1.1 	A bill for an act
1.2 	relating to human services; making changes to licensing provisions; modifying 
1.3 	background study requirements, disqualifications, and data classification; 
1.4 	requiring child care centers to develop risk management plans;amending 
1.5 	Minnesota Statutes 2008, sections 245A.07, subdivision 2a; 245A.30; 245A.66; 
1.6 	245B.05, subdivision 7; 245C.02, subdivision 18; Minnesota Statutes 2009 
1.7 	Supplement, sections 245A.03, subdivision 2; 245A.04, subdivisions 5, 7; 
1.8 	245A.07, subdivisions 1, 3; 245A.144; 245A.50, subdivision 5; 245C.15, 
1.9 	subdivision 2; 245C.20; 245C.22, subdivision 7; 626.556, subdivisions 2, 10e; 
1.10 	repealing Minnesota Rules, part 2500.5000.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2009 Supplement, section 245A.03, subdivision 2, 
1.13 	is amended to read:
1.14 		Subd. 2.Exclusion from licensure. (a) This chapter does not apply to:
1.15 	(1) residential or nonresidential programs that are provided to a person by an 
1.16 	individual who is related unless the residential program is a child foster care placement 
1.17 	made by a local social services agency or a licensed child-placing agency, except as 
1.18 	provided in subdivision 2a;
1.19 	(2) nonresidential programs that are provided by an unrelated individual to persons 
1.20 	from a single related family;
1.21 	(3) residential or nonresidential programs that are provided to adults who do 
1.22 	not abuse chemicals or who do not have a chemical dependency, a mental illness, a 
1.23 	developmental disability, a functional impairment, or a physical disability;
1.24 	(4) sheltered workshops or work activity programs that are certified by the 
1.25 	commissioner of employment and economic development;
1.26 	(5) programs operated by a public school for children 33 months or older;
2.1 	(6) nonresidential programs primarily for children that provide care or supervision 
2.2 	for periods of less than three hours a day while the child's parent or legal guardian is in 
2.3 	the same building as the nonresidential program or present within another building that is 
2.4 	directly contiguous to the building in which the nonresidential program is located;
2.5 	(7) nursing homes or hospitals licensed by the commissioner of health except as 
2.6 	specified under section 245A.02;
2.7 	(8) board and lodge facilities licensed by the commissioner of health that do not
2.8 	provide services for five or more persons whose primary diagnosis is mental illness that do 
2.9 	not provide intensive residential treatment children's residential services under Minnesota 
2.10 	Rules, chapter 2960, mental health or chemical dependency treatment;
2.11 	(9) homes providing programs for persons placed by a county or a licensed agency 
2.12 	for legal adoption, unless the adoption is not completed within two years;
2.13 	(10) programs licensed by the commissioner of corrections;
2.14 	(11) recreation programs for children or adults that are operated or approved by a 
2.15 	park and recreation board whose primary purpose is to provide social and recreational 
2.16 	activities;
2.17 	(12) programs operated by a school as defined in section 120A.22, subdivision 4; 
2.18 	YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as 
2.19 	defined in section 315.51, whose primary purpose is to provide child care or services to 
2.20 	school-age children;
2.21 	(13) Head Start nonresidential programs which operate for less than 45 days in 
2.22 	each calendar year;
2.23 	(14) noncertified boarding care homes unless they provide services for five or more 
2.24 	persons whose primary diagnosis is mental illness or a developmental disability;
2.25 	(15) programs for children such as scouting, boys clubs, girls clubs, and sports and 
2.26 	art programs, and nonresidential programs for children provided for a cumulative total of 
2.27 	less than 30 days in any 12-month period;
2.28 	(16) residential programs for persons with mental illness, that are located in hospitals;
2.29 	(17) the religious instruction of school-age children; Sabbath or Sunday schools; or 
2.30 	the congregate care of children by a church, congregation, or religious society during the 
2.31 	period used by the church, congregation, or religious society for its regular worship;
2.32 	(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 
2.33 	4630;
2.34 	(19) mental health outpatient services for adults with mental illness or children 
2.35 	with emotional disturbance;
3.1 	(20) residential programs serving school-age children whose sole purpose is cultural 
3.2 	or educational exchange, until the commissioner adopts appropriate rules;
3.3 	(21) unrelated individuals who provide out-of-home respite care services to persons 
3.4 	with developmental disabilities from a single related family for no more than 90 days in a 
3.5 	12-month period and the respite care services are for the temporary relief of the person's 
3.6 	family or legal representative;
3.7 	(22) respite care services provided as a home and community-based service to a 
3.8 	person with a developmental disability, in the person's primary residence;
3.9 	(23) community support services programs as defined in section 245.462, subdivision 
3.10 	6, and family community support services as defined in section 245.4871, subdivision 17;
3.11 	(24) the placement of a child by a birth parent or legal guardian in a preadoptive 
3.12 	home for purposes of adoption as authorized by section 259.47;
3.13 	(25) settings registered under chapter 144D which provide home care services 
3.14 	licensed by the commissioner of health to fewer than seven adults;
3.15 	(26) chemical dependency or substance abuse treatment activities of licensed 
3.16 	professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart 
3.17 	15, when the treatment activities are not paid for by the consolidated chemical dependency 
3.18 	treatment fund;
3.19 	(27) consumer-directed community support service funded under the Medicaid 
3.20 	waiver for persons with developmental disabilities when the individual who provided 
3.21 	the service is:
3.22 	(i) the same individual who is the direct payee of these specific waiver funds or paid 
3.23 	by a fiscal agent, fiscal intermediary, or employer of record; and
3.24 	(ii) not otherwise under the control of a residential or nonresidential program that is 
3.25 	required to be licensed under this chapter when providing the service; or
3.26 	(28) a program serving only children who are age 33 months or older, that is 
3.27 	operated by a nonpublic school, for no more than four hours per day per child, with no 
3.28 	more than 20 children at any one time, and that is accredited by:
3.29 	(i) an accrediting agency that is formally recognized by the commissioner of 
3.30 	education as a nonpublic school accrediting organization; or
3.31 	(ii) an accrediting agency that requires background studies and that receives and 
3.32 	investigates complaints about the services provided.
3.33 	A program that asserts its exemption from licensure under item (ii) shall, upon 
3.34 	request from the commissioner, provide the commissioner with documentation from the 
3.35 	accrediting agency that verifies: that the accreditation is current; that the accrediting 
4.1 	agency investigates complaints about services; and that the accrediting agency's standards 
4.2 	require background studies on all people providing direct contact services.
4.3 	(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a 
4.4 	building in which a nonresidential program is located if it shares a common wall with the 
4.5 	building in which the nonresidential program is located or is attached to that building by 
4.6 	skyway, tunnel, atrium, or common roof.
4.7 	(c) Nothing in this chapter shall be construed to require licensure for any services 
4.8 	provided and funded according to an approved federal waiver plan where licensure is 
4.9 	specifically identified as not being a condition for the services and funding.

