1.1A bill for an act1.2relating to human services; making changes to licensing provisions; modifying 1.3background study requirements, disqualifications, and data classification; 1.4making changes to juvenile proceedings; modifying juvenile records and 1.5offenses; allowing a set aside or variance to disqualification; requiring child care 1.6centers to develop risk management plans;amending Minnesota Statutes 2008, 1.7sections 144A.071, subdivision 4c; 245A.07, subdivision 2a; 245A.30; 245A.66; 1.8245B.05, subdivision 7; 245C.02, subdivision 18; 609A.02, subdivision 2; 1.9609A.03, subdivisions 1, 2, 4, 5, 5a, 7; Minnesota Statutes 2009 Supplement, 1.10sections 245A.03, subdivision 2; 245A.04, subdivisions 5, 7; 245A.07, 1.11subdivisions 1, 3; 245A.144; 245A.50, subdivision 5; 245C.15, subdivision 2; 1.12245C.20; 245C.22, subdivision 7; 245C.24, subdivision 2; 626.556, subdivisions 1.132, 10e; repealing Minnesota Rules, part 2500.5000.1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.15ARTICLE 11.16LICENSING1.17    Section 1. Minnesota Statutes 2008, section 144A.071, subdivision 4c, is amended to 1.18read:1.19    Subd. 4c.  Exceptions for replacement beds after June 30, 2003. (a) The 1.20commissioner of health, in coordination with the commissioner of human services, may 1.21approve the renovation, replacement, upgrading, or relocation of a nursing home or 1.22boarding care home, under the following conditions: 1.23    (1) to license and certify an 80-bed city-owned facility in Nicollet County to be 1.24constructed on the site of a new city-owned hospital to replace an existing 85-bed facility 1.25attached to a hospital that is also being replaced. The threshold allowed for this project 1.26under section 
         144A.073 shall be the maximum amount available to pay the additional 1.27medical assistance costs of the new facility; 2.1    (2) to license and certify 29 beds to be added to an existing 69-bed facility in St. 2.2Louis County, provided that the 29 beds must be transferred from active or layaway status 2.3at an existing facility in St. Louis County that had 235 beds on April 1, 2003. 2.4The licensed capacity at the 235-bed facility must be reduced to 206 beds, but the payment 2.5rate at that facility shall not be adjusted as a result of this transfer. The operating payment 2.6rate of the facility adding beds after completion of this project shall be the same as it was 2.7on the day prior to the day the beds are licensed and certified. This project shall not 2.8proceed unless it is approved and financed under the provisions of section 
         144A.073;  2.9    (3) to license and certify a new 60-bed facility in Austin, provided that: (i) 45 of 2.10the new beds are transferred from a 45-bed facility in Austin under common ownership 2.11that is closed and 15 of the new beds are transferred from a 182-bed facility in Albert Lea 2.12under common ownership; (ii) the commissioner of human services is authorized by the 2.132004 legislature to negotiate budget-neutral planned nursing facility closures; and (iii) 2.14money is available from planned closures of facilities under common ownership to make 2.15implementation of this clause budget-neutral to the state. The bed capacity of the Albert 2.16Lea facility shall be reduced to 167 beds following the transfer. Of the 60 beds at the 2.17new facility, 20 beds shall be used for a special care unit for persons with Alzheimer's 2.18disease or related dementias; 2.19    (4) to license and certify up to 80 beds transferred from an existing state-owned 2.20nursing facility in Cass County to a new facility located on the grounds of the 2.21Ah-Gwah-Ching campus. The operating cost payment rates for the new facility shall be 2.22determined based on the interim and settle-up payment provisions of Minnesota Rules, 2.23part 
         9549.0057, and the reimbursement provisions of section 
         256B.431. The property 2.24payment rate for the first three years of operation shall be $35 per day. For subsequent 2.25years, the property payment rate of $35 per day shall be adjusted for inflation as provided 2.26in section 
         256B.434, subdivision 4, paragraph (c), as long as the facility has a contract 2.27under section 
         256B.434; and2.28    (5) to initiate a pilot program to license and certify up to 80 beds transferred from 2.29an existing county-owned nursing facility in Steele County relocated to the site of a new 2.30acute care facility as part of the county's Communities for a Lifetime comprehensive plan 2.31to create innovative responses to the aging of its population. Upon relocation to the new 2.32site, the nursing facility shall delicense 28 beds. The property payment rate for the first 2.33three years of operation of the new facility shall be increased by an amount as calculated 2.34according to items (i) to (v): 3.1    (i) compute the estimated decrease in medical assistance residents served by the 3.2nursing facility by multiplying the decrease in licensed beds by the historical percentage 3.3of medical assistance resident days; 3.4    (ii) compute the annual savings to the medical assistance program from the 3.5delicensure of 28 beds by multiplying the anticipated decrease in medical assistance 3.6residents, determined in item (i), by the existing facility's weighted average payment rate 3.7multiplied by 365; 3.8    (iii) compute the anticipated annual costs for community-based services by 3.9multiplying the anticipated decrease in medical assistance residents served by the nursing 3.10facility, determined in item (i), by the average monthly elderly waiver service costs for 3.11individuals in Steele County multiplied by 12; 3.12    (iv) subtract the amount in item (iii) from the amount in item (ii); 3.13    (v) divide the amount in item (iv) by an amount equal to the relocated nursing 3.14facility's occupancy factor under section 
         256B.431, subdivision 3f, paragraph (c), 3.15multiplied by the historical percentage of medical assistance resident days. 3.16    For subsequent years, the adjusted property payment rate shall be adjusted for 3.17inflation as provided in section 
         256B.434, subdivision 4, paragraph (c), as long as the 3.18facility has a contract under section 
         256B.434.; and3.19(6) to consolidate and relocate nursing facility beds to a new site in Goodhue County 3.20and to integrate these services with other community-based programs and services under a 3.21communities for a lifetime pilot program and comprehensive plan to create innovative 3.22responses to the aging of its population. Eighty beds in the city of Red Wing shall be 3.23transferred from the downsizing and relocation of an existing 84-bed, hospital-owned 3.24nursing facility and the entire closure or downsizing of beds from a 65-bed nonprofit 3.25nursing facility in the community resulting in the delicensure of 69 beds in the two 3.26existing facilities. Notwithstanding the carryforward of the approval authority in section 3.27144A.073, subdivision 11, the funding approved in April 2009 by the commissioner of 3.28health for a project in Goodhue County shall not carry forward. The closure of the 69 beds 3.29shall not be eligible for a planned closure rate adjustment under section 256B.437. The 3.30construction project permitted in this clause shall not be eligible for a threshold project 3.31rate adjustment under section 256B.434, subdivision 4f. The property payment rate for 3.32the first three years of operation of the new facility shall be increased by an amount as 3.33calculated according to items (i) to (vi):3.34(i) compute the estimated decrease in medical assistance residents served by both 3.35nursing facilities by multiplying the difference between the occupied beds of the two 3.36nursing facilities for the reporting year ending September 30, 2009, and the projected 4.1occupancy of the facility at 95 percent occupancy by the historical percentage of medical 4.2assistance resident days;4.3(ii) compute the annual savings to the medical assistance program from the 4.4delicensure by multiplying the anticipated decrease in the medical assistance residents, 4.5determined in item (i), by the hospital-owned nursing facility weighted average payment 4.6rate multiplied by 365;4.7(iii) compute the anticipated annual costs for community-based services by 4.8multiplying the anticipated decrease in medical assistance residents served by the 4.9facilities, determined in item (i), by the average monthly elderly waiver service costs for 4.10individuals in Goodhue County multiplied by 12;4.11(iv) subtract the amount in item (iii) from the amount in item (ii);4.12(v) multiply the amount in item (iv) by 57 percent; and4.13(vi) divide the difference of the amount in item (iv) and the amount in item (v) by an 4.14amount equal to the relocated nursing facility's occupancy factor under section 256B.431, 4.15subdivision 3f, paragraph (c), multiplied by the historical percentage of medical assistance 4.16resident days.4.17For subsequent years, the adjusted property payment rate shall be adjusted for 4.18inflation as provided in section 256B.434, subdivision 4, paragraph (c), as long as the 4.19facility has a contract under section 256B.434.4.20    (b) Projects approved under this subdivision shall be treated in a manner equivalent 4.21to projects approved under subdivision 4a.4.22    Sec. 2. Minnesota Statutes 2009 Supplement, section 245A.03, subdivision 2, is 4.23amended to read:4.24    Subd. 2. Exclusion from licensure. (a) This chapter does not apply to:4.25    (1) residential or nonresidential programs that are provided to a person by an 4.26individual who is related unless the residential program is a child foster care placement 4.27made by a local social services agency or a licensed child-placing agency, except as 4.28provided in subdivision 2a;4.29    (2) nonresidential programs that are provided by an unrelated individual to persons 4.30from a single related family;4.31    (3) residential or nonresidential programs that are provided to adults who do 4.32not abuse chemicals or who do not have a chemical dependency, a mental illness, a 4.33developmental disability, a functional impairment, or a physical disability;4.34    (4) sheltered workshops or work activity programs that are certified by the 4.35commissioner of employment and economic development;5.1    (5) programs operated by a public school for children 33 months or older;5.2    (6) nonresidential programs primarily for children that provide care or supervision 5.3for periods of less than three hours a day while the child's parent or legal guardian is in 5.4the same building as the nonresidential program or present within another building that is 5.5directly contiguous to the building in which the nonresidential program is located;5.6    (7) nursing homes or hospitals licensed by the commissioner of health except as 5.7specified under section 
         245A.02;5.8    (8) board and lodge facilities licensed by the commissioner of health that do not5.9provide services for five or more persons whose primary diagnosis is mental illness that do 5.10not provide intensive residential treatment children's residential services under Minnesota 5.11Rules, chapter 2960, mental health or chemical dependency treatment;5.12    (9) homes providing programs for persons placed by a county or a licensed agency 5.13for legal adoption, unless the adoption is not completed within two years;5.14    (10) programs licensed by the commissioner of corrections;5.15    (11) recreation programs for children or adults that are operated or approved by a 5.16park and recreation board whose primary purpose is to provide social and recreational 5.17activities;5.18    (12) programs operated by a school as defined in section 
         120A.22, subdivision 4; 5.19YMCA as defined in section 
         315.44; YWCA as defined in section 
         315.44; or JCC as 5.20defined in section 
