1.1 	A bill for an act
1.2 	relating to human services; modifying provisions governing children and families 
1.3 	services, mental health services, community services system data sharing, and 
1.4 	operations;amending Minnesota Statutes 2016, sections 13.32, by adding a 
1.5 	subdivision; 13.46, subdivisions 1, 2; 13.84, subdivision 5; 245A.02, subdivision 
1.6 	3, by adding a subdivision; 245A.03, subdivision 3; 245A.04, subdivision 1; 
1.7 	245A.07, subdivisions 1, 2, 2a, 3; 245A.08, subdivision 3; 245C.02, subdivisions 
1.8 	5, 13b, by adding subdivisions; 245C.05, subdivisions 1, 5; 245C.08, subdivisions 
1.9 	1, 3; 245C.12; 245C.32, subdivisions 1a, 2, 3; 245C.33, subdivision 4; 245C.34, 
1.10 	subdivision 4; 253D.28, subdivision 3; 260C.101, by adding a subdivision; 
1.11 	260C.171, subdivision 2; 260C.515, subdivision 4; 260C.625; 260C.629, 
1.12 	subdivision 2; 626.556, subdivisions 2, 3, 10f, 10j, 10m; 626.558, subdivision 2; 
1.13 	repealing Minnesota Statutes 2016, section 13.468.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	ARTICLE 1
1.16 	CHILDREN AND FAMILIES SERVICES

1.17 	Section 1. Minnesota Statutes 2016, section 260C.101, is amended by adding a subdivision 
1.18 	to read:
1.19 		Subd. 6.Provisions inapplicable to a child in foster care. If the court orders a child 
1.20 	placed under the protective care or legal custody of the responsible social services agency 
1.21 	pursuant to section 260C.151, subdivision 6; 260C.178; or 260C.201, then the provisions 
1.22 	of section 524.5-211 and chapter 257B have no force and effect and any delegation of power 
1.23 	by parent or guardian or designation of standby custodian are terminated by the court's 
1.24 	order.

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

2.1 	Sec. 2. Minnesota Statutes 2016, section 260C.171, subdivision 2, is amended to read:
2.2 		Subd. 2.Public inspection of records. (a) The records from proceedings or portions of 
2.3 	proceedings involving a child in need of protection or services, permanency, or termination 
2.4 	of parental rights are accessible to the public as authorized by the Minnesota Rules of 
2.5 	Juvenile Protection Procedure, except that the court shall maintain the confidentiality of a 
2.6 	child's educational records. A petition filed alleging a child to be habitually truant under 
2.7 	section 260C.007, subdivision 6, clause (14), shall not be considered a record or information 
2.8 	of the child's education. The court shall maintain the confidentiality of any record filed in 
2.9 	proceedings under chapter 260D.
2.10 	(b) None of the records relating to an appeal from a nonpublic juvenile court proceeding, 
2.11 	except the written appellate opinion, shall be open to public inspection or their contents 
2.12 	disclosed except by order of a court.
2.13 	(c) The records of juvenile probation officers are records of the court for the purposes 
2.14 	of this subdivision. This subdivision applies to all proceedings under this chapter, including 
2.15 	appeals from orders of the juvenile court. The court shall maintain the confidentiality of 
2.16 	adoption files and records in accordance with the provisions of laws relating to adoptions. 
2.17 	In juvenile court proceedings any report or social history furnished to the court shall be 
2.18 	open to inspection by the attorneys of record and the guardian ad litem a reasonable time 
2.19 	before it is used in connection with any proceeding before the court.