4.10 	Sec. 2. Minnesota Statutes 2009 Supplement, section 245A.04, subdivision 5, is 
4.11 	amended to read:
4.12 		Subd. 5.Commissioner's right of access. When the commissioner is exercising 
4.13 	the powers conferred by this chapter and sections 245.69, 626.556, and 626.557, the 
4.14 	commissioner must be given access to the physical plant and grounds where the program 
4.15 	is provided, documents and records, including records maintained in electronic format, 
4.16 	persons served by the program, and staff whenever the program is in operation and the 
4.17 	information is relevant to inspections or investigations conducted by the commissioner. 
4.18 	The commissioner must be given access without prior notice and as often as the 
4.19 	commissioner considers necessary if the commissioner is conducting an investigation 
4.20 	of allegations of investigating alleged maltreatment or other, conducting a licensing 
4.21 	inspection, or investigating an alleged violation of applicable laws or rules. In conducting 
4.22 	inspections, the commissioner may request and shall receive assistance from other state, 
4.23 	county, and municipal governmental agencies and departments. The applicant or license 
4.24 	holder shall allow the commissioner to photocopy, photograph, and make audio and video 
4.25 	tape recordings during the inspection of the program at the commissioner's expense. The 
4.26 	commissioner shall obtain a court order or the consent of the subject of the records or the 
4.27 	parents or legal guardian of the subject before photocopying hospital medical records. 
4.28 	Persons served by the program have the right to refuse to consent to be interviewed, 
4.29 	photographed, or audio or videotaped. Failure or refusal of an applicant or license holder 
4.30 	to fully comply with this subdivision is reasonable cause for the commissioner to deny the 
4.31 	application or immediately suspend or revoke the license.

4.32 	Sec. 3. Minnesota Statutes 2009 Supplement, section 245A.04, subdivision 7, is 
4.33 	amended to read:
5.1 		Subd. 7.Grant of license; license extension. (a) If the commissioner determines 
5.2 	that the program complies with all applicable rules and laws, the commissioner shall issue 
5.3 	a license. At minimum, the license shall state:
5.4 	(1) the name of the license holder;
5.5 	(2) the address of the program;
5.6 	(3) the effective date and expiration date of the license;
5.7 	(4) the type of license;
5.8 	(5) the maximum number and ages of persons that may receive services from the 
5.9 	program; and
5.10 	(6) any special conditions of licensure.
5.11 	(b) The commissioner may issue an initial license for a period not to exceed two 
5.12 	years if:
5.13 	(1) the commissioner is unable to conduct the evaluation or observation required 
5.14 	by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet 
5.15 	operational;
5.16 	(2) certain records and documents are not available because persons are not yet 
5.17 	receiving services from the program; and
5.18 	(3) the applicant complies with applicable laws and rules in all other respects.
5.19 	(c) A decision by the commissioner to issue a license does not guarantee that any 
5.20 	person or persons will be placed or cared for in the licensed program. A license shall not 
5.21 	be transferable to another individual, corporation, partnership, voluntary association, other 
5.22 	organization, or controlling individual or to another location.
5.23 	(d) A license holder must notify the commissioner and obtain the commissioner's 
5.24 	approval before making any changes that would alter the license information listed under 
5.25 	paragraph (a).
5.26 	(e) Except as provided in paragraphs (g) and (h), the commissioner shall not issue or 
5.27 	reissue a license if the applicant, license holder, or controlling individual has:
5.28 	(1) been disqualified and the disqualification was not set aside and no variance has 
5.29 	been granted;
5.30 	(2) has been denied a license within the past two years; 
5.31 	(3) had a license revoked within the past five years; or
5.32 	(4) has an outstanding debt related to a license fee, licensing fine, or settlement 
5.33 	agreement for which payment is delinquent.
5.34 	When a license is revoked under clause (1) or (3), the license holder and controlling 
5.35 	individual may not hold any license under chapter 245A or 245B for five years following 
6.1 	the revocation, and other licenses held by the applicant, license holder, or controlling 
6.2 	individual shall also be revoked.
6.3 	(f) The commissioner shall not issue or reissue a license if an individual living in 
6.4 	the household where the licensed services will be provided as specified under section 
6.5 	245C.03, subdivision 1, has been disqualified and the disqualification has not been set 
6.6 	aside and no variance has been granted.
6.7 	(g) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license has 
6.8 	been suspended or revoked and the suspension or revocation is under appeal, the program 
6.9 	may continue to operate pending a final order from the commissioner. If the license under 
6.10 	suspension or revocation will expire before a final order is issued, a temporary provisional 
6.11 	license may be issued provided any applicable license fee is paid before the temporary 
6.12 	provisional license is issued.
6.13 	(h) Notwithstanding paragraph (g), when a revocation is based on the disqualification 
6.14 	of a controlling individual or license holder, and the controlling individual or license holder 
6.15 	is ordered under section 245C.17 to be immediately removed from direct contact with 
6.16 	persons receiving services or is ordered to be under continuous, direct supervision when 
6.17 	providing direct contact services, the program may continue to operate only if the program 
6.18 	complies with the order and submits documentation demonstrating compliance with the 
6.19 	order. If the disqualified individual fails to submit a timely request for reconsideration, or 
6.20 	if the disqualification is not set aside and no variance is granted, the order to immediately 
6.21 	remove the individual from direct contact or to be under continuous, direct supervision 
6.22 	remains in effect pending the outcome of a hearing and final order from the commissioner.
6.23 	(g) (i) For purposes of reimbursement for meals only, under the Child and Adult Care 
6.24 	Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, 
6.25 	part 226, relocation within the same county by a licensed family day care provider, shall 
6.26 	be considered an extension of the license for a period of no more than 30 calendar days or 
6.27 	until the new license is issued, whichever occurs first, provided the county agency has 
6.28 	determined the family day care provider meets licensure requirements at the new location.
6.29 	(h) (j) Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the 
6.30 	day after the expiration date stated on the license. A license holder must apply for and 
6.31 	be granted a new license to operate the program or the program must not be operated 
6.32 	after the expiration date.
6.33 	(k) The commissioner shall not issue or reissue a license if it has been determined that 
6.34 	a tribal licensing authority has established jurisdiction to license the program or service.

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

7.1 	Sec. 4. Minnesota Statutes 2009 Supplement, section 245A.07, subdivision 1, is 
7.2 	amended to read:
7.3 		Subdivision 1.Sanctions; appeals; license. (a) In addition to making a license 
7.4 	conditional under section 245A.06, the commissioner may suspend or revoke the license, 
7.5 	impose a fine, or secure an injunction against the continuing operation of the program of a 
7.6 	license holder who does not comply with applicable law or rule. When applying sanctions 
7.7 	authorized under this section, the commissioner shall consider the nature, chronicity, or 
7.8 	severity of the violation of law or rule and the effect of the violation on the health, safety, 
7.9 	or rights of persons served by the program.
7.10 	(b) If a license holder appeals the suspension or revocation of a license and the 
7.11 	license holder continues to operate the program pending a final order on the appeal, and 
7.12 	the license expires during this time period, the commissioner shall issue the license holder 
7.13 	a temporary provisional license. The temporary provisional license is effective on the date 
7.14 	issued and expires on the date that a final order is issued. Unless otherwise specified by the 
7.15 	commissioner, variances in effect on the date of the license sanction under appeal continue 
7.16 	under the temporary provisional license. If a license holder fails to comply with applicable 
7.17 	law or rule while operating under a temporary provisional license, the commissioner may 
7.18 	impose additional sanctions under this section and section 245A.06, and may terminate 
7.19 	any prior variance. If the license holder prevails on the appeal and the effective period 
7.20 	of the previous license has expired a temporary provisional license is set to expire, a 
7.21 	new temporary provisional license shall be issued to the license holder upon payment of 
7.22 	any fee required under section 245A.10. The effective date of the new license shall be 
7.23 	retroactive to the date the license would have shown had no sanction been initiated. The 
7.24 	expiration date shall be the expiration date of that license had no license sanction been 
7.25 	initiated. The temporary provisional license shall expire on the date the final order is 
7.26 	issued. If the license holder prevails on the appeal, a new nonprovisional license shall 
7.27 	be issued for the remainder of the current license period.
7.28 	(c) If a license holder is under investigation and the license is due to expire 
7.29 	before completion of the investigation, the program shall be issued a new license upon 
7.30 	completion of the reapplication requirements and payment of any applicable license fee. 
7.31 	Upon completion of the investigation, a licensing sanction may be imposed against the 
7.32 	new license under this section, section 245A.06, or 245A.08.
7.33 	(d) Failure to reapply or closure of a license by the license holder prior to the 
7.34 	completion of any investigation shall not preclude the commissioner from issuing a 
7.35 	licensing sanction under this section, section 245A.06, or 245A.08 at the conclusion 
7.36 	of the investigation.