         315.51, whose primary purpose is to provide child care or services to 5.21school-age children;5.22    (13) Head Start nonresidential programs which operate for less than 45 days in 5.23each calendar year;5.24    (14) noncertified boarding care homes unless they provide services for five or more 5.25persons whose primary diagnosis is mental illness or a developmental disability;5.26    (15) programs for children such as scouting, boys clubs, girls clubs, and sports and 5.27art programs, and nonresidential programs for children provided for a cumulative total of 5.28less than 30 days in any 12-month period;5.29    (16) residential programs for persons with mental illness, that are located in hospitals;5.30    (17) the religious instruction of school-age children; Sabbath or Sunday schools; or 5.31the congregate care of children by a church, congregation, or religious society during the 5.32period used by the church, congregation, or religious society for its regular worship;5.33    (18) camps licensed by the commissioner of health under Minnesota Rules, chapter 5.344630;5.35    (19) mental health outpatient services for adults with mental illness or children 5.36with emotional disturbance;6.1    (20) residential programs serving school-age children whose sole purpose is cultural 6.2or educational exchange, until the commissioner adopts appropriate rules;6.3    (21) unrelated individuals who provide out-of-home respite care services to persons 6.4with developmental disabilities from a single related family for no more than 90 days in a 6.512-month period and the respite care services are for the temporary relief of the person's 6.6family or legal representative;6.7    (22) respite care services provided as a home and community-based service to a 6.8person with a developmental disability, in the person's primary residence;6.9    (23) community support services programs as defined in section 
         245.462, subdivision 6.106
         , and family community support services as defined in section 
         245.4871, subdivision 17;6.11    (24) the placement of a child by a birth parent or legal guardian in a preadoptive 6.12home for purposes of adoption as authorized by section 
         259.47;6.13    (25) settings registered under chapter 144D which provide home care services 6.14licensed by the commissioner of health to fewer than seven adults;6.15    (26) chemical dependency or substance abuse treatment activities of licensed 6.16professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart 6.1715, when the treatment activities are not paid for by the consolidated chemical dependency 6.18treatment fund;6.19(27) consumer-directed community support service funded under the Medicaid 6.20waiver for persons with developmental disabilities when the individual who provided 6.21the service is:6.22    (i) the same individual who is the direct payee of these specific waiver funds or paid 6.23by a fiscal agent, fiscal intermediary, or employer of record; and6.24    (ii) not otherwise under the control of a residential or nonresidential program that is 6.25required to be licensed under this chapter when providing the service; or6.26    (28) a program serving only children who are age 33 months or older, that is 6.27operated by a nonpublic school, for no more than four hours per day per child, with no 6.28more than 20 children at any one time, and that is accredited by:6.29    (i) an accrediting agency that is formally recognized by the commissioner of 6.30education as a nonpublic school accrediting organization; or6.31    (ii) an accrediting agency that requires background studies and that receives and 6.32investigates complaints about the services provided.6.33    A program that asserts its exemption from licensure under item (ii) shall, upon 6.34request from the commissioner, provide the commissioner with documentation from the 6.35accrediting agency that verifies: that the accreditation is current; that the accrediting 7.1agency investigates complaints about services; and that the accrediting agency's standards 7.2require background studies on all people providing direct contact services.7.3    (b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a 7.4building in which a nonresidential program is located if it shares a common wall with the 7.5building in which the nonresidential program is located or is attached to that building by 7.6skyway, tunnel, atrium, or common roof.7.7    (c) Nothing in this chapter shall be construed to require licensure for any services 7.8provided and funded according to an approved federal waiver plan where licensure is 7.9specifically identified as not being a condition for the services and funding.7.10    Sec. 3. Minnesota Statutes 2009 Supplement, section 245A.04, subdivision 5, is 7.11amended to read:7.12    Subd. 5. Commissioner's right of access. When the commissioner is exercising 7.13the powers conferred by this chapter and sections 
         245.69, 
         626.556, and 
         626.557, the 7.14commissioner must be given access to the physical plant and grounds where the program 7.15is provided, documents and records, including records maintained in electronic format, 7.16persons served by the program, and staff whenever the program is in operation and the 7.17information is relevant to inspections or investigations conducted by the commissioner. 7.18The commissioner must be given access without prior notice and as often as the 7.19commissioner considers necessary if the commissioner is conducting an investigation 7.20of allegations of investigating alleged maltreatment or other, conducting a licensing 7.21inspection, or investigating an alleged violation of applicable laws or rules. In conducting 7.22inspections, the commissioner may request and shall receive assistance from other state, 7.23county, and municipal governmental agencies and departments. The applicant or license 7.24holder shall allow the commissioner to photocopy, photograph, and make audio and video 7.25tape recordings during the inspection of the program at the commissioner's expense. The 7.26commissioner shall obtain a court order or the consent of the subject of the records or the 7.27parents or legal guardian of the subject before photocopying hospital medical records. 7.28Persons served by the program have the right to refuse to consent to be interviewed, 7.29photographed, or audio or videotaped. Failure or refusal of an applicant or license holder 7.30to fully comply with this subdivision is reasonable cause for the commissioner to deny the 7.31application or immediately suspend or revoke the license.7.32    Sec. 4. Minnesota Statutes 2009 Supplement, section 245A.04, subdivision 7, is 7.33amended to read:8.1    Subd. 7. Grant of license; license extension. (a) If the commissioner determines 8.2that the program complies with all applicable rules and laws, the commissioner shall issue 8.3a license. At minimum, the license shall state:8.4(1) the name of the license holder;8.5(2) the address of the program;8.6(3) the effective date and expiration date of the license;8.7(4) the type of license;8.8(5) the maximum number and ages of persons that may receive services from the 8.9program; and8.10(6) any special conditions of licensure.8.11(b) The commissioner may issue an initial license for a period not to exceed two 8.12years if:8.13(1) the commissioner is unable to conduct the evaluation or observation required 8.14by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet 8.15operational;8.16(2) certain records and documents are not available because persons are not yet 8.17receiving services from the program; and8.18(3) the applicant complies with applicable laws and rules in all other respects.8.19(c) A decision by the commissioner to issue a license does not guarantee that any 8.20person or persons will be placed or cared for in the licensed program. A license shall not 8.21be transferable to another individual, corporation, partnership, voluntary association, other 8.22organization, or controlling individual or to another location.8.23(d) A license holder must notify the commissioner and obtain the commissioner's 8.24approval before making any changes that would alter the license information listed under 8.25paragraph (a).8.26(e) Except as provided in paragraphs (g) and (h), the commissioner shall not issue or 8.27reissue a license if the applicant, license holder, or controlling individual has:8.28(1) been disqualified and the disqualification was not set aside and no variance has 8.29been granted;8.30(2) has been denied a license within the past two years; 8.31(3) had a license revoked within the past five years; or8.32(4) has an outstanding debt related to a license fee, licensing fine, or settlement 8.33agreement for which payment is delinquent.8.34When a license is revoked under clause (1) or (3), the license holder and controlling 8.35individual may not hold any license under chapter 245A or 245B for five years following 9.1the revocation, and other licenses held by the applicant, license holder, or controlling 9.2individual shall also be revoked.9.3(f) The commissioner shall not issue or reissue a license if an individual living in 9.4the household where the licensed services will be provided as specified under section 9.5245C.03, subdivision 1
         , has been disqualified and the disqualification has not been set 9.6aside and no variance has been granted.9.7(g) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license has 9.8been suspended or revoked and the suspension or revocation is under appeal, the program 9.9may continue to operate pending a final order from the commissioner. If the license under 9.10suspension or revocation will expire before a final order is issued, a temporary provisional 9.11license may be issued provided any applicable license fee is paid before the temporary 9.12provisional license is issued.9.13(h) Notwithstanding paragraph (g), when a revocation is based on the disqualification 9.14of a controlling individual or license holder, and the controlling individual or license holder 9.15is ordered under section 245C.17 to be immediately removed from direct contact with 9.16persons receiving services or is ordered to be under continuous, direct supervision when 9.17providing direct contact services, the program may continue to operate only if the program 9.18complies with the order and submits documentation demonstrating compliance with the 9.19order. If the disqualified individual fails to submit a timely request for reconsideration, or 9.20if the disqualification is not set aside and no variance is granted, the order to immediately 9.21remove the individual from direct contact or to be under continuous, direct supervision 9.22remains in effect pending the outcome of a hearing and final order from the commissioner.9.23(g) (i) For purposes of reimbursement for meals only, under the Child and Adult Care 9.24Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, 9.25part 226, relocation within the same county by a licensed family day care provider, shall 9.26be considered an extension of the license for a period of no more than 30 calendar days or 9.27until the new license is issued, whichever occurs first, provided the county agency has 9.28determined the family day care provider meets licensure requirements at the new location.9.29(h) (j) Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the 9.30day after the expiration date stated on the license. A license holder must apply for and 9.31be granted a new license to operate the program or the program must not be operated 9.32after the expiration date.9.33(k) The commissioner shall not issue or reissue a license if it has been determined that 9.34a tribal licensing authority has established jurisdiction to license the program or service.9.35EFFECTIVE DATE.This section is effective the day following final enactment.10.1    Sec. 5. Minnesota Statutes 2009 Supplement, section 245A.07, subdivision 1, is 10.2amended to read:10.3    Subdivision 1. Sanctions; appeals; license. (a) In addition to making a license 10.4conditional under section 
         245A.06, the commissioner may suspend or revoke the license, 10.5impose a fine, or secure an injunction against the continuing operation of the program of a 10.6license holder who does not comply with applicable law or rule. When applying sanctions 10.7authorized under this section, the commissioner shall consider the nature, chronicity, or 10.8severity of the violation of law or rule and the effect of the violation on the health, safety, 10.9or rights of persons served by the program.10.10(b) If a license holder appeals the suspension or revocation of a license and the 10.11license holder continues to operate the program pending a final order on the appeal, and 10.12the license expires during this time period, the commissioner shall issue the license holder 10.13a temporary provisional license. The temporary provisional license is effective on the date 10.14issued and expires on the date that a final order is issued. Unless otherwise specified by the 10.15commissioner, variances in effect on the date of the license sanction under appeal continue 10.16under the temporary provisional license. If a license holder fails to comply with applicable 10.17law or rule while operating under a temporary provisional license, the commissioner may 10.18impose additional sanctions under this section and section 