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

2.21 	Sec. 3. Minnesota Statutes 2016, section 260C.515, subdivision 4, is amended to read:
2.22 		Subd. 4.Custody to relative. The court may order permanent legal and physical custody 
2.23 	to a fit and willing relative in the best interests of the child according to the following 
2.24 	requirements:
2.25 	(1) an order for transfer of permanent legal and physical custody to a relative shall only 
2.26 	be made after the court has reviewed the suitability of the prospective legal and physical 
2.27 	custodian;
2.28 	(2) in transferring permanent legal and physical custody to a relative, the juvenile court 
2.29 	shall follow the standards applicable under this chapter and chapter 260, and the procedures 
2.30 	in the Minnesota Rules of Juvenile Protection Procedure;
2.31 	(3) a transfer of legal and physical custody includes responsibility for the protection, 
2.32 	education, care, and control of the child and decision making on behalf of the child;
3.1 	(4) a permanent legal and physical custodian may not return a child to the permanent 
3.2 	care of a parent from whom the court removed custody without the court's approval and 
3.3 	without notice to the responsible social services agency;
3.4 	(5) the social services agency may file a petition naming a fit and willing relative as a 
3.5 	proposed permanent legal and physical custodian. A petition for transfer of permanent legal 
3.6 	and physical custody to a relative who is not a parent shall be accompanied by a kinship 
3.7 	placement agreement under section 256N.22, subdivision 2, between the agency and proposed 
3.8 	permanent legal and physical custodian;
3.9 	(6) another party to the permanency proceeding regarding the child may file a petition 
3.10 	to transfer permanent legal and physical custody to a relative. The petition must include 
3.11 	facts upon which the court can make the determination required under clause (7) and must 
3.12 	be filed not later than the date for the required admit-deny hearing under section 260C.507; 
3.13 	or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must 
3.14 	be filed not later than 30 days prior to the trial required under section 260C.509;
3.15 	(7) where a petition is for transfer of permanent legal and physical custody to a relative 
3.16 	who is not a parent, the court must find that:
3.17 	(i) transfer of permanent legal and physical custody and receipt of Northstar kinship 
3.18 	assistance under chapter 256N, when requested and the child is eligible, are in the child's 
3.19 	best interests;
3.20 	(ii) adoption is not in the child's best interests based on the determinations in the kinship 
3.21 	placement agreement required under section 256N.22, subdivision 2;
3.22 	(iii) the agency made efforts to discuss adoption with the child's parent or parents, or 
3.23 	the agency did not make efforts to discuss adoption and the reasons why efforts were not 
3.24 	made; and
3.25 	(iv) there are reasons to separate siblings during placement, if applicable;. The court 
3.26 	may find there is a reason to separate siblings when the court finds both (A) that the 
3.27 	responsible social services agency made reasonable efforts to place siblings together and 
3.28 	(B) that placing siblings together is not in the best interest of one or more of the siblings;
3.29 	(8) the court may defer finalization of an order transferring permanent legal and physical 
3.30 	custody to a relative when deferring finalization is necessary to determine eligibility for 
3.31 	Northstar kinship assistance under chapter 256N;
3.32 	(9) the court may finalize a permanent transfer of physical and legal custody to a relative 
3.33 	regardless of eligibility for Northstar kinship assistance under chapter 256N; and
4.1 	(10) the juvenile court may maintain jurisdiction over the responsible social services 
4.2 	agency, the parents or guardian of the child, the child, and the permanent legal and physical 
4.3 	custodian for purposes of ensuring appropriate services are delivered to the child and 
4.4 	permanent legal custodian for the purpose of ensuring conditions ordered by the court related 
4.5 	to the care and custody of the child are met.; and
4.6 	(11) after finalization of the permanent transfer of physical and legal custody to a relative 
4.7 	who is not a parent, the court administrator must mail a copy of the final order to the 
4.8 	commissioner of human services.

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

4.10 	Sec. 4. Minnesota Statutes 2016, section 260C.625, is amended to read:
4.11 	260C.625 DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.
4.12 	(a) The following shall be filed with the court by the responsible social services agency 
4.13 	prior to finalization of the adoption:
4.14 	(1) a certified an electronic copy of the child's certified birth record;
4.15 	(2) a certified an electronic copy of the certified findings and order terminating parental 
4.16 	rights or order accepting the parent's consent to adoption under section 260C.515, subdivision 
4.17 	3, and for guardianship to the commissioner;
4.18 	(3) a copy of any communication or contact agreement under section 260C.619;
4.19 	(4) certification that the Minnesota Fathers' Adoption Registry has been searched which 
4.20 	requirement may be met according to the requirements of the Minnesota Rules of Adoption 
4.21 	Procedure, Rule 32.01, subdivision 2;
4.22 	(5) an electronic copy of the original of each consent to adoption required, if any, unless 
4.23 	the original was filed in the permanency proceeding conducted under section 260C.515, 
4.24 	subdivision 3, and the order filed under clause (2) has a copy of the consent attached; and
4.25 	(6) the postplacement assessment report required under section 259.53, subdivision 2.
4.26 	(b) The responsible social services agency shall provide any known aliases of the child 
4.27 	to the court.