8.1 	Sec. 5. Minnesota Statutes 2008, section 245A.07, subdivision 2a, is amended to read:
8.2 		Subd. 2a.Immediate suspension expedited hearing. (a) Within five working days 
8.3 	of receipt of the license holder's timely appeal, the commissioner shall request assignment 
8.4 	of an administrative law judge. The request must include a proposed date, time, and place 
8.5 	of a hearing. A hearing must be conducted by an administrative law judge within 30 
8.6 	calendar days of the request for assignment, unless an extension is requested by either 
8.7 	party and granted by the administrative law judge for good cause. The commissioner shall 
8.8 	issue a notice of hearing by certified mail or personal service at least ten working days 
8.9 	before the hearing. The scope of the hearing shall be limited solely to the issue of whether 
8.10 	the temporary immediate suspension should remain in effect pending the commissioner's 
8.11 	final order under section 245A.08, regarding a licensing sanction issued under subdivision 
8.12 	3 following the immediate suspension. The burden of proof in expedited hearings under 
8.13 	this subdivision shall be limited to the commissioner's demonstration that reasonable 
8.14 	cause exists to believe that the license holder's actions or failure to comply with applicable 
8.15 	law or rule poses, or if the actions of other individuals or conditions in the program poses 
8.16 	an imminent risk of harm to the health, safety, or rights of persons served by the program. 
8.17 	"Reasonable cause" means there exist specific articulable facts or circumstances which 
8.18 	provide the commissioner with a reasonable suspicion that there is an imminent risk of 
8.19 	harm to the health, safety, or rights of persons served by the program. 
8.20 	(b) The administrative law judge shall issue findings of fact, conclusions, and a 
8.21 	recommendation within ten working days from the date of hearing. The parties shall have 
8.22 	ten calendar days to submit exceptions to the administrative law judge's report. The 
8.23 	record shall close at the end of the ten-day period for submission of exceptions. The 
8.24 	commissioner's final order shall be issued within ten working days from the close of the 
8.25 	record. Within 90 calendar days after a final order affirming an immediate suspension, the 
8.26 	commissioner shall make a determination regarding whether a final licensing sanction 
8.27 	shall be issued under subdivision 3. The license holder shall continue to be prohibited 
8.28 	from operation of the program during this 90-day period.
8.29 	(c) When the final order under paragraph (b) affirms an immediate suspension, and a 
8.30 	final licensing sanction is issued under subdivision 3 and the license holder appeals that 
8.31 	sanction, the license holder continues to be prohibited from operation of the program 
8.32 	pending a final commissioner's order under section 245A.08, subdivision 5, regarding the 
8.33 	final licensing sanction. 

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

9.1 	Sec. 6. Minnesota Statutes 2009 Supplement, section 245A.07, subdivision 3, is 
9.2 	amended to read:
9.3 		Subd. 3.License suspension, revocation, or fine. (a) The commissioner may 
9.4 	suspend or revoke a license, or impose a fine if a license holder fails to comply fully with 
9.5 	applicable laws or rules, if a license holder, a controlling individual, or an individual 
9.6 	living in the household where the licensed services are provided or is otherwise subject 
9.7 	to a background study has a disqualification which has not been set aside under section 
9.8 	245C.22, or if a license holder knowingly withholds relevant information from or gives 
9.9 	false or misleading information to the commissioner in connection with an application 
9.10 	for a license, in connection with the background study status of an individual, during an 
9.11 	investigation, or regarding compliance with applicable laws or rules. A license holder 
9.12 	who has had a license suspended, revoked, or has been ordered to pay a fine must be 
9.13 	given notice of the action by certified mail or personal service. If mailed, the notice 
9.14 	must be mailed to the address shown on the application or the last known address of the 
9.15 	license holder. The notice must state the reasons the license was suspended, revoked, or 
9.16 	a fine was ordered.
9.17 	(b) If the license was suspended or revoked, the notice must inform the license 
9.18 	holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 
9.19 	1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking 
9.20 	a license. The appeal of an order suspending or revoking a license must be made in writing 
9.21 	by certified mail or personal service. If mailed, the appeal must be postmarked and sent to 
9.22 	the commissioner within ten calendar days after the license holder receives notice that the 
9.23 	license has been suspended or revoked. If a request is made by personal service, it must be 
9.24 	received by the commissioner within ten calendar days after the license holder received 
9.25 	the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits 
9.26 	a timely appeal of an order suspending or revoking a license, the license holder may 
9.27 	continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs 
9.28 	(g) and (h), until the commissioner issues a final order on the suspension or revocation.
9.29 	(c)(1) If the license holder was ordered to pay a fine, the notice must inform the 
9.30 	license holder of the responsibility for payment of fines and the right to a contested case 
9.31 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal 
9.32 	of an order to pay a fine must be made in writing by certified mail or personal service. If 
9.33 	mailed, the appeal must be postmarked and sent to the commissioner within ten calendar 
9.34 	days after the license holder receives notice that the fine has been ordered. If a request is 
9.35 	made by personal service, it must be received by the commissioner within ten calendar 
9.36 	days after the license holder received the order.
10.1 	(2) The license holder shall pay the fines assessed on or before the payment date 
10.2 	specified. If the license holder fails to fully comply with the order, the commissioner 
10.3 	may issue a second fine or suspend the license until the license holder complies. If the 
10.4 	license holder receives state funds, the state, county, or municipal agencies or departments 
10.5 	responsible for administering the funds shall withhold payments and recover any payments 
10.6 	made while the license is suspended for failure to pay a fine. A timely appeal shall stay 
10.7 	payment of the fine until the commissioner issues a final order.
10.8 	(3) A license holder shall promptly notify the commissioner of human services, 
10.9 	in writing, when a violation specified in the order to forfeit a fine is corrected. If upon 
10.10 	reinspection the commissioner determines that a violation has not been corrected as 
10.11 	indicated by the order to forfeit a fine, the commissioner may issue a second fine. The 
10.12 	commissioner shall notify the license holder by certified mail or personal service that a 
10.13 	second fine has been assessed. The license holder may appeal the second fine as provided 
10.14 	under this subdivision.
10.15 	(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for 
10.16 	each determination of maltreatment of a child under section 626.556 or the maltreatment 
10.17 	of a vulnerable adult under section 626.557 for which the license holder is determined 
10.18 	responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i), 
10.19 	or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each 
10.20 	occurrence of a violation of law or rule governing matters of health, safety, or supervision, 
10.21 	including but not limited to the provision of adequate staff-to-child or adult ratios, and 
10.22 	failure to comply with background study requirements under chapter 245C; and the license 
10.23 	holder shall forfeit $100 for each occurrence of a violation of law or rule other than those 
10.24 	subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence" means 
10.25 	each violation identified in the commissioner's fine order. Fines assessed against a license 
10.26 	holder that holds a license to provide the residential-based habilitation services, as defined 
10.27 	under section 245B.02, subdivision 20, and a license to provide foster care, may be 
10.28 	assessed against both licenses for the same occurrence, but the combined amount of the 
10.29 	fines shall not exceed the amount specified in this clause for that occurrence.
10.30 	(5) When a fine has been assessed, the license holder may not avoid payment by 
10.31 	closing, selling, or otherwise transferring the licensed program to a third party. In such an 
10.32 	event, the license holder will be personally liable for payment. In the case of a corporation, 
10.33 	each controlling individual is personally and jointly liable for payment.