         245A.06, and may terminate 10.19any prior variance. If the license holder prevails on the appeal and the effective period 10.20of the previous license has expired a temporary provisional license is set to expire, a 10.21new temporary provisional license shall be issued to the license holder upon payment of 10.22any fee required under section 
         245A.10. The effective date of the new license shall be 10.23retroactive to the date the license would have shown had no sanction been initiated. The 10.24expiration date shall be the expiration date of that license had no license sanction been 10.25initiated. The temporary provisional license shall expire on the date the final order is 10.26issued. If the license holder prevails on the appeal, a new nonprovisional license shall 10.27be issued for the remainder of the current license period.10.28(c) If a license holder is under investigation and the license is due to expire 10.29before completion of the investigation, the program shall be issued a new license upon 10.30completion of the reapplication requirements and payment of any applicable license fee. 10.31Upon completion of the investigation, a licensing sanction may be imposed against the 10.32new license under this section, section 
         245A.06, or 
         245A.08.10.33(d) Failure to reapply or closure of a license by the license holder prior to the 10.34completion of any investigation shall not preclude the commissioner from issuing a 10.35licensing sanction under this section, section 
         245A.06, or 
         245A.08 at the conclusion 10.36of the investigation.11.1    Sec. 6. Minnesota Statutes 2008, section 245A.07, subdivision 2a, is amended to read:11.2    Subd. 2a. Immediate suspension expedited hearing. (a) Within five working days 11.3of receipt of the license holder's timely appeal, the commissioner shall request assignment 11.4of an administrative law judge. The request must include a proposed date, time, and place 11.5of a hearing. A hearing must be conducted by an administrative law judge within 30 11.6calendar days of the request for assignment, unless an extension is requested by either 11.7party and granted by the administrative law judge for good cause. The commissioner shall 11.8issue a notice of hearing by certified mail or personal service at least ten working days 11.9before the hearing. The scope of the hearing shall be limited solely to the issue of whether 11.10the temporary immediate suspension should remain in effect pending the commissioner's 11.11final order under section 
         245A.08, regarding a licensing sanction issued under subdivision 11.123 following the immediate suspension. The burden of proof in expedited hearings under 11.13this subdivision shall be limited to the commissioner's demonstration that reasonable 11.14cause exists to believe that the license holder's actions or failure to comply with applicable 11.15law or rule poses, or if the actions of other individuals or conditions in the program poses 11.16an imminent risk of harm to the health, safety, or rights of persons served by the program. 11.17"Reasonable cause" means there exist specific articulable facts or circumstances which 11.18provide the commissioner with a reasonable suspicion that there is an imminent risk of 11.19harm to the health, safety, or rights of persons served by the program. 11.20    (b) The administrative law judge shall issue findings of fact, conclusions, and a 11.21recommendation within ten working days from the date of hearing. The parties shall have 11.22ten calendar days to submit exceptions to the administrative law judge's report. The 11.23record shall close at the end of the ten-day period for submission of exceptions. The 11.24commissioner's final order shall be issued within ten working days from the close of the 11.25record. Within 90 calendar days after a final order affirming an immediate suspension, the 11.26commissioner shall make a determination regarding whether a final licensing sanction 11.27shall be issued under subdivision 3. The license holder shall continue to be prohibited 11.28from operation of the program during this 90-day period.11.29    (c) When the final order under paragraph (b) affirms an immediate suspension, and a 11.30final licensing sanction is issued under subdivision 3 and the license holder appeals that 11.31sanction, the license holder continues to be prohibited from operation of the program 11.32pending a final commissioner's order under section 
         245A.08, subdivision 5, regarding the 11.33final licensing sanction. 11.34EFFECTIVE DATE.This section is effective the day following final enactment.12.1    Sec. 7. Minnesota Statutes 2009 Supplement, section 245A.07, subdivision 3, is 12.2amended to read:12.3    Subd. 3. License suspension, revocation, or fine. (a) The commissioner may 12.4suspend or revoke a license, or impose a fine if a license holder fails to comply fully with 12.5applicable laws or rules, if a license holder, a controlling individual, or an individual 12.6living in the household where the licensed services are provided or is otherwise subject 12.7to a background study has a disqualification which has not been set aside under section 12.8245C.22
         , or if a license holder knowingly withholds relevant information from or gives 12.9false or misleading information to the commissioner in connection with an application 12.10for a license, in connection with the background study status of an individual, during an 12.11investigation, or regarding compliance with applicable laws or rules. A license holder 12.12who has had a license suspended, revoked, or has been ordered to pay a fine must be 12.13given notice of the action by certified mail or personal service. If mailed, the notice 12.14must be mailed to the address shown on the application or the last known address of the 12.15license holder. The notice must state the reasons the license was suspended, revoked, or 12.16a fine was ordered.12.17    (b) If the license was suspended or revoked, the notice must inform the license 12.18holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 12.191400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking 12.20a license. The appeal of an order suspending or revoking a license must be made in writing 12.21by certified mail or personal service. If mailed, the appeal must be postmarked and sent to 12.22the commissioner within ten calendar days after the license holder receives notice that the 12.23license has been suspended or revoked. If a request is made by personal service, it must be 12.24received by the commissioner within ten calendar days after the license holder received 12.25the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits 12.26a timely appeal of an order suspending or revoking a license, the license holder may 12.27continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs 12.28(g) and (h), until the commissioner issues a final order on the suspension or revocation.12.29    (c)(1) If the license holder was ordered to pay a fine, the notice must inform the 12.30license holder of the responsibility for payment of fines and the right to a contested case 12.31hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal 12.32of an order to pay a fine must be made in writing by certified mail or personal service. If 12.33mailed, the appeal must be postmarked and sent to the commissioner within ten calendar 12.34days after the license holder receives notice that the fine has been ordered. If a request is 12.35made by personal service, it must be received by the commissioner within ten calendar 12.36days after the license holder received the order.13.1    (2) The license holder shall pay the fines assessed on or before the payment date 13.2specified. If the license holder fails to fully comply with the order, the commissioner 13.3may issue a second fine or suspend the license until the license holder complies. If the 13.4license holder receives state funds, the state, county, or municipal agencies or departments 13.5responsible for administering the funds shall withhold payments and recover any payments 13.6made while the license is suspended for failure to pay a fine. A timely appeal shall stay 13.7payment of the fine until the commissioner issues a final order.13.8    (3) A license holder shall promptly notify the commissioner of human services, 13.9in writing, when a violation specified in the order to forfeit a fine is corrected. If upon 13.10reinspection the commissioner determines that a violation has not been corrected as 13.11indicated by the order to forfeit a fine, the commissioner may issue a second fine. The 13.12commissioner shall notify the license holder by certified mail or personal service that a 13.13second fine has been assessed. The license holder may appeal the second fine as provided 13.14under this subdivision.13.15    (4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for 13.16each determination of maltreatment of a child under section 
         626.556 or the maltreatment 13.17of a vulnerable adult under section 
         626.557 for which the license holder is determined 13.18responsible for the maltreatment under section 
         626.556, subdivision 10e, paragraph (i), 13.19or 
         626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each 13.20occurrence of a violation of law or rule governing matters of health, safety, or supervision, 13.21including but not limited to the provision of adequate staff-to-child or adult ratios, and 13.22failure to comply with background study requirements under chapter 245C; and the license 13.23holder shall forfeit $100 for each occurrence of a violation of law or rule other than those 13.24subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence" means 13.25each violation identified in the commissioner's fine order. Fines assessed against a license 13.26holder that holds a license to provide the residential-based habilitation services, as defined 13.27under section 
         245B.02, subdivision 20, and a license to provide foster care, may be 13.28assessed against both licenses for the same occurrence, but the combined amount of the 13.29fines shall not exceed the amount specified in this clause for that occurrence.13.30    (5) When a fine has been assessed, the license holder may not avoid payment by 13.31closing, selling, or otherwise transferring the licensed program to a third party. In such an 13.32event, the license holder will be personally liable for payment. In the case of a corporation, 13.33each controlling individual is personally and jointly liable for payment.14.1    Sec. 8. Minnesota Statutes 2009 Supplement, section 245A.144, is amended to read:14.2245A.144 SUDDEN INFANT DEATH AND SHAKEN BABY SYNDROME 14.3FOR CHILD FOSTER CARE PROVIDERS.14.4    (a) Licensed child foster care providers that care for infants or children through five 14.5years of age must document that before staff persons and caregivers assist in the care of 14.6infants or children through five years of age, they are instructed on the standards in section 14.7245A.1435
          and receive training on reducing the risk of sudden infant death syndrome 14.8and shaken baby syndrome for infants and young children. This section does not apply 14.9to emergency relative foster care placement under section 
