the vulnerable adult, or, where permitted under 75.7law, to provide nutrition and hydration parenterally or through intubation; this paragraph 75.8does not enlarge or diminish rights otherwise held under law by: 75.9    (i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an 75.10involved family member, to consent to or refuse consent for therapeutic conduct; or 75.11    (ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or 75.12    (2) the vulnerable adult, a person with authority to make health care decisions for the 75.13vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means 75.14or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu 75.15of medical care, provided that this is consistent with the prior practice or belief of the 75.16vulnerable adult or with the expressed intentions of the vulnerable adult; 75.17    (3) the vulnerable adult, who is not impaired in judgment or capacity by mental or 75.18emotional dysfunction or undue influence, engages in new text begin consensual new text end sexual contact with: 75.19    (i) a person including a facility staff person when a consensual sexual personal 75.20relationship existed prior to the caregiving relationship; or 75.21    (ii) a personal care attendant, regardless of whether the consensual sexual personal 75.22relationship existed prior to the caregiving relationship; or 75.23    (4) an individual makes an error in the provision of therapeutic conduct to a 75.24vulnerable adult which does not result in injury or harm which reasonably requires 75.25medical or mental health care; or 75.26    (5) an individual makes an error in the provision of therapeutic conduct to a 75.27vulnerable adult that results in injury or harm, which reasonably requires the care of a 75.28physician, and: 75.29    (i) the necessary care is provided in a timely fashion as dictated by the condition 75.30of the vulnerable adult; 75.31    (ii) if after receiving care, the health status of the vulnerable adult can be reasonably 75.32expected, as determined by the attending physician, to be restored to the vulnerable adult's 75.33preexisting condition; 75.34    (iii) the error is not part of a pattern of errors by the individual; 75.35    (iv) if in a facility, the error is immediately reported as required under section 75.36626.557 , and recorded internally in the facility; 76.1    (v) if in a facility, the facility identifies and takes corrective action and implements 76.2measures designed to reduce the risk of further occurrence of this error and similar 76.3errors; and 76.4    (vi) if in a facility, the actions required under items (iv) and (v) are sufficiently 76.5documented for review and evaluation by the facility and any applicable licensing, 76.6certification, and ombudsman agency. 76.7    (d) Nothing in this definition requires a caregiver, if regulated, to provide services 76.8in excess of those required by the caregiver's license, certification, registration, or other 76.9regulation. 76.10    (e) If the findings of an investigation by a lead agency result in a determination of 76.11substantiated maltreatment for the sole reason that the actions required of a facility under 76.12paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the facility is subject 76.13to a correction order. An individual will not be found to have neglected or maltreated the 76.14vulnerable adult based solely on the facility's not having taken the actions required under 76.15paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead agency's 76.16determination of mitigating factors under section 626.557, subdivision 9c, paragraph (c). 76.17    Sec. 60. new text begin BACKGROUND STUDY REVIEW. new text end 76.18     new text begin (a) The Collateral Consequences Committee described in Laws 2006, chapter 260, new text end 76.19 new text begin article 1, section 45, or successor entity, shall review the background study provisions new text end 76.20 new text begin contained in Minnesota Statutes, chapter 245C as well as set-aside and variance policies. new text end 76.21 new text begin The committee shall recommend changes in these laws to recodify and simplify them, new text end 76.22 new text begin and recommend appropriate substantive changes to them consistent with good public new text end 76.23 new text begin policy and public safety. new text end 76.24     new text begin (b) By February 1, 2008, the committee shall report its findings and recommendations new text end 76.25 new text begin to the chairs and ranking minority members of the senate and house of representatives new text end 76.26 new text begin committees having jurisdiction over human services and criminal justice policy. new text end 76.27    Sec. 61. new text begin REPEALER. new text end 76.28 new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 245A.023; 245A.11, subdivision 7; 245A.14, new text end 76.29 new text begin subdivisions 7, 9, 9a, 12, and 13; and 245C.06, new text end new text begin are repealed. new text end 76.30 new text begin (b) new text end new text begin Minnesota Rules, parts 9502.0385; and 9503.0035, new text end new text begin are repealed. new text end