11.1 	Sec. 7. Minnesota Statutes 2009 Supplement, section 245A.144, is amended to read:
11.2 	245A.144 SUDDEN INFANT DEATH AND SHAKEN BABY SYNDROME 
11.3 	FOR CHILD FOSTER CARE PROVIDERS.
11.4 	(a) Licensed child foster care providers that care for infants or children through five 
11.5 	years of age must document that before staff persons and caregivers assist in the care of 
11.6 	infants or children through five years of age, they are instructed on the standards in section 
11.7 	245A.1435 and receive training on reducing the risk of sudden infant death syndrome 
11.8 	and shaken baby syndrome for infants and young children. This section does not apply 
11.9 	to emergency relative foster care placement under section 245A.035. The training on 
11.10 	reducing the risk of sudden infant death syndrome and shaken baby syndrome may be 
11.11 	provided as:
11.12 	(1) orientation training to child foster care providers, who care for infants or children 
11.13 	through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or
11.14 	(2) in-service training to child foster care providers, who care for infants or children 
11.15 	through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.
11.16 	(b) Training required under this section must be at least one hour in length and must 
11.17 	be completed at least once every five years. At a minimum, the training must address the 
11.18 	risk factors related to sudden infant death syndrome and shaken baby syndrome, means 
11.19 	of reducing the risk of sudden infant death syndrome and shaken baby syndrome, and 
11.20 	license holder communication with parents regarding reducing the risk of sudden infant 
11.21 	death syndrome and shaken baby syndrome.
11.22 	(c) Training for child foster care providers must be approved by the county or private
11.23 	licensing agency and that is responsible for monitoring the child foster care provider 
11.24 	under section 245A.16. The approved training fulfills, in part, training required under 
11.25 	Minnesota Rules, part 2960.3070.

11.26 	Sec. 8. Minnesota Statutes 2008, section 245A.30, is amended to read:
11.27 	245A.30 LICENSING PROHIBITION FOR CERTAIN JUVENILE
11.28 	FACILITIES SERVING CHILDREN.
11.29 	The commissioner may not:
11.30 	(1) issue any license under Minnesota Rules, parts 9545.0905 to 9545.1125, this 
11.31 	chapter for the residential placement of juveniles children at a facility if the facility accepts 
11.32 	juveniles children who reside outside of Minnesota without an agreement with the entity 
11.33 	placing the juvenile child at the facility that obligates the entity to pay the educational and 
11.34 	medical expenses of the juvenile child; or
12.1 	(2) renew a license under Minnesota Rules, parts 9545.0905 to 9545.1125, this 
12.2 	chapter for the residential placement of juveniles children if the facility accepts juveniles
12.3 	children who reside outside of Minnesota without an agreement with the entity placing the 
12.4 	juvenile child at the facility that obligates the entity to pay the educational and medical 
12.5 	expenses of the juvenile child.

12.6 	Sec. 9. Minnesota Statutes 2009 Supplement, section 245A.50, subdivision 5, is 
12.7 	amended to read:
12.8 		Subd. 5.Sudden infant death syndrome and shaken baby syndrome training.
 12.9 	(a) License holders must document that before staff persons, caregivers, and helpers 
12.10 	assist in the care of infants, they are instructed on the standards in section 245A.1435 and 
12.11 	receive training on reducing the risk of sudden infant death syndrome. In addition, license 
12.12 	holders must document that before staff persons, caregivers, and helpers assist in the care 
12.13 	of infants and children under school age, they receive training on reducing the risk of 
12.14 	shaken baby syndrome. The training in this subdivision may be provided as initial training 
12.15 	under subdivision 1 or ongoing annual training under subdivision 7.
12.16 	(b) Sudden infant death syndrome reduction training required under this subdivision 
12.17 	must be at least one-half hour in length and must be completed at least once every five 
12.18 	years. At a minimum, the training must address the risk factors related to sudden infant 
12.19 	death syndrome, means of reducing the risk of sudden infant death syndrome in child 
12.20 	care, and license holder communication with parents regarding reducing the risk of 
12.21 	sudden infant death syndrome.
12.22 	(c) Shaken baby syndrome training required under this subdivision must be at 
12.23 	least one-half hour in length and must be completed at least once every five years. At a 
12.24 	minimum, the training must address the risk factors related to shaken baby syndrome, 
12.25 	means of reducing the risk of shaken baby syndrome in child care, and license holder 
12.26 	communication with parents regarding reducing the risk of shaken baby syndrome.
12.27 	(d) Training for family and group family child care providers must be approved 
12.28 	by the county licensing agency.
12.29 	(e) The commissioner shall make available for viewing by all licensed child care 
12.30 	providers a video presentation on the dangers associated with shaking infants and young 
12.31 	children. The video presentation shall be part of the initial and ongoing annual training of 
12.32 	licensed child care providers, caregivers, and helpers caring for children under school age. 
12.33 	The commissioner shall provide to child care providers and interested individuals, at cost, 
12.34 	copies of a video approved by the commissioner of health under section 144.574 on the 
12.35 	dangers associated with shaking infants and young children.