         245A.035. The training on 14.10reducing the risk of sudden infant death syndrome and shaken baby syndrome may be 14.11provided as:14.12    (1) orientation training to child foster care providers, who care for infants or children 14.13through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or14.14    (2) in-service training to child foster care providers, who care for infants or children 14.15through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.14.16    (b) Training required under this section must be at least one hour in length and must 14.17be completed at least once every five years. At a minimum, the training must address the 14.18risk factors related to sudden infant death syndrome and shaken baby syndrome, means 14.19of reducing the risk of sudden infant death syndrome and shaken baby syndrome, and 14.20license holder communication with parents regarding reducing the risk of sudden infant 14.21death syndrome and shaken baby syndrome.14.22    (c) Training for child foster care providers must be approved by the county or private14.23licensing agency and that is responsible for monitoring the child foster care provider 14.24under section 245A.16. The approved training fulfills, in part, training required under 14.25Minnesota Rules, part 2960.3070.14.26    Sec. 9. Minnesota Statutes 2008, section 245A.30, is amended to read:14.27245A.30 LICENSING PROHIBITION FOR CERTAIN JUVENILE14.28FACILITIES SERVING CHILDREN.14.29The commissioner may not:14.30(1) issue any license under Minnesota Rules, parts 9545.0905 to 9545.1125, this 14.31chapter for the residential placement of juveniles children at a facility if the facility accepts 14.32juveniles children who reside outside of Minnesota without an agreement with the entity 14.33placing the juvenile child at the facility that obligates the entity to pay the educational and 14.34medical expenses of the juvenile child; or15.1(2) renew a license under Minnesota Rules, parts 9545.0905 to 9545.1125, this 15.2chapter for the residential placement of juveniles children if the facility accepts juveniles15.3children who reside outside of Minnesota without an agreement with the entity placing the 15.4juvenile child at the facility that obligates the entity to pay the educational and medical 15.5expenses of the juvenile child.15.6    Sec. 10. Minnesota Statutes 2009 Supplement, section 245A.50, subdivision 5, is 15.7amended to read:15.8    Subd. 5. Sudden infant death syndrome and shaken baby syndrome training.15.9    (a) License holders must document that before staff persons, caregivers, and helpers 15.10assist in the care of infants, they are instructed on the standards in section 
         245A.1435 and 15.11receive training on reducing the risk of sudden infant death syndrome. In addition, license 15.12holders must document that before staff persons, caregivers, and helpers assist in the care 15.13of infants and children under school age, they receive training on reducing the risk of 15.14shaken baby syndrome. The training in this subdivision may be provided as initial training 15.15under subdivision 1 or ongoing annual training under subdivision 7.15.16    (b) Sudden infant death syndrome reduction training required under this subdivision 15.17must be at least one-half hour in length and must be completed at least once every five 15.18years. At a minimum, the training must address the risk factors related to sudden infant 15.19death syndrome, means of reducing the risk of sudden infant death syndrome in child 15.20care, and license holder communication with parents regarding reducing the risk of 15.21sudden infant death syndrome.15.22    (c) Shaken baby syndrome training required under this subdivision must be at 15.23least one-half hour in length and must be completed at least once every five years. At a 15.24minimum, the training must address the risk factors related to shaken baby syndrome, 15.25means of reducing the risk of shaken baby syndrome in child care, and license holder 15.26communication with parents regarding reducing the risk of shaken baby syndrome.15.27(d) Training for family and group family child care providers must be approved 15.28by the county licensing agency.15.29    (e) The commissioner shall make available for viewing by all licensed child care 15.30providers a video presentation on the dangers associated with shaking infants and young 15.31children. The video presentation shall be part of the initial and ongoing annual training of 15.32licensed child care providers, caregivers, and helpers caring for children under school age. 15.33The commissioner shall provide to child care providers and interested individuals, at cost, 15.34copies of a video approved by the commissioner of health under section 
         144.574 on the 15.35dangers associated with shaking infants and young children.16.1    Sec. 11. Minnesota Statutes 2008, section 245A.66, is amended to read:16.2245A.66 REQUIREMENTS; MALTREATMENT OF MINORS.16.3    Subdivision 1.Internal review. Except for family child care settings and foster care 16.4for children in the license holder's residence, license holders serving children shall:16.5    (1) establish and maintain policies and procedures to ensure that an internal review 16.6is completed and that corrective action is taken if necessary to protect the health and 16.7safety of children in care when the facility has reason to know that an internal or external 16.8report of alleged or suspected maltreatment has been made. The review must include 16.9an evaluation of whether: 16.10    (i) related policies and procedures were followed; 16.11    (ii) the policies and procedures were adequate; 16.12    (iii) there is a need for additional staff training; 16.13    (iv) the reported event is similar to past events with the children or the services 16.14involved; and 16.15    (v) there is a need for corrective action by the license holder to protect the health and 16.16safety of children in care.16.17    Based on the results of this review, the license holder must develop, document, and 16.18implement a corrective action plan designed to correct current lapses and prevent future 16.19lapses in performance by individuals or the license holder, if any;16.20    (2) identify the primary and secondary person or position who will ensure that, when 16.21required, internal reviews are completed. The secondary person shall be involved when 16.22there is reason to believe that the primary person was involved in the alleged or suspected 16.23maltreatment; and16.24    (3) document that the internal review has been completed and provide documentation 16.25showing the review was completed to the commissioner upon the commissioner's request. 16.26The documentation provided to the commissioner by the license holder may consist of a 16.27completed checklist that verifies completion of each of the requirements of the review.16.28    Subd. 2.Child care centers; risk reduction plan.(a) Child care centers licensed 16.29under this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan 16.30that assesses the general risks to children served by the child care center. The license 16.31holder must establish procedures to minimize identified risks, train staff on the procedures, 16.32and annually review the procedures.16.33(b) The risk reduction plan must include an assessment of risk to children the center 16.34serves or intends to serve based on the following:17.1(1) an assessment of the risk presented by the vulnerability of the children served, 17.2including an evaluation of the following factors: age, developmental functioning, and the 17.3physical and emotional health of children the program serves or intends to serve;17.4(2) an assessment of the risks presented by the physical plant where the licensed 17.5services are provided, including an evaluation of the following factors: the condition and 17.6design of the facility and its outdoor space, bathrooms, storage areas and accessibility of 17.7medications and cleaning products that are harmful to children when children are not 17.8supervised, doors where finger pinching may occur, and the existence of areas that are 17.9difficult to supervise; and17.10(3) an assessment of the risks presented by the environment for each facility and 17.11for each site, including an evaluation of the following factors: the type of grounds and 17.12terrain surrounding the building and the proximity to hazards, busy roads, and publicly 17.13accessed businesses.17.14(c) The risk reduction plan must include a statement of measures that will be taken 17.15to minimize the risk of harm presented to children. At a minimum, the risk reduction 17.16plan must address the following:17.17(1) a general description of supervision, programming, and reference to the 17.18policies and procedures developed and implemented to address the risks identified in the 17.19assessment required under paragraph (b) related to the general population served, the 17.20physical plant, and environment;17.21(2) in addition to any program-specific risks identified in paragraph (b), the plan 17.22must include or refer to policies and procedures developed and implemented to minimize 17.23the risk of harm or injury to children, including:17.24(i) closing children's fingers in doors, including cabinet doors;17.25(ii) leaving children in the community without supervision;17.26(iii) children leaving the facility without supervision;17.27(iv) caregiver dislocation of children's elbows;17.28(v) burns from hot food or beverages, whether served to children or being consumed 17.29by caregivers, and the devices used to warm food and beverages;17.30(vi) injuries from equipment, such as scissors and glue guns;17.31(vii) sunburn;17.32(viii) feeding children foods to which they are allergic;17.33(ix) children falling from changing tables; and17.34(x) children accessing dangerous items or chemicals or coming into contact with 17.35residue from harmful cleaning products; and17.36(3) the plan shall prohibit the accessibility of hazardous items to children.18.1    Subd. 3.Orientation to risk reduction plan and annual review of plan.(a) The 18.2license holder shall ensure that all mandated reporters, as defined in section 626.556, 18.3subdivision 3, who are under the control of the license holder, receive an orientation to 18.4the risk reduction plan prior to first providing unsupervised direct contact services, as 18.5defined in section 245C.02, subdivision 11, to children, not to exceed 14 days from the 18.6first supervised direct contact, and annually thereafter.18.7(b) The license holder must review the risk reduction plan annually. When 18.8conducting the review, the license holder must consider incidents that have occurred in 18.9the center since the last review, including:18.10(1) the assessment factors in the plan;18.11(2) the internal reviews conducted under this section, if any;18.12(3) substantiated maltreatment findings, if any; and18.13(4) incidents that caused injury or harm to a child, if any, that occurred since the 18.14last review.18.15Following any change to the risk reduction plan, the license holder must inform mandated 18.16reporters, under the control of the license holder, of the changes in the risk reduction plan.18.17    Sec. 12. Minnesota Statutes 2008, section 245B.05, subdivision 7, is amended to read:18.18    Subd. 7. Reporting incidents. (a) The license holder must maintain information 18.19about and report incidents under section 
         245B.02, subdivision 10, clauses (1) to (7), to the 18.20consumer's legal representative, other licensed caregiver, if any, and case manager within 18.2124 hours of the occurrence, or within 24 hours of receipt of the information unless the 18.22incident has been reported by another license holder. An incident under section 
         245B.02, 18.23subdivision 10
         , clause (8), must be reported as required under paragraph (c) unless the 18.24incident has been reported by another license holder. 18.25(b) When the incident involves more than one consumer, the license holder must 18.26not disclose personally identifiable information about any other consumer when making 18.27the report to each consumer's legal representative, other licensed caregiver, if any, and 18.28case manager unless the license holder has the consent of a consumer or a consumer's 18.29legal representative.18.30(c) Within 24 hours of reporting maltreatment as required under section 
         626.55618.31or 
         626.557, the license holder must inform the consumer's legal representative and case 18.32manager of the report unless there is reason to believe that the legal representative or case 18.33manager is involved in the suspected maltreatment. The information the license holder 18.34must disclose is the nature of the activity or occurrence reported, the agency that receives 19.1the report, and the telephone number of the Department of Human Services Licensing 19.2Division. 19.3(d) Except as provided in paragraph (e), death or serious injury of the consumer 19.4must also be reported to the Department of Human Services Licensing Division and the 19.5ombudsman, as required under sections 
         245.91 and 