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

5.1 	Sec. 5. Minnesota Statutes 2016, section 260C.629, subdivision 2, is amended to read:
5.2 		Subd. 2.Required documents. In order to issue a decree for adoption and enter judgment 
5.3 	accordingly, the court must have the following documents in the record:
5.4 	(1) an electronic copy of the original birth record of the child;
5.5 	(2) an adoption study report including a background study required under section 259.41
5.6 	260C.611;
5.7 	(3) a an electronic copy of the certified copy of the findings and order terminating parental 
5.8 	rights or order accepting the parent's consent to adoption under section 260C.515, subdivision 
5.9 	3, and for guardianship to the commissioner;
5.10 	(4) any consents required under subdivision 1;
5.11 	(5) the child's social and medical history under section 260C.609;
5.12 	(6) the postplacement assessment report required under section 259.53, subdivision 2, 
5.13 	unless waived by the court on the record at a hearing under section 260C.607; and
5.14 	(7) a report from the child's guardian ad litem.

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

5.16 	Sec. 6. Minnesota Statutes 2016, section 626.556, subdivision 2, is amended to read:
5.17 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
5.18 	given them unless the specific content indicates otherwise:
5.19 	(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence 
5.20 	or event which:
5.21 	(1) is not likely to occur and could not have been prevented by exercise of due care; and
5.22 	(2) if occurring while a child is receiving services from a facility, happens when the 
5.23 	facility and the employee or person providing services in the facility are in compliance with 
5.24 	the laws and rules relevant to the occurrence or event.
5.25 	(b) "Commissioner" means the commissioner of human services.
5.26 	(c) "Facility" means:
5.27 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
5.28 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
5.29 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245D;
6.1 	(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; 
6.2 	or
6.3 	(3) a nonlicensed personal care provider organization as defined in section 256B.0625, 
6.4 	subdivision 19a 256B.0659.
6.5 	(d) "Family assessment" means a comprehensive assessment of child safety, risk of 
6.6 	subsequent child maltreatment, and family strengths and needs that is applied to a child 
6.7 	maltreatment report that does not allege sexual abuse or substantial child endangerment. 
6.8 	Family assessment does not include a determination as to whether child maltreatment 
6.9 	occurred but does determine the need for services to address the safety of family members 
6.10 	and the risk of subsequent maltreatment.
6.11 	(e) "Investigation" means fact gathering related to the current safety of a child and the 
6.12 	risk of subsequent maltreatment that determines whether child maltreatment occurred and 
6.13 	whether child protective services are needed. An investigation must be used when reports 
6.14 	involve sexual abuse or substantial child endangerment, and for reports of maltreatment in 
6.15 	facilities required to be licensed under chapter 245A or 245D; under sections 144.50 to 
6.16 	144.58 and 241.021; in a school as defined in section 120A.05, subdivisions 9, 11, and 13, 
6.17 	and chapter 124E; or in a nonlicensed personal care provider association as defined in section 
6.18 	256B.0625, subdivision 19a 256B.0659.
6.19 	(f) "Mental injury" means an injury to the psychological capacity or emotional stability 
6.20 	of a child as evidenced by an observable or substantial impairment in the child's ability to 
6.21 	function within a normal range of performance and behavior with due regard to the child's 
6.22 	culture.
6.23 	(g) "Neglect" means the commission or omission of any of the acts specified under 
6.24 	clauses (1) to (9) (10), other than by accidental means:
6.25 	(1) failure by a person responsible for a child's care to supply a child with necessary 
6.26 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
6.27 	mental health when reasonably able to do so;
6.28 	(2) failure to protect a child from conditions or actions that seriously endanger the child's 
6.29 	physical or mental health when reasonably able to do so, including a growth delay, which 
6.30 	may be referred to as a failure to thrive, that has been diagnosed by a physician and is due 
6.31 	to parental neglect;
6.32 	(3) failure to provide for necessary supervision or child care arrangements appropriate 
6.33 	for a child after considering factors as the child's age, mental ability, physical condition, 
7.1 	length of absence, or environment, when the child is unable to care for the child's own basic 
7.2 	needs or safety, or the basic needs or safety of another child in their care;
7.3 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
7.4 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
7.5 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 
7.6 	5;
7.7 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
7.8 	because the child's parent, guardian, or other person responsible for the child's care in good 
7.9 	faith selects and depends upon spiritual means or prayer for treatment or care of disease or 
7.10 	remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, 
7.11 	or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of 
7.12 	medical care may cause serious danger to the child's health. This section does not impose 
7.13 	upon persons, not otherwise legally responsible for providing a child with necessary food, 