13.1 	Sec. 10. Minnesota Statutes 2008, section 245A.66, is amended to read:
13.2 	245A.66 REQUIREMENTS; MALTREATMENT OF MINORS.
13.3 		Subdivision 1.Internal review. Except for family child care settings and foster care 
13.4 	for children in the license holder's residence, license holders serving children shall:
13.5 	(1) establish and maintain policies and procedures to ensure that an internal review 
13.6 	is completed and that corrective action is taken if necessary to protect the health and 
13.7 	safety of children in care when the facility has reason to know that an internal or external 
13.8 	report of alleged or suspected maltreatment has been made. The review must include 
13.9 	an evaluation of whether: 
13.10 	(i) related policies and procedures were followed; 
13.11 	(ii) the policies and procedures were adequate; 
13.12 	(iii) there is a need for additional staff training; 
13.13 	(iv) the reported event is similar to past events with the children or the services 
13.14 	involved; and 
13.15 	(v) there is a need for corrective action by the license holder to protect the health and 
13.16 	safety of children in care.
13.17 	Based on the results of this review, the license holder must develop, document, and 
13.18 	implement a corrective action plan designed to correct current lapses and prevent future 
13.19 	lapses in performance by individuals or the license holder, if any;
13.20 	(2) identify the primary and secondary person or position who will ensure that, when 
13.21 	required, internal reviews are completed. The secondary person shall be involved when 
13.22 	there is reason to believe that the primary person was involved in the alleged or suspected 
13.23 	maltreatment; and
13.24 	(3) document that the internal review has been completed and provide documentation 
13.25 	showing the review was completed to the commissioner upon the commissioner's request. 
13.26 	The documentation provided to the commissioner by the license holder may consist of a 
13.27 	completed checklist that verifies completion of each of the requirements of the review.
13.28 		Subd. 2.Child care centers; risk reduction plan. (a) Child care centers licensed 
13.29 	under this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan 
13.30 	that assesses the general risks to children served by the child care center. The license 
13.31 	holder must establish procedures to minimize identified risks, train staff on the procedures, 
13.32 	and annually review the procedures.
13.33 	(b) The risk reduction plan must include an assessment of risk to children the center 
13.34 	serves or intends to serve based on the following:
14.1 	(1) an assessment of the risk presented by the vulnerability of the children served, 
14.2 	including an evaluation of the following factors: age, developmental functioning, and the 
14.3 	physical and emotional health of children the program serves or intends to serve;
14.4 	(2) an assessment of the risks presented by the physical plant where the licensed 
14.5 	services are provided, including an evaluation of the following factors: the condition and 
14.6 	design of the facility and its outdoor space, bathrooms, storage areas and accessibility of 
14.7 	medications and cleaning products that are harmful to children when children are not 
14.8 	supervised, doors where finger pinching may occur, and the existence of areas that are 
14.9 	difficult to supervise; and
14.10 	(3) an assessment of the risks presented by the environment for each facility and 
14.11 	for each site, including an evaluation of the following factors: the type of grounds and 
14.12 	terrain surrounding the building and the proximity to hazards, busy roads, and publicly 
14.13 	accessed businesses.
14.14 	(c) The risk reduction plan must include a statement of measures that will be taken 
14.15 	to minimize the risk of harm presented to children. At a minimum, the risk reduction 
14.16 	plan must address the following:
14.17 	(1) a general description of supervision, programming, and reference to the 
14.18 	policies and procedures developed and implemented to address the risks identified in the 
14.19 	assessment required under paragraph (b) related to the general population served, the 
14.20 	physical plant, and environment;
14.21 	(2) in addition to any program-specific risks identified in paragraph (b), the plan 
14.22 	must include or refer to policies and procedures developed and implemented to minimize 
14.23 	the risk of harm or injury to children, including:
14.24 	(i) closing children's fingers in doors, including cabinet doors;
14.25 	(ii) leaving children in the community without supervision;
14.26 	(iii) children leaving the facility without supervision;
14.27 	(iv) caregiver dislocation of children's elbows;
14.28 	(v) burns from hot food or beverages, whether served to children or being consumed 
14.29 	by caregivers, and the devices used to warm food and beverages;
14.30 	(vi) injuries from equipment, such as scissors and glue guns;
14.31 	(vii) sunburn;
14.32 	(viii) feeding children foods to which they are allergic;
14.33 	(ix) children falling from changing tables; and
14.34 	(x) children accessing dangerous items or chemicals or coming into contact with 
14.35 	residue from harmful cleaning products; and
14.36 	(3) the plan shall prohibit the accessibility of hazardous items to children.
15.1 		Subd. 3.Orientation to risk reduction plan and annual review of plan. (a) The 
15.2 	license holder shall ensure that all mandated reporters, as defined in section 626.556, 
15.3 	subdivision 3, who are under the control of the license holder, receive an orientation to 
15.4 	the risk reduction plan prior to first providing unsupervised direct contact services, as 
15.5 	defined in section 245C.02, subdivision 11, to children, not to exceed 14 days from the 
15.6 	first supervised direct contact, and annually thereafter.
15.7 	(b) The license holder must review the risk reduction plan annually. When 
15.8 	conducting the review, the license holder must consider incidents that have occurred in 
15.9 	the center since the last review, including:
15.10 	(1) the assessment factors in the plan;
15.11 	(2) the internal reviews conducted under this section, if any;
15.12 	(3) substantiated maltreatment findings, if any; and
15.13 	(4) incidents that caused injury or harm to a child, if any, that occurred since the 
15.14 	last review.
15.15 	Following any change to the risk reduction plan, the license holder must inform mandated 
15.16 	reporters, under the control of the license holder, of the changes in the risk reduction plan.

15.17 	Sec. 11. Minnesota Statutes 2008, section 245B.05, subdivision 7, is amended to read:
15.18 		Subd. 7.Reporting incidents. (a) The license holder must maintain information 
15.19 	about and report incidents under section 245B.02, subdivision 10, clauses (1) to (7), to the 
15.20 	consumer's legal representative, other licensed caregiver, if any, and case manager within 
15.21 	24 hours of the occurrence, or within 24 hours of receipt of the information unless the 
15.22 	incident has been reported by another license holder. An incident under section 245B.02, 
15.23 	subdivision 10, clause (8), must be reported as required under paragraph (c) unless the 
15.24 	incident has been reported by another license holder. 
15.25 	(b) When the incident involves more than one consumer, the license holder must 
15.26 	not disclose personally identifiable information about any other consumer when making 
15.27 	the report to each consumer's legal representative, other licensed caregiver, if any, and 
15.28 	case manager unless the license holder has the consent of a consumer or a consumer's 
15.29 	legal representative.
15.30 	(c) Within 24 hours of reporting maltreatment as required under section 626.556
15.31 	or 626.557, the license holder must inform the consumer's legal representative and case 
15.32 	manager of the report unless there is reason to believe that the legal representative or case 
15.33 	manager is involved in the suspected maltreatment. The information the license holder 
15.34 	must disclose is the nature of the activity or occurrence reported, the agency that receives 
16.1 	the report, and the telephone number of the Department of Human Services Licensing 
16.2 	Division. 
16.3 	(d) Except as provided in paragraph (e), death or serious injury of the consumer 
16.4 	must also be reported to the Department of Human Services Licensing Division and the 
16.5 	ombudsman, as required under sections 245.91 and 245.94, subdivision 2a. 
16.6 	(e) When a death or serious injury occurs in a facility certified as an intermediate 
16.7 	care facility for persons with developmental disabilities, the death or serious injury must 
16.8 	be reported to the Department of Health, Office of Health Facility Complaints, and the 
16.9 	ombudsman, as required under sections 245.91 and 245.94, subdivision 2a.

16.10 	Sec. 12. Minnesota Statutes 2008, section 245C.02, subdivision 18, is amended to read:
16.11 		Subd. 18.Serious maltreatment. (a) "Serious maltreatment" means sexual abuse, 
16.12 	maltreatment resulting in death, maltreatment neglect resulting in serious injury which 
16.13 	reasonably requires the care of a physician whether or not the care of a physician was 
16.14 	sought, or abuse resulting in serious injury.
16.15 	(b) For purposes of this definition, "care of a physician" is treatment received or 
16.16 	ordered by a physician, physician assistant, or nurse practitioner, but does not include:
16.17 	(1) diagnostic testing, assessment, or observation.;
16.18 	(2) the application of, recommendation to use, or prescription solely for a remedy 
16.19 	that is available over the counter without a prescription; or
16.20 	(3) a prescription solely for a topical antibiotic to treat burns when there is no 
16.21 	follow-up appointment.
16.22 	(c) For purposes of this definition, "abuse resulting in serious injury" means: bruises, 
16.23 	bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal 
16.24 	injuries; head injuries with loss of consciousness; extensive second-degree or third-degree 
16.25 	burns and other burns for which complications are present; extensive second-degree or 
16.26 	third-degree frostbite and other frostbite for which complications are present; irreversible 
16.27 	mobility or avulsion of teeth; injuries to the eyes; ingestion of foreign substances and 
16.28 	objects that are harmful; near drowning; and heat exhaustion or sunstroke.
16.29 	(d) Serious maltreatment includes neglect when it results in criminal sexual conduct 
16.30 	against a child or vulnerable adult.