         245.94, subdivision 2a. 19.6(e) When a death or serious injury occurs in a facility certified as an intermediate 19.7care facility for persons with developmental disabilities, the death or serious injury must 19.8be reported to the Department of Health, Office of Health Facility Complaints, and the 19.9ombudsman, as required under sections 245.91 and 245.94, subdivision 2a.19.10    Sec. 13. Minnesota Statutes 2008, section 245C.02, subdivision 18, is amended to read:19.11    Subd. 18. Serious maltreatment. (a) "Serious maltreatment" means sexual abuse, 19.12maltreatment resulting in death, maltreatment neglect resulting in serious injury which 19.13reasonably requires the care of a physician whether or not the care of a physician was 19.14sought, or abuse resulting in serious injury.19.15(b) For purposes of this definition, "care of a physician" is treatment received or 19.16ordered by a physician, physician assistant, or nurse practitioner, but does not include:19.17(1) diagnostic testing, assessment, or observation.;19.18(2) the application of, recommendation to use, or prescription solely for a remedy 19.19that is available over the counter without a prescription; or19.20(3) a prescription solely for a topical antibiotic to treat burns when there is no 19.21follow-up appointment.19.22(c) For purposes of this definition, "abuse resulting in serious injury" means: bruises, 19.23bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal 19.24injuries; head injuries with loss of consciousness; extensive second-degree or third-degree 19.25burns and other burns for which complications are present; extensive second-degree or 19.26third-degree frostbite and other frostbite for which complications are present; irreversible 19.27mobility or avulsion of teeth; injuries to the eyes; ingestion of foreign substances and 19.28objects that are harmful; near drowning; and heat exhaustion or sunstroke.19.29(d) Serious maltreatment includes neglect when it results in criminal sexual conduct 19.30against a child or vulnerable adult.19.31    Sec. 14. Minnesota Statutes 2009 Supplement, section 245C.15, subdivision 2, is 19.32amended to read:19.33    Subd. 2. 15-year disqualification. (a) An individual is disqualified under section 19.34245C.14
          if: (1) less than 15 years have passed since the discharge of the sentence imposed, 20.1if any, for the offense; and (2) the individual has committed a felony-level violation 20.2of any of the following offenses: sections 
         256.98 (wrongfully obtaining assistance); 20.3268.182
          (false representation; concealment of facts); 
         393.07, subdivision 10, paragraph 20.4(c) (federal Food Stamp Program fraud); 
         609.165 (felon ineligible to possess firearm); 20.5609.21
          (criminal vehicular homicide and injury); 
         609.215 (suicide); 
         609.223 or 
         609.2231 20.6(assault in the third or fourth degree); repeat offenses under 
         609.224 (assault in the fifth 20.7degree); 
         609.229 (crimes committed for benefit of a gang); 
         609.2325 (criminal abuse of a 20.8vulnerable adult); 
         609.2335 (financial exploitation of a vulnerable adult); 
         609.235 (use of 20.9drugs to injure or facilitate crime); 
         609.24 (simple robbery); 
         609.255 (false imprisonment); 20.10609.2664
          (manslaughter of an unborn child in the first degree); 
         609.2665 (manslaughter 20.11of an unborn child in the second degree); 
         609.267 (assault of an unborn child in the first 20.12degree); 
         609.2671 (assault of an unborn child in the second degree); 
         609.268 (injury 20.13or death of an unborn child in the commission of a crime); 
         609.27 (coercion); 
         609.275 20.14(attempt to coerce); 
         609.466 (medical assistance fraud); 
         609.495 (aiding an offender); 20.15609.498, subdivision 1
          or 1b (aggravated first-degree or first-degree tampering with a 20.16witness); 
         609.52 (theft); 
         609.521 (possession of shoplifting gear); 
         609.525 (bringing 20.17stolen goods into Minnesota); 
         609.527 (identity theft); 
         609.53 (receiving stolen property); 20.18609.535
          (issuance of dishonored checks); 
         609.562 (arson in the second degree); 20.19609.563
          (arson in the third degree); 
         609.582 (burglary); 
         609.59 (possession of burglary 20.20tools); 
         609.611 (insurance fraud); 
         609.625 (aggravated forgery); 
         609.63 (forgery); 20.21609.631
          (check forgery; offering a forged check); 
         609.635 (obtaining signature by 20.22false pretense); 
         609.66 (dangerous weapons); 
         609.67 (machine guns and short-barreled 20.23shotguns); 
         609.687 (adulteration); 
         609.71 (riot); 
         609.713 (terroristic threats); 
         609.82 20.24(fraud in obtaining credit); 
         609.821 (financial transaction card fraud); 
         617.23 (indecent 20.25exposure), not involving a minor; repeat offenses under 
         617.241 (obscene materials and 20.26performances; distribution and exhibition prohibited; penalty); 
         624.713 (certain persons 20.27not to possess firearms); chapter 152 (drugs; controlled substance); or a felony-level 20.28conviction involving alcohol or drug use.20.29    (b) An individual is disqualified under section 
         245C.14 if less than 15 years has 20.30passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 20.31of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 20.32Statutes.20.33    (c) An individual is disqualified under section 
         245C.14 if less than 15 years has 20.34passed since the individual's termination of the individual's parental rights under section 20.35260C.301, subdivision 1, paragraph (b), or 3.21.1    (d) An individual is disqualified under section 
         245C.14 if less than 15 years has 21.2passed since the discharge of the sentence imposed for an offense in any other state or 21.3country, the elements of which are substantially similar to the elements of the offenses 21.4listed in paragraph (a).21.5    (e) If the individual studied commits one of the offenses listed in paragraph (a), but 21.6the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual 21.7is disqualified but the disqualification look-back period for the offense is the period 21.8applicable to the gross misdemeanor or misdemeanor disposition.21.9    (f) When a disqualification is based on a judicial determination other than a 21.10conviction, the disqualification period begins from the date of the court order. When a 21.11disqualification is based on an admission, the disqualification period begins from the 21.12date of an admission in court. When a disqualification is based on an Alford Plea, the 21.13disqualification period begins from the date the Alford Plea is entered in court. When 21.14a disqualification is based on a preponderance of evidence of a disqualifying act, the 21.15disqualification date begins from the date of the dismissal, the date of discharge of the 21.16sentence imposed for a conviction for a disqualifying crime of similar elements, or the 21.17date of the incident, whichever occurs last.21.18EFFECTIVE DATE.This section is effective retroactively from May 22, 2009.21.19    Sec. 15. Minnesota Statutes 2009 Supplement, section 245C.20, is amended to read:21.20245C.20 LICENSE HOLDER RECORD KEEPING.21.21    Subdivision 1.Background studies initiated by program. A licensed program 21.22shall document the date the program initiates a background study under this chapter in the 21.23program's personnel files. When a background study is completed under this chapter, a 21.24licensed program shall maintain a notice that the study was undertaken and completed 21.25in the program's personnel files. Except when background studies are initiated through 21.26the commissioner's online system, if a licensed program has not received a response from 21.27the commissioner under section 
         245C.17 within 45 days of initiation of the background 21.28study request, the licensed program must contact the human services licensing division 21.29to inquire about the status of the study. If a license holder initiates a background study 21.30under the commissioner's online system, but the background study subject's name does 21.31not appear in the list of active or recent studies initiated by that license holder, the 21.32license holder must either contact the human services licensing division or resubmit the 21.33background study information online for that individual.22.1    Subd. 2.Background studies initiated by others.When a license holder relies on 22.2a background study initiated by a personnel pool agency, a temporary personnel agency, 22.3an educational program, or a professional services agency for a person required to have a 22.4background study completed under section 245C.03, the license holder must maintain a 22.5copy of the background study results in the license holder's files.22.6    Sec. 16. Minnesota Statutes 2009 Supplement, section 245C.22, subdivision 7, is 22.7amended to read:22.8    Subd. 7. Classification of certain data. (a) Notwithstanding section 
         13.46, upon 22.9setting aside a disqualification under this section, the identity of the disqualified individual 22.10who received the set-aside and the individual's disqualifying characteristics are public 22.11data if the set-aside was:22.12(1) for any disqualifying characteristic under section 
         245C.15, when the set-aside 22.13relates to a child care center or a family child care provider licensed under chapter 245A; or22.14(2) for a disqualifying characteristic under section 
         245C.15, subdivision 2.22.15(b) Notwithstanding section 
         13.46, upon granting a variance to a license holder 22.16under section 
         245C.30, the identity of the disqualified individual who is the subject of 22.17the variance, the individual's disqualifying characteristics under section 
         245C.15, and the 22.18terms of the variance are public data, when the variance:22.19(1) is issued to a child care center or a family child care provider licensed under 22.20chapter 245A; or22.21(2) relates to an individual with a disqualifying characteristic under section 
         245C.15, 22.22subdivision 2
         .22.23(c) The identity of a disqualified individual and the reason for disqualification 22.24remain private data when:22.25(1) a disqualification is not set aside and no variance is granted, except as provided 22.26under section 
         13.46, subdivision 4;22.27(2) the data are not public under paragraph (a) or (b);22.28(3) the disqualification is rescinded because the information relied upon to disqualify 22.29the individual is incorrect; or22.30(4) the disqualification relates to a license to provide relative child foster care. 22.31As used in this clause, "relative" has the meaning given it under section 
         260C.007, 22.32subdivision 27
         .; or22.33(5) the disqualified individual is a household member of a licensed foster care 22.34provider and:23.1(i) the disqualified individual previously received foster care services from this 23.2licensed foster care provider;23.3(ii) the disqualified individual was subsequently adopted by this licensed foster 23.4care provider; and23.5(iii) the disqualifying act occurred before the adoption.23.6(d) Licensed family child care providers and child care centers must provide notices 23.7as required under section 
         245C.301.23.8(e) Notwithstanding paragraphs (a) and (b), the identity of household members who 23.9are the subject of a disqualification related set-aside or variance is not public data if: 23.10(1) the household member resides in the residence where the family child care is 23.11provided; 23.12(2) the subject of the set-aside or variance is under the age of 18 years; and 23.13(3) the set-aside or variance only relates to a disqualification under section 
         245C.15, 23.14subdivision 4, for a misdemeanor-level theft crime as defined in section 
         609.52.23.15    Sec. 17. Minnesota Statutes 2009 Supplement, section 626.556, subdivision 2, is 23.16amended to read:23.17    Subd. 2. Definitions. As used in this section, the following terms have the meanings 23.18given them unless the specific content indicates otherwise:23.19    (a) "Family assessment" means a comprehensive assessment of child safety, risk 23.20of subsequent child maltreatment, and family strengths and needs that is applied to a 23.21child maltreatment report that does not allege substantial child endangerment. Family 23.22assessment does not include a determination as to whether child maltreatment occurred 23.23but does determine the need for services to address the safety of family members and the 23.24risk of subsequent maltreatment.23.25    (b) "Investigation" means fact gathering related to the current safety of a child 23.26and the risk of subsequent maltreatment that determines whether child maltreatment 23.27occurred and whether child protective services are needed. An investigation must be used 23.28when reports involve substantial child endangerment, and for reports of maltreatment in 23.29facilities required to be licensed under chapter 245A or 245B; under sections 