16.31 	Sec. 13. Minnesota Statutes 2009 Supplement, section 245C.15, subdivision 2, is 
16.32 	amended to read:
16.33 		Subd. 2.15-year disqualification. (a) An individual is disqualified under section 
16.34 	245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, 
17.1 	if any, for the offense; and (2) the individual has committed a felony-level violation 
17.2 	of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 
17.3 	268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph 
17.4 	(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 
17.5 	609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231 
17.6 	(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth 
17.7 	degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a 
17.8 	vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of 
17.9 	drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment); 
17.10 	609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter 
17.11 	of an unborn child in the second degree); 609.267 (assault of an unborn child in the first 
17.12 	degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury 
17.13 	or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275 
17.14 	(attempt to coerce); 609.466 (medical assistance fraud); 609.495 (aiding an offender); 
17.15 	609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a 
17.16 	witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing 
17.17 	stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 
17.18 	609.535 (issuance of dishonored checks); 609.562 (arson in the second degree); 
17.19 	609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary 
17.20 	tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 
17.21 	609.631 (check forgery; offering a forged check); 609.635 (obtaining signature by 
17.22 	false pretense); 609.66 (dangerous weapons); 609.67 (machine guns and short-barreled 
17.23 	shotguns); 609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.82 
17.24 	(fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent 
17.25 	exposure), not involving a minor; repeat offenses under 617.241 (obscene materials and 
17.26 	performances; distribution and exhibition prohibited; penalty); 624.713 (certain persons 
17.27 	not to possess firearms); chapter 152 (drugs; controlled substance); or a felony-level 
17.28 	conviction involving alcohol or drug use.
17.29 	(b) An individual is disqualified under section 245C.14 if less than 15 years has 
17.30 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
17.31 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
17.32 	Statutes.
17.33 	(c) An individual is disqualified under section 245C.14 if less than 15 years has 
17.34 	passed since the individual's termination of the individual's parental rights under section 
17.35 	260C.301, subdivision 1, paragraph (b), or 3.
18.1 	(d) An individual is disqualified under section 245C.14 if less than 15 years has 
18.2 	passed since the discharge of the sentence imposed for an offense in any other state or 
18.3 	country, the elements of which are substantially similar to the elements of the offenses 
18.4 	listed in paragraph (a).
18.5 	(e) If the individual studied commits one of the offenses listed in paragraph (a), but 
18.6 	the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual 
18.7 	is disqualified but the disqualification look-back period for the offense is the period 
18.8 	applicable to the gross misdemeanor or misdemeanor disposition.
18.9 	(f) When a disqualification is based on a judicial determination other than a 
18.10 	conviction, the disqualification period begins from the date of the court order. When a 
18.11 	disqualification is based on an admission, the disqualification period begins from the 
18.12 	date of an admission in court. When a disqualification is based on an Alford Plea, the 
18.13 	disqualification period begins from the date the Alford Plea is entered in court. When 
18.14 	a disqualification is based on a preponderance of evidence of a disqualifying act, the 
18.15 	disqualification date begins from the date of the dismissal, the date of discharge of the 
18.16 	sentence imposed for a conviction for a disqualifying crime of similar elements, or the 
18.17 	date of the incident, whichever occurs last.

18.18 	EFFECTIVE DATE. This section is effective retroactively from May 22, 2009.

18.19 	Sec. 14. Minnesota Statutes 2009 Supplement, section 245C.20, is amended to read:
18.20 	245C.20 LICENSE HOLDER RECORD KEEPING.
18.21 		Subdivision 1.Background studies initiated by program. A licensed program 
18.22 	shall document the date the program initiates a background study under this chapter in the 
18.23 	program's personnel files. When a background study is completed under this chapter, a 
18.24 	licensed program shall maintain a notice that the study was undertaken and completed 
18.25 	in the program's personnel files. Except when background studies are initiated through 
18.26 	the commissioner's online system, if a licensed program has not received a response from 
18.27 	the commissioner under section 245C.17 within 45 days of initiation of the background 
18.28 	study request, the licensed program must contact the human services licensing division 
18.29 	to inquire about the status of the study. If a license holder initiates a background study 
18.30 	under the commissioner's online system, but the background study subject's name does 
18.31 	not appear in the list of active or recent studies initiated by that license holder, the 
18.32 	license holder must either contact the human services licensing division or resubmit the 
18.33 	background study information online for that individual.
19.1 		Subd. 2.Background studies initiated by others. When a license holder relies on 
19.2 	a background study initiated by a personnel pool agency, a temporary personnel agency, 
19.3 	an educational program, or a professional services agency for a person required to have a 
19.4 	background study completed under section 245C.03, the license holder must maintain a 
19.5 	copy of the background study results in the license holder's files.

19.6 	Sec. 15. Minnesota Statutes 2009 Supplement, section 245C.22, subdivision 7, is 
19.7 	amended to read:
19.8 		Subd. 7.Classification of certain data. (a) Notwithstanding section 13.46, upon 
19.9 	setting aside a disqualification under this section, the identity of the disqualified individual 
19.10 	who received the set-aside and the individual's disqualifying characteristics are public 
19.11 	data if the set-aside was:
19.12 	(1) for any disqualifying characteristic under section 245C.15, when the set-aside 
19.13 	relates to a child care center or a family child care provider licensed under chapter 245A; or
19.14 	(2) for a disqualifying characteristic under section 245C.15, subdivision 2.
19.15 	(b) Notwithstanding section 13.46, upon granting a variance to a license holder 
19.16 	under section 245C.30, the identity of the disqualified individual who is the subject of 
19.17 	the variance, the individual's disqualifying characteristics under section 245C.15, and the 
19.18 	terms of the variance are public data, when the variance:
19.19 	(1) is issued to a child care center or a family child care provider licensed under 
19.20 	chapter 245A; or
19.21 	(2) relates to an individual with a disqualifying characteristic under section 245C.15, 
19.22 	subdivision 2.
19.23 	(c) The identity of a disqualified individual and the reason for disqualification 
19.24 	remain private data when:
19.25 	(1) a disqualification is not set aside and no variance is granted, except as provided 
19.26 	under section 13.46, subdivision 4;
19.27 	(2) the data are not public under paragraph (a) or (b);
19.28 	(3) the disqualification is rescinded because the information relied upon to disqualify 
19.29 	the individual is incorrect; or
19.30 	(4) the disqualification relates to a license to provide relative child foster care. 
19.31 	As used in this clause, "relative" has the meaning given it under section 260C.007, 
19.32 	subdivision 27.; or
19.33 	(5) the disqualified individual is a household member of a licensed foster care 
19.34 	provider and:
20.1 	(i) the disqualified individual previously received foster care services from this 
20.2 	licensed foster care provider;
20.3 	(ii) the disqualified individual was subsequently adopted by this licensed foster 
20.4 	care provider; and
20.5 	(iii) the disqualifying act occurred before the adoption.
20.6 	(d) Licensed family child care providers and child care centers must provide notices 
20.7 	as required under section 245C.301.
20.8 	(e) Notwithstanding paragraphs (a) and (b), the identity of household members who 
20.9 	are the subject of a disqualification related set-aside or variance is not public data if: 
20.10 	(1) the household member resides in the residence where the family child care is 
20.11 	provided; 
20.12 	(2) the subject of the set-aside or variance is under the age of 18 years; and 
20.13 	(3) the set-aside or variance only relates to a disqualification under section 245C.15, 
20.14 	subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

20.15 	Sec. 16. Minnesota Statutes 2009 Supplement, section 626.556, subdivision 2, is 
20.16 	amended to read:
20.17 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
20.18 	given them unless the specific content indicates otherwise:
20.19 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
20.20 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
20.21 	child maltreatment report that does not allege substantial child endangerment. Family 
20.22 	assessment does not include a determination as to whether child maltreatment occurred 
20.23 	but does determine the need for services to address the safety of family members and the 
20.24 	risk of subsequent maltreatment.
20.25 	(b) "Investigation" means fact gathering related to the current safety of a child 
20.26 	and the risk of subsequent maltreatment that determines whether child maltreatment 
20.27 	occurred and whether child protective services are needed. An investigation must be used 
20.28 	when reports involve substantial child endangerment, and for reports of maltreatment in 
20.29 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
20.30 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
20.31 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
20.32 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
20.33 	(c) "Substantial child endangerment" means a person responsible for a child's care, 
20.34 	and in the case of sexual abuse includes a person who has a significant relationship to the 
20.35 	child as defined in section 609.341, or a person in a position of authority as defined in 
21.1 	section 609.341, who by act or omission commits or attempts to commit an act against a 
21.2 	child under their care that constitutes any of the following:
21.3 	(1) egregious harm as defined in section 260C.007, subdivision 14;
21.4 	(2) sexual abuse as defined in paragraph (d);
21.5 	(3) abandonment under section 260C.301, subdivision 2;
21.6 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
21.7 	child's physical or mental health, including a growth delay, which may be referred to as 
21.8 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
21.9 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
21.10 	609.195;
21.11 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
21.12 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
21.13 	609.223;
21.14 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
21.15 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
21.16 	(10) solicitation of children to engage in sexual conduct under section 609.352;
21.17 	(11) malicious punishment or neglect or endangerment of a child under section 
21.18 	609.377 or 609.378;
21.19 	(12) use of a minor in sexual performance under section 617.246; or
21.20 	(13) parental behavior, status, or condition which mandates that the county attorney 
21.21 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
21.22 	paragraph (a).
21.23 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
21.24 	child's care, by a person who has a significant relationship to the child, as defined in 
21.25 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
21.26 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
21.27 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
21.28 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
21.29 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
21.30 	abuse also includes any act which involves a minor which constitutes a violation of 
21.31 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
21.32 	threatened sexual abuse.
21.33 	(e) "Person responsible for the child's care" means (1) an individual functioning 
21.34 	within the family unit and having responsibilities for the care of the child such as a 
21.35 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
21.36 	functioning outside the family unit and having responsibilities for the care of the child 
22.1 	such as a teacher, school administrator, other school employees or agents, or other lawful 
22.2 	custodian of a child having either full-time or short-term care responsibilities including, 
22.3 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
22.4 	and coaching.
22.5 	(f) "Neglect" means the commission or omission of any of the acts specified under 
22.6 	clauses (1) to (9), other than by accidental means:
22.7 	(1) failure by a person responsible for a child's care to supply a child with necessary 
22.8 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
22.9 	mental health when reasonably able to do so;
22.10 	(2) failure to protect a child from conditions or actions that seriously endanger the 
22.11 	child's physical or mental health when reasonably able to do so, including a growth delay, 
22.12 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
22.13 	is due to parental neglect;
22.14 	(3) failure to provide for necessary supervision or child care arrangements 
22.15 	appropriate for a child after considering factors as the child's age, mental ability, physical 
22.16 	condition, length of absence, or environment, when the child is unable to care for the 
22.17 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
22.18 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
22.19 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
22.20 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
22.21 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
22.22 	because the child's parent, guardian, or other person responsible for the child's care in 
22.23 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
22.24 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
22.25 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
22.26 	if a lack of medical care may cause serious danger to the child's health. This section does 
22.27 	not impose upon persons, not otherwise legally responsible for providing a child with 
22.28 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
22.29 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
22.30 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
22.31 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
22.32 	delivery or the child at birth, or medical effects or developmental delays during the child's 
22.33 	first year of life that medically indicate prenatal exposure to a controlled substance;
22.34 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
23.1 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
23.2 	person responsible for the care of the child that adversely affects the child's basic needs 
23.3 	and safety; or
23.4 	(9) emotional harm from a pattern of behavior which contributes to impaired 
23.5 	emotional functioning of the child which may be demonstrated by a substantial and 
23.6 	observable effect in the child's behavior, emotional response, or cognition that is not 
23.7 	within the normal range for the child's age and stage of development, with due regard to 
23.8 	the child's culture.
23.9 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
23.10 	inflicted by a person responsible for the child's care on a child other than by accidental 
23.11 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
23.12 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
23.13 	that have not been authorized under section 121A.67 or 245.825.
23.14 	Abuse does not include reasonable and moderate physical discipline of a child 
23.15 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
23.16 	not include the use of reasonable force by a teacher, principal, or school employee as 
23.17 	allowed by section 121A.582. Actions which are not reasonable and moderate include, 
23.18 	but are not limited to, any of the following that are done in anger or without regard to the 
23.19 	safety of the child:
23.20 	(1) throwing, kicking, burning, biting, or cutting a child;
23.21 	(2) striking a child with a closed fist;
23.22 	(3) shaking a child under age three;
23.23 	(4) striking or other actions which result in any nonaccidental injury to a child 
23.24 	under 18 months of age;
23.25 	(5) unreasonable interference with a child's breathing;
23.26 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
23.27 	(7) striking a child under age one on the face or head;
23.28 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
23.29 	substances which were not prescribed for the child by a practitioner, in order to control or 
23.30 	punish the child; or other substances that substantially affect the child's behavior, motor 
23.31 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
23.32 	child to medical procedures that would be unnecessary if the child were not exposed 
23.33 	to the substances;
23.34 	(9) unreasonable physical confinement or restraint not permitted under section 
23.35 	609.379, including but not limited to tying, caging, or chaining; or
24.1 	(10) in a school facility or school zone, an act by a person responsible for the child's 
24.2 	care that is a violation under section 121A.58.
24.3 	(h) "Report" means any report received by the local welfare agency, police 
24.4 	department, county sheriff, or agency responsible for assessing or investigating 
24.5 	maltreatment pursuant to this section.
24.6 	(i) "Facility" means:
24.7 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
24.8 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
24.9 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
24.10 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
24.11 	124D.10; or
24.12 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
24.13 	subdivision 16, and 256B.0625, subdivision 19a.
24.14 	(j) "Operator" means an operator or agency as defined in section 245A.02.
24.15 	(k) "Commissioner" means the commissioner of human services.
24.16 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
24.17 	not limited to employee assistance counseling and the provision of guardian ad litem and 
24.18 	parenting time expeditor services.
24.19 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
24.20 	stability of a child as evidenced by an observable or substantial impairment in the child's 
24.21 	ability to function within a normal range of performance and behavior with due regard to 
24.22 	the child's culture.
24.23 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
24.24 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
24.25 	injury includes, but is not limited to, exposing a child to a person responsible for the 
24.26 	child's care, as defined in paragraph (e), clause (1), who has:
24.27 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
24.28 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
24.29 	similar law of another jurisdiction;
24.30 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
24.31 	(4), or a similar law of another jurisdiction;
24.32 	(3) committed an act that has resulted in an involuntary termination of parental rights 
24.33 	under section 260C.301, or a similar law of another jurisdiction; or
24.34 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
24.35 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
24.36 	paragraph (d), clause (1), or a similar law of another jurisdiction.
25.1 	(o) Persons who conduct assessments or investigations under this section shall take 
25.2 	into account accepted child-rearing practices of the culture in which a child participates 
25.3 	and accepted teacher discipline practices, which are not injurious to the child's health, 
25.4 	welfare, and safety.
25.5 	(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 
25.6 	occurrence or event which:
25.7 	(1) is not likely to occur and could not have been prevented by exercise of due 
25.8 	care; and
25.9 	(2) if occurring while a child is receiving services from a facility, happens when the 
25.10 	facility and the employee or person providing services in the facility are in compliance 
25.11 	with the laws and rules relevant to the occurrence or event.
25.12 	(q) "Nonmaltreatment mistake" means:
25.13 	(1) at the time of the incident, the individual was performing duties identified in the 
25.14 	center's child care program plan required under Minnesota Rules, part 9503.0045;
25.15 	(2) the individual has not been determined responsible for a similar incident that 
25.16 	resulted in a finding of maltreatment for at least seven years;
25.17 	(3) the individual has not been determined to have committed a similar 
25.18 	nonmaltreatment mistake under this paragraph for at least four years;
25.19 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
25.20 	remedies that are available over the counter, whether ordered by a medical professional or 
25.21 	not; and
25.22 	(5) except for the period when the incident occurred, the facility and the individual 
25.23 	providing services were both in compliance with all licensing requirements relevant to the 
25.24 	incident.
25.25 	This definition only applies to child care centers licensed under Minnesota Rules, 
25.26 	chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantial 
25.27 	maltreatment by the individual, the commissioner of human services shall determine that 
25.28 	a nonmaltreatment mistake was made by the individual.