         144.50 to 23.30144.58
          and 
         241.021; in a school as defined in sections 
         120A.05, subdivisions 9, 11, and 23.3113, and 
         124D.10; or in a nonlicensed personal care provider association as defined in 23.32sections 
         256B.04, subdivision 16, and 
         256B.0625, subdivision 19a.23.33    (c) "Substantial child endangerment" means a person responsible for a child's care, 23.34and in the case of sexual abuse includes a person who has a significant relationship to the 23.35child as defined in section 
         609.341, or a person in a position of authority as defined in 24.1section 
         609.341, who by act or omission commits or attempts to commit an act against a 24.2child under their care that constitutes any of the following:24.3    (1) egregious harm as defined in section 
         260C.007, subdivision 14;24.4    (2) sexual abuse as defined in paragraph (d);24.5    (3) abandonment under section 
         260C.301, subdivision 2;24.6    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 24.7child's physical or mental health, including a growth delay, which may be referred to as 24.8failure to thrive, that has been diagnosed by a physician and is due to parental neglect;24.9    (5) murder in the first, second, or third degree under section 
         609.185, 
         609.19, or 24.10609.195
         ;24.11    (6) manslaughter in the first or second degree under section 
         609.20 or 
         609.205;24.12    (7) assault in the first, second, or third degree under section 
         609.221, 
         609.222, or 24.13609.223
         ;24.14    (8) solicitation, inducement, and promotion of prostitution under section 
         609.322;24.15    (9) criminal sexual conduct under sections 
         609.342 to 
         609.3451;24.16    (10) solicitation of children to engage in sexual conduct under section 
         609.352;24.17    (11) malicious punishment or neglect or endangerment of a child under section 24.18609.377
          or 
         609.378;24.19    (12) use of a minor in sexual performance under section 
         617.246; or24.20    (13) parental behavior, status, or condition which mandates that the county attorney 24.21file a termination of parental rights petition under section 
         260C.301, subdivision 3, 24.22paragraph (a).24.23    (d) "Sexual abuse" means the subjection of a child by a person responsible for the 24.24child's care, by a person who has a significant relationship to the child, as defined in 24.25section 
         609.341, or by a person in a position of authority, as defined in section 
         609.341, 24.26subdivision 10, to any act which constitutes a violation of section 
         609.342 (criminal sexual 24.27conduct in the first degree), 
         609.343 (criminal sexual conduct in the second degree), 24.28609.344
          (criminal sexual conduct in the third degree), 
         609.345 (criminal sexual conduct 24.29in the fourth degree), or 
         609.3451 (criminal sexual conduct in the fifth degree). Sexual 24.30abuse also includes any act which involves a minor which constitutes a violation of 24.31prostitution offenses under sections 
         609.321 to 
         609.324 or 
         617.246. Sexual abuse includes 24.32threatened sexual abuse.24.33    (e) "Person responsible for the child's care" means (1) an individual functioning 24.34within the family unit and having responsibilities for the care of the child such as a 24.35parent, guardian, or other person having similar care responsibilities, or (2) an individual 24.36functioning outside the family unit and having responsibilities for the care of the child 25.1such as a teacher, school administrator, other school employees or agents, or other lawful 25.2custodian of a child having either full-time or short-term care responsibilities including, 25.3but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 25.4and coaching.25.5    (f) "Neglect" means the commission or omission of any of the acts specified under 25.6clauses (1) to (9), other than by accidental means:25.7    (1) failure by a person responsible for a child's care to supply a child with necessary 25.8food, clothing, shelter, health, medical, or other care required for the child's physical or 25.9mental health when reasonably able to do so;25.10    (2) failure to protect a child from conditions or actions that seriously endanger the 25.11child's physical or mental health when reasonably able to do so, including a growth delay, 25.12which may be referred to as a failure to thrive, that has been diagnosed by a physician and 25.13is due to parental neglect;25.14    (3) failure to provide for necessary supervision or child care arrangements 25.15appropriate for a child after considering factors as the child's age, mental ability, physical 25.16condition, length of absence, or environment, when the child is unable to care for the 25.17child's own basic needs or safety, or the basic needs or safety of another child in their care;25.18    (4) failure to ensure that the child is educated as defined in sections 
         120A.22 and 25.19260C.163, subdivision 11
         , which does not include a parent's refusal to provide the parent's 25.20child with sympathomimetic medications, consistent with section 
         125A.091, subdivision 5;25.21    (5) nothing in this section shall be construed to mean that a child is neglected solely 25.22because the child's parent, guardian, or other person responsible for the child's care in 25.23good faith selects and depends upon spiritual means or prayer for treatment or care of 25.24disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 25.25or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 25.26if a lack of medical care may cause serious danger to the child's health. This section does 25.27not impose upon persons, not otherwise legally responsible for providing a child with 25.28necessary food, clothing, shelter, education, or medical care, a duty to provide that care;25.29    (6) prenatal exposure to a controlled substance, as defined in section 
         253B.02, 25.30subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 25.31symptoms in the child at birth, results of a toxicology test performed on the mother at 25.32delivery or the child at birth, or medical effects or developmental delays during the child's 25.33first year of life that medically indicate prenatal exposure to a controlled substance;25.34    (7) "medical neglect" as defined in section 
         260C.007, subdivision 6, clause (5);26.1    (8) chronic and severe use of alcohol or a controlled substance by a parent or 26.2person responsible for the care of the child that adversely affects the child's basic needs 26.3and safety; or26.4    (9) emotional harm from a pattern of behavior which contributes to impaired 26.5emotional functioning of the child which may be demonstrated by a substantial and 26.6observable effect in the child's behavior, emotional response, or cognition that is not 26.7within the normal range for the child's age and stage of development, with due regard to 26.8the child's culture.26.9    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 26.10inflicted by a person responsible for the child's care on a child other than by accidental 26.11means, or any physical or mental injury that cannot reasonably be explained by the child's 26.12history of injuries, or any aversive or deprivation procedures, or regulated interventions, 26.13that have not been authorized under section 
         121A.67 or 
         245.825.26.14    Abuse does not include reasonable and moderate physical discipline of a child 26.15administered by a parent or legal guardian which does not result in an injury. Abuse does 26.16not include the use of reasonable force by a teacher, principal, or school employee as 26.17allowed by section 
         121A.582. Actions which are not reasonable and moderate include, 26.18but are not limited to, any of the following that are done in anger or without regard to the 26.19safety of the child:26.20    (1) throwing, kicking, burning, biting, or cutting a child;26.21    (2) striking a child with a closed fist;26.22    (3) shaking a child under age three;26.23    (4) striking or other actions which result in any nonaccidental injury to a child 26.24under 18 months of age;26.25    (5) unreasonable interference with a child's breathing;26.26    (6) threatening a child with a weapon, as defined in section 
         609.02, subdivision 6;26.27    (7) striking a child under age one on the face or head;26.28    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 26.29substances which were not prescribed for the child by a practitioner, in order to control or 26.30punish the child; or other substances that substantially affect the child's behavior, motor 26.31coordination, or judgment or that results in sickness or internal injury, or subjects the 26.32child to medical procedures that would be unnecessary if the child were not exposed 26.33to the substances;26.34    (9) unreasonable physical confinement or restraint not permitted under section 26.35609.379
         , including but not limited to tying, caging, or chaining; or27.1    (10) in a school facility or school zone, an act by a person responsible for the child's 27.2care that is a violation under section 
         121A.58.27.3    (h) "Report" means any report received by the local welfare agency, police 27.4department, county sheriff, or agency responsible for assessing or investigating 27.5maltreatment pursuant to this section.27.6    (i) "Facility" means:27.7    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 27.8sanitarium, or other facility or institution required to be licensed under sections 
         144.50 to 27.9144.58
         , 
         241.021, or 
         245A.01 to 
         245A.16, or chapter 245B;27.10    (2) a school as defined in sections 
         120A.05, subdivisions 9, 11, and 13; and 27.11124D.10
         ; or27.12    (3) a nonlicensed personal care provider organization as defined in sections 
         256B.04, 27.13subdivision 16, and 
         256B.0625, subdivision 19a.27.14    (j) "Operator" means an operator or agency as defined in section 
         245A.02.27.15    (k) "Commissioner" means the commissioner of human services.27.16    (l) "Practice of social services," for the purposes of subdivision 3, includes but is 27.17not limited to employee assistance counseling and the provision of guardian ad litem and 27.18parenting time expeditor services.27.19    (m) "Mental injury" means an injury to the psychological capacity or emotional 27.20stability of a child as evidenced by an observable or substantial impairment in the child's 27.21ability to function within a normal range of performance and behavior with due regard to 27.22the child's culture.27.23    (n) "Threatened injury" means a statement, overt act, condition, or status that 27.24represents a substantial risk of physical or sexual abuse or mental injury. Threatened 27.25injury includes, but is not limited to, exposing a child to a person responsible for the 27.26child's care, as defined in paragraph (e), clause (1), who has:27.27    (1) subjected a child to, or failed to protect a child from, an overt act or condition 27.28that constitutes egregious harm, as defined in section 
         260C.007, subdivision 14, or a 27.29similar law of another jurisdiction;27.30    (2) been found to be palpably unfit under section 
         260C.301, paragraph (b), clause 27.31(4), or a similar law of another jurisdiction;27.32    (3) committed an act that has resulted in an involuntary termination of parental rights 27.33under section 
         260C.301, or a similar law of another jurisdiction; or27.34    (4) committed an act that has resulted in the involuntary transfer of permanent legal 27.35and physical custody of a child to a relative under section 