25.29 	Sec. 17. Minnesota Statutes 2009 Supplement, section 626.556, subdivision 10e, 
25.30 	is amended to read:
25.31 		Subd. 10e.Determinations. (a) The local welfare agency shall conclude the family 
25.32 	assessment or the investigation within 45 days of the receipt of a report. The conclusion of 
25.33 	the assessment or investigation may be extended to permit the completion of a criminal 
25.34 	investigation or the receipt of expert information requested within 45 days of the receipt 
25.35 	of the report.
26.1 	(b) After conducting a family assessment, the local welfare agency shall determine 
26.2 	whether services are needed to address the safety of the child and other family members 
26.3 	and the risk of subsequent maltreatment.
26.4 	(c) After conducting an investigation, the local welfare agency shall make two 
26.5 	determinations: first, whether maltreatment has occurred; and second, whether child 
26.6 	protective services are needed.
26.7 	(d) If the commissioner of education conducts an assessment or investigation, 
26.8 	the commissioner shall determine whether maltreatment occurred and what corrective 
26.9 	or protective action was taken by the school facility. If a determination is made that 
26.10 	maltreatment has occurred, the commissioner shall report to the employer, the school 
26.11 	board, and any appropriate licensing entity the determination that maltreatment occurred 
26.12 	and what corrective or protective action was taken by the school facility. In all other cases, 
26.13 	the commissioner shall inform the school board or employer that a report was received, 
26.14 	the subject of the report, the date of the initial report, the category of maltreatment alleged 
26.15 	as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 
26.16 	of the specific reasons for the determination.
26.17 	(e) When maltreatment is determined in an investigation involving a facility, 
26.18 	the investigating agency shall also determine whether the facility or individual was 
26.19 	responsible, or whether both the facility and the individual were responsible for the 
26.20 	maltreatment using the mitigating factors in paragraph (i). Determinations under this 
26.21 	subdivision must be made based on a preponderance of the evidence and are private data 
26.22 	on individuals or nonpublic data as maintained by the commissioner of education.
26.23 	(f) For the purposes of this subdivision, "maltreatment" means any of the following 
26.24 	acts or omissions:
26.25 	(1) physical abuse as defined in subdivision 2, paragraph (g);
26.26 	(2) neglect as defined in subdivision 2, paragraph (f);
26.27 	(3) sexual abuse as defined in subdivision 2, paragraph (d);
26.28 	(4) mental injury as defined in subdivision 2, paragraph (m); or
26.29 	(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
26.30 	(g) For the purposes of this subdivision, a determination that child protective 
26.31 	services are needed means that the local welfare agency has documented conditions 
26.32 	during the assessment or investigation sufficient to cause a child protection worker, as 
26.33 	defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of 
26.34 	maltreatment if protective intervention is not provided and that the individuals responsible 
26.35 	for the child's care have not taken or are not likely to take actions to protect the child 
26.36 	from maltreatment or risk of maltreatment.
27.1 	(h) This subdivision does not mean that maltreatment has occurred solely because 
27.2 	the child's parent, guardian, or other person responsible for the child's care in good faith 
27.3 	selects and depends upon spiritual means or prayer for treatment or care of disease 
27.4 	or remedial care of the child, in lieu of medical care. However, if lack of medical care 
27.5 	may result in serious danger to the child's health, the local welfare agency may ensure 
27.6 	that necessary medical services are provided to the child.
27.7 	(i) When determining whether the facility or individual is the responsible party, or 
27.8 	whether both the facility and the individual are responsible for determined maltreatment in 
27.9 	a facility, the investigating agency shall consider at least the following mitigating factors:
27.10 	(1) whether the actions of the facility or the individual caregivers were according to, 
27.11 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
27.12 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
27.13 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
27.14 	directive or knew or should have known of the errors and took no reasonable measures to 
27.15 	correct the defect before administering care;
27.16 	(2) comparative responsibility between the facility, other caregivers, and 
27.17 	requirements placed upon an employee, including the facility's compliance with related 
27.18 	regulatory standards and the adequacy of facility policies and procedures, facility training, 
27.19 	an individual's participation in the training, the caregiver's supervision, and facility staffing 
27.20 	levels and the scope of the individual employee's authority and discretion; and
27.21 	(3) whether the facility or individual followed professional standards in exercising 
27.22 	professional judgment.
27.23 	The evaluation of the facility's responsibility under clause (2) must not be based on the 
27.24 	completeness of the risk assessment or risk reduction plan required under section 245A.66, 
27.25 	but must be based on the facility's compliance with the regulatory standards for polices and 
27.26 	procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules.
27.27 	(j) Notwithstanding paragraph (i), when maltreatment is determined to have been 
27.28 	committed by an individual who is also the facility license holder, both the individual and 
27.29 	the facility must be determined responsible for the maltreatment, and both the background 
27.30 	study disqualification standards under section 245C.15, subdivision 4, and the licensing 
27.31 	actions under sections 245A.06 or 245A.07 apply.
27.32 	(k) Individual counties may implement more detailed definitions or criteria that 
27.33 	indicate which allegations to investigate, as long as a county's policies are consistent 
27.34 	with the definitions in the statutes and rules and are approved by the county board. Each 
27.35 	local welfare agency shall periodically inform mandated reporters under subdivision 3 
28.1 	who work in the county of the definitions of maltreatment in the statutes and rules and any 
28.2 	additional definitions or criteria that have been approved by the county board.

28.3 	Sec. 18.  REPEALER.
 28.4 	Minnesota Rules, part 2500.5000, is repealed.