         260C.201, subdivision 11, 27.36paragraph (d), clause (1), or a similar law of another jurisdiction.28.1    (o) Persons who conduct assessments or investigations under this section shall take 28.2into account accepted child-rearing practices of the culture in which a child participates 28.3and accepted teacher discipline practices, which are not injurious to the child's health, 28.4welfare, and safety.28.5    (p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 28.6occurrence or event which:28.7    (1) is not likely to occur and could not have been prevented by exercise of due 28.8care; and28.9    (2) if occurring while a child is receiving services from a facility, happens when the 28.10facility and the employee or person providing services in the facility are in compliance 28.11with the laws and rules relevant to the occurrence or event.28.12(q) "Nonmaltreatment mistake" means:28.13(1) at the time of the incident, the individual was performing duties identified in the 28.14center's child care program plan required under Minnesota Rules, part 9503.0045;28.15(2) the individual has not been determined responsible for a similar incident that 28.16resulted in a finding of maltreatment for at least seven years;28.17(3) the individual has not been determined to have committed a similar 28.18nonmaltreatment mistake under this paragraph for at least four years;28.19(4) any injury to a child resulting from the incident, if treated, is treated only with 28.20remedies that are available over the counter, whether ordered by a medical professional or 28.21not; and28.22(5) except for the period when the incident occurred, the facility and the individual 28.23providing services were both in compliance with all licensing requirements relevant to the 28.24incident.28.25This definition only applies to child care centers licensed under Minnesota Rules, 28.26chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantial 28.27maltreatment by the individual, the commissioner of human services shall determine that 28.28a nonmaltreatment mistake was made by the individual.28.29    Sec. 18. Minnesota Statutes 2009 Supplement, section 626.556, subdivision 10e, 28.30is amended to read:28.31    Subd. 10e. Determinations. (a) The local welfare agency shall conclude the family 28.32assessment or the investigation within 45 days of the receipt of a report. The conclusion of 28.33the assessment or investigation may be extended to permit the completion of a criminal 28.34investigation or the receipt of expert information requested within 45 days of the receipt 28.35of the report.29.1    (b) After conducting a family assessment, the local welfare agency shall determine 29.2whether services are needed to address the safety of the child and other family members 29.3and the risk of subsequent maltreatment.29.4    (c) After conducting an investigation, the local welfare agency shall make two 29.5determinations: first, whether maltreatment has occurred; and second, whether child 29.6protective services are needed.29.7    (d) If the commissioner of education conducts an assessment or investigation, 29.8the commissioner shall determine whether maltreatment occurred and what corrective 29.9or protective action was taken by the school facility. If a determination is made that 29.10maltreatment has occurred, the commissioner shall report to the employer, the school 29.11board, and any appropriate licensing entity the determination that maltreatment occurred 29.12and what corrective or protective action was taken by the school facility. In all other cases, 29.13the commissioner shall inform the school board or employer that a report was received, 29.14the subject of the report, the date of the initial report, the category of maltreatment alleged 29.15as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 29.16of the specific reasons for the determination.29.17    (e) When maltreatment is determined in an investigation involving a facility, 29.18the investigating agency shall also determine whether the facility or individual was 29.19responsible, or whether both the facility and the individual were responsible for the 29.20maltreatment using the mitigating factors in paragraph (i). Determinations under this 29.21subdivision must be made based on a preponderance of the evidence and are private data 29.22on individuals or nonpublic data as maintained by the commissioner of education.29.23    (f) For the purposes of this subdivision, "maltreatment" means any of the following 29.24acts or omissions:29.25    (1) physical abuse as defined in subdivision 2, paragraph (g);29.26    (2) neglect as defined in subdivision 2, paragraph (f);29.27    (3) sexual abuse as defined in subdivision 2, paragraph (d);29.28    (4) mental injury as defined in subdivision 2, paragraph (m); or29.29    (5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).29.30    (g) For the purposes of this subdivision, a determination that child protective 29.31services are needed means that the local welfare agency has documented conditions 29.32during the assessment or investigation sufficient to cause a child protection worker, as 29.33defined in section 
         626.559, subdivision 1, to conclude that a child is at significant risk of 29.34maltreatment if protective intervention is not provided and that the individuals responsible 29.35for the child's care have not taken or are not likely to take actions to protect the child 29.36from maltreatment or risk of maltreatment.30.1    (h) This subdivision does not mean that maltreatment has occurred solely because 30.2the child's parent, guardian, or other person responsible for the child's care in good faith 30.3selects and depends upon spiritual means or prayer for treatment or care of disease 30.4or remedial care of the child, in lieu of medical care. However, if lack of medical care 30.5may result in serious danger to the child's health, the local welfare agency may ensure 30.6that necessary medical services are provided to the child.30.7    (i) When determining whether the facility or individual is the responsible party, or 30.8whether both the facility and the individual are responsible for determined maltreatment in 30.9a facility, the investigating agency shall consider at least the following mitigating factors:30.10    (1) whether the actions of the facility or the individual caregivers were according to, 30.11and followed the terms of, an erroneous physician order, prescription, individual care plan, 30.12or directive; however, this is not a mitigating factor when the facility or caregiver was 30.13responsible for the issuance of the erroneous order, prescription, individual care plan, or 30.14directive or knew or should have known of the errors and took no reasonable measures to 30.15correct the defect before administering care;30.16    (2) comparative responsibility between the facility, other caregivers, and 30.17requirements placed upon an employee, including the facility's compliance with related 30.18regulatory standards and the adequacy of facility policies and procedures, facility training, 30.19an individual's participation in the training, the caregiver's supervision, and facility staffing 30.20levels and the scope of the individual employee's authority and discretion; and30.21    (3) whether the facility or individual followed professional standards in exercising 30.22professional judgment.30.23The evaluation of the facility's responsibility under clause (2) must not be based on the 30.24completeness of the risk assessment or risk reduction plan required under section 245A.66, 30.25but must be based on the facility's compliance with the regulatory standards for policies 30.26and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota 30.27Rules.30.28    (j) Notwithstanding paragraph (i), when maltreatment is determined to have been 30.29committed by an individual who is also the facility license holder, both the individual and 30.30the facility must be determined responsible for the maltreatment, and both the background 30.31study disqualification standards under section 
         245C.15, subdivision 4, and the licensing 30.32actions under sections 
         245A.06 or 
         245A.07 apply.30.33(k) Individual counties may implement more detailed definitions or criteria that 30.34indicate which allegations to investigate, as long as a county's policies are consistent 30.35with the definitions in the statutes and rules and are approved by the county board. Each 30.36local welfare agency shall periodically inform mandated reporters under subdivision 3 31.1who work in the county of the definitions of maltreatment in the statutes and rules and any 31.2additional definitions or criteria that have been approved by the county board.31.3    Sec. 19. CONSUMER SATISFACTION; HUMAN SERVICES.31.4(a) The commissioner of human services shall submit a memorandum each year to 31.5the governor and the chairs of the house and senate standing committees with jurisdiction 31.6over the department's programs that provides the following information:31.7(1) the number of calls made to each of the department's help lines by consumers 31.8and citizens regarding services provided or regulated by the department;31.9(2) the subject matter of the call;31.10(3) the number of service-related calls that were resolved;31.11(4) the number that remain open; and31.12(5) the number that were without merit.31.13(b) The initial memorandum shall be submitted no later than February 15, 2012, with 31.14subsequent memoranda submitted no later than February 15 each following year.31.15EFFECTIVE DATE.This section is effective January 1, 2011.31.16    Sec. 20. CONSUMER SATISFACTION; HEALTH.31.17(a) The commissioner of health shall submit a memorandum each year to the 31.18governor and the chairs of the house and senate standing committees with jurisdiction 31.19over the department's programs that provides the following information:31.20(1) the number of calls made to each of the department's help lines by consumers 31.21and citizens regarding services provided or regulated by the department;31.22(2) the subject matter of the call;31.23(3) the number of service-related calls that were resolved;31.24(4) the number that remain open; and31.25(5) the number that were without merit.31.26(b) The initial memorandum shall be submitted no later than February 15, 2012, with 31.27subsequent memoranda submitted no later than February 15 each following year.31.28EFFECTIVE DATE.This section is effective January 1, 2011.31.29    Sec. 21. CONSUMER SATISFACTION; COMMERCE.31.30(a) The commissioner of commerce shall submit a memorandum each year to the 31.31governor and the chairs of the house and senate standing committees with jurisdiction 31.32over the department's programs that provides the following information:32.1(1) the number of calls made to each of the department's help lines by consumers 32.2and citizens regarding services provided or regulated by the department;32.3(2) the subject matter of the call;32.4(3) the number of service-related calls that were resolved;32.5(4) the number that remain open; and32.6(5) the number that were without merit.32.7(b) The initial memorandum shall be submitted no later than February 15, 2012, with 32.8subsequent memoranda submitted no later than February 15 each following year.32.9EFFECTIVE DATE.This section is effective January 1, 2011.32.10    Sec. 22. TRANSFER OF REAL PROPERTY.32.11Notwithstanding any law to the contrary, the commissioner of administration 32.12may transfer real property purchased in whole or in part with state funds to a federally 32.13recognized Indian tribe located in the state of Minnesota for the purpose of operating 32.14a treatment facility in Crow Wing County, for less than the appraised value, or if the 32.15property has not been appraised, for less than the fair market value as determined by 32.16the commissioner.32.17    Sec. 23.  REPEALER.32.18Minnesota Rules, part 2500.5000, is repealed.32.19ARTICLE 232.20JUVENILES32.21    Section 1. Minnesota Statutes 2009 Supplement, section 245C.24, subdivision 2, is 32.22amended to read:32.23    Subd. 2. Permanent bar to set aside a disqualification. (a) Except as otherwise 32.24provided in paragraph (b) this subdivision, the commissioner may not set aside the 32.25disqualification of any individual disqualified pursuant to this chapter, regardless of how 32.26much time has passed, if the individual was disqualified for a crime or conduct listed in 32.27section 
         245C.15, subdivision 1.32.28    (b) For an individual in the chemical dependency or corrections field who was 32.29disqualified for a crime or conduct listed under section 
         245C.15, subdivision 1, and whose 32.30disqualification was set aside prior to July 1, 2005, the commissioner must consider 32.31granting a variance pursuant to section 
         245C.30 for the license holder for a program 32.32dealing primarily with adults. A request for reconsideration evaluated under this paragraph 33.1must include a letter of recommendation from the license holder that was subject to the 33.2prior set-aside decision addressing the individual's quality of care to children or vulnerable 33.3adults and the circumstances of the individual's departure from that service.33.4(c) When a licensed foster care provider adopts an individual who had received 33.5foster care services from the provider for over six months, and the adopted individual is 33.6required to receive a background study under section 
         245C.03, subdivision 1, paragraph 33.7(a), clause (2) or (6), the commissioner may grant a variance to the license holder under 33.8section 
         245C.30 to permit the adopted individual with a permanent disqualification 33.9to remain affiliated with the license holder under the conditions of the variance when 33.10the variance is recommended by the county of responsibility for each of the remaining 33.11individuals in placement in the home and the licensing agency for the home.33.12(d) The commissioner shall consider granting a set aside under section 245C.22 or a 33.13variance under section 245C.30 to an individual who is now 21 years of age or older and 33.14who was disqualified for a crime or conduct listed under section 245C.15, subdivision 1, 33.15occurring while the individual was under the age of 18. This paragraph does not apply to 33.16individuals who were convicted of the disqualifying crime following certification under 33.17section 260B.125.33.18    Sec. 2. Minnesota Statutes 2008, section 609A.02, subdivision 2, is amended to read:33.19    Subd. 2. Offenses committed by juveniles prosecuted as adults. A petition for 33.20the sealing of a conviction recordany type of delinquency or criminal record relating to a 33.21juvenile matter may be filed under section 
         609A.03 by a person who has been committed 33.22to the custody of the commissioner of corrections upon conviction of a crime following 33.23certification to district court under section 260B.125, if the person successfully completed 33.24the terms of the person's disposition or sentence and who is no longer under correctional 33.25supervision for the offense, if: 33.26(1) is finally discharged by the commissioner; or the person received a disposition 33.27under section 260B.198, regardless of whether the person was adjudicated delinquent;33.28(2) has been placed on probation by the court under section 609.135 and has been 33.29discharged from probation after satisfactory fulfillment of it the matter was designated 33.30an extended jurisdiction juvenile prosecution under section 260B.130 and the person's 33.31adult sentence was never executed;33.32(3) the matter was designated an extended jurisdiction juvenile prosecution under 33.33section 260B.130 and the person's adult sentence was subsequently executed; or33.34(4) the matter was certified for adult prosecution under section 260B.125. 34.1    Sec. 3. Minnesota Statutes 2008, section 609A.03, subdivision 1, is amended to read:34.2    Subdivision 1. Petition; filing fee. An individual who is the subject of a criminal 34.3record who is seeking the expungement of the record shall file a petition under this section 34.4and pay a filing fee in the amount required under section 
         357.021, subdivision 2, clause 34.5(1). The filing fee may be waived in cases of indigency and shall be waived in the cases 34.6described in section 
         609A.02, subdivision 2, clause (1) or (2), and subdivision 3. 34.7    Sec. 4. Minnesota Statutes 2008, section 609A.03, subdivision 2, is amended to read:34.8    Subd. 2. Contents of petition. (a) A petition for expungement shall be signed under 34.9oath by the petitioner and shall state the following:34.10(1) the petitioner's full name and all other legal names or aliases by which the 34.11petitioner has been known at any time;34.12(2) the petitioner's date of birth;34.13(3) all of the petitioner's addresses from the date of the offense or alleged offense in 34.14connection with which an expungement order is sought, to the date of the petition;34.15(4) why expungement is sought, if it is for employment or licensure purposes, the 34.16statutory or other legal authority under which it is sought, and why it should be granted;34.17(5) the details of the offense or arrest for which expungement is sought, including 34.18the date and jurisdiction of the occurrence, either the names of any victims or that there 34.19were no identifiable victims, whether there is a current order for protection, restraining 34.20order, or other no contact order prohibiting the petitioner from contacting the victims or 34.21whether there has ever been a prior order for protection or restraining order prohibiting the 34.22petitioner from contacting the victims, the court file number, and the date of conviction 34.23or of dismissal;34.24(6) in the case of a conviction or adjudication delinquency record, what steps the 34.25petitioner has taken since the time of the offense toward personal rehabilitation, including 34.26treatment, work, or other personal history that demonstrates rehabilitation;34.27(7) petitioner's criminal conviction and adjudication delinquency record indicating 34.28all convictions and adjudication findings of delinquency for misdemeanors, gross 34.29misdemeanors, or felonies in this state, and for all comparable convictions and adjudication 34.30findings of delinquency in any other state, federal court, or foreign country, whether the 34.31convictions or adjudication findings of delinquency occurred before or after the arrest or,34.32conviction, or adjudication finding of delinquency for which expungement is sought;34.33(8) petitioner's criminal charges record indicating all prior and pending criminal 34.34charges against the petitioner in this state or another jurisdiction, including all criminal 35.1charges that have been continued for dismissal or stayed for adjudication, or have been the 35.2subject of pretrial diversion; and35.3(9) all prior requests by the petitioner, whether for the present offense or for any 35.4other offenses, in this state or any other state or federal court, for pardon, return of arrest 35.5records, or expungement or sealing of a criminal record, whether granted or not, and all 35.6stays of adjudication or imposition of sentence involving the petitioner.35.7(b) If there is a current order for protection, restraining order, or other no contact 35.8order prohibiting the petitioner from contacting the victims or there has ever been a prior 35.9order for protection or restraining order prohibiting the petitioner from contacting the 35.10victims, the petitioner shall attach a copy of the order to the petition.35.11    Sec. 5. Minnesota Statutes 2008, section 609A.03, subdivision 4, is amended to read:35.12    Subd. 4. Hearing.(a) A hearing on the petition shall be held no sooner than 60 35.13days after service of the petition. A victim of the offense for which expungement is 35.14sought has a right to submit an oral or written statement to the court at the time of the 35.15hearing describing the harm suffered by the victim as a result of the crime and the victim's 35.16recommendation on whether expungement should be granted or denied. The judge shall 35.17consider the victim's statement when making a decision.35.18(b) The court shall exclude the general public from a hearing on a petition to 35.19expunge a record relating to a juvenile matter under section 609A.02, subdivision 2, and 35.20may admit only persons who the court determines have a direct interest in the case, unless 35.21the hearing on the underlying offense for which expungement is sought was open to the 35.22public under section 260B.163, subdivision 1, paragraph (c), or other law.35.23    Sec. 6. Minnesota Statutes 2008, section 609A.03, subdivision 5, is amended to read:35.24    Subd. 5. Nature of remedy; standard; firearms restriction. (a) Except as 35.25otherwise provided by paragraph (b) or (c), expungement of a criminal or delinquency35.26record is an extraordinary remedy to be granted only upon clear and convincing evidence 35.27that it would yield a benefit to the petitioner commensurate with the disadvantages to 35.28the public and public safety of:35.29(1) sealing the record; and35.30(2) burdening the court and public authorities to issue, enforce, and monitor an 35.31expungement order.35.32(b) Except as otherwise provided by this paragraph, If the petitioner is petitioning 35.33for the sealing of a criminal or delinquency record under section 
         609A.02, subdivision 35.343
         , the court shall grant the petition to seal the record unless the agency or jurisdiction 36.1whose records would be affected establishes by clear and convincing evidence that the 36.2interests of the public and public safety outweigh the disadvantages to the petitioner 36.3of not sealing the record. 36.4(c) If the petitioner is petitioning for the sealing of a criminal or delinquency record 36.5under section 609A.02, subdivision 2, clause (1) or (2), the court shall grant the petition 36.6to seal the record unless the agency or jurisdiction whose records would be affected 36.7establishes by clear and convincing evidence that the interests of the public and public 36.8safety outweigh the disadvantages to the petitioner of not sealing the record.36.9(d) If the court issues an expungement order it may require that the criminal or 36.10delinquency record be sealed, the existence of the record not be revealed, and the record 36.11not be opened except as required under subdivision 7. Records must not be destroyed or 36.12returned to the subject of the record.36.13    Sec. 7. Minnesota Statutes 2008, section 609A.03, subdivision 5a, is amended to read:36.14    Subd. 5a. Order concerning crimes of violence. An order expunging the record 36.15of a conviction or adjudication delinquency record for a crime of violence as defined 36.16in section 
         624.712, subdivision 5, must provide that the person is not entitled to ship, 36.17transport, possess, or receive a firearm for the remainder of the person's lifetime. Any 36.18person whose record of conviction or adjudication delinquency record is expunged under 36.19this section and who thereafter receives a relief of disability under United States Code, 36.20title 18, section 925, or whose ability to possess firearms has been restored under section 36.21609.165, subdivision 1d
         , is not subject to the restriction in this subdivision. 36.22    Sec. 8. Minnesota Statutes 2008, section 609A.03, subdivision 7, is amended to read:36.23    Subd. 7. Limitations of order. (a) Upon issuance of an expungement order related 36.24to a charge supported by probable cause, the DNA samples and DNA records held by 36.25the Bureau of Criminal Apprehension and collected under authority other than section 36.26299C.105
         , shall not be sealed, returned to the subject of the record, or destroyed.36.27(b) Notwithstanding the issuance of an expungement order:36.28(1) an expunged record may be opened for purposes of a criminal investigation, 36.29prosecution, or sentencing, upon an ex parte court order;36.30(2) an expunged record of a conviction or adjudication delinquency proceeding may 36.31be opened for purposes of evaluating a prospective employee in a criminal justice agency 36.32without a court order; and37.1(3) an expunged record of a conviction or adjudication delinquency proceeding may 37.2be opened for purposes of a background study under section 
         245C.08 unless the court 37.3order for expungement is directed specifically to the commissioner of human services.37.4Upon request by law enforcement, prosecution, or corrections authorities, an agency 37.5or jurisdiction subject to an expungement order shall inform the requester of the existence 37.6of a sealed record and of the right to obtain access to it as provided by this paragraph. For 37.7purposes of this section, a "criminal justice agency" means courts or a government agency 37.8that performs the administration of criminal justice under statutory authority.