7.14 	clothing, shelter, education, or medical care, a duty to provide that care;
7.15 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 
7.16 	2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in 
7.17 	the child at birth, results of a toxicology test performed on the mother at delivery or the 
7.18 	child at birth, medical effects or developmental delays during the child's first year of life 
7.19 	that medically indicate prenatal exposure to a controlled substance, or the presence of a 
7.20 	fetal alcohol spectrum disorder;
7.21 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
7.22 	(8) chronic and severe use of alcohol or a controlled substance by a parent or person 
7.23 	responsible for the care of the child that adversely affects the child's basic needs and safety; 
7.24 	or
7.25 	(9) emotional harm from a pattern of behavior which contributes to impaired emotional 
7.26 	functioning of the child which may be demonstrated by a substantial and observable effect 
7.27 	in the child's behavior, emotional response, or cognition that is not within the normal range 
7.28 	for the child's age and stage of development, with due regard to the child's culture.; or
7.29 	(10) abandonment of the child exhibited when a parent or person responsible for a child's 
7.30 	care, does not have regular contact with the child and failed to demonstrate consistent interest 
7.31 	in the child's well-being; unless the parent or person responsible for a child's care establishes 
7.32 	an extreme financial hardship, physical hardship, treatment for mental disability or chemical 
7.33 	dependency, or other good cause that prevented the parent or person responsible for a child's 
8.1 	care from making contact with the child. A child custody determination under chapter 257 
8.2 	or 518 is not abandonment of the child.
8.3 	(h) "Nonmaltreatment mistake" means:
8.4 	(1) at the time of the incident, the individual was performing duties identified in the 
8.5 	center's child care program plan required under Minnesota Rules, part 9503.0045;
8.6 	(2) the individual has not been determined responsible for a similar incident that resulted 
8.7 	in a finding of maltreatment for at least seven years;
8.8 	(3) the individual has not been determined to have committed a similar nonmaltreatment 
8.9 	mistake under this paragraph for at least four years;
8.10 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
8.11 	remedies that are available over the counter, whether ordered by a medical professional or 
8.12 	not; and
8.13 	(5) except for the period when the incident occurred, the facility and the individual 
8.14 	providing services were both in compliance with all licensing requirements relevant to the 
8.15 	incident.
8.16 	This definition only applies to child care centers licensed under Minnesota Rules, chapter 
8.17 	9503. If clauses (1) to (5) apply, rather than making a determination of substantiated 
8.18 	maltreatment by the individual, the commissioner of human services shall determine that a 
8.19 	nonmaltreatment mistake was made by the individual.
8.20 	(i) "Operator" means an operator or agency as defined in section 245A.02.
8.21 	(j) "Person responsible for the child's care" means (1) an individual functioning within 
8.22 	the family unit and having responsibilities for the care of the child such as a parent, guardian, 
8.23 	or other person having similar care responsibilities, or (2) an individual functioning outside 
8.24 	the family unit and having responsibilities for the care of the child such as a teacher, school 
8.25 	administrator, other school employees or agents, or other lawful custodian of a child having 
8.26 	either full-time or short-term care responsibilities including, but not limited to, day care, 
8.27 	babysitting whether paid or unpaid, counseling, teaching, and coaching.
8.28 	(k) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
8.29 	inflicted by a person responsible for the child's care on a child other than by accidental 
8.30 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
8.31 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
8.32 	that have not been authorized under section 125A.0942 or 245.825.
9.1 	Abuse does not include reasonable and moderate physical discipline of a child 
9.2 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
9.3 	not include the use of reasonable force by a teacher, principal, or school employee as allowed 
9.4 	by section 121A.582. Actions which are not reasonable and moderate include, but are not 
9.5 	limited to, any of the following:
9.6 	(1) throwing, kicking, burning, biting, or cutting a child;
9.7 	(2) striking a child with a closed fist;
9.8 	(3) shaking a child under age three;
9.9 	(4) striking or other actions which result in any nonaccidental injury to a child under 18 
9.10 	months of age;
9.11 	(5) unreasonable interference with a child's breathing;
9.12 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
9.13 	(7) striking a child under age one on the face or head;
9.14 	(8) striking a child who is at least age one but under age four on the face or head, which 
9.15 	results in an injury;
9.16 	(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
9.17 	substances which were not prescribed for the child by a practitioner, in order to control or 
9.18 	punish the child; or other substances that substantially affect the child's behavior, motor 
9.19 	coordination, or judgment or that results in sickness or internal injury, or subjects the child 
9.20 	to medical procedures that would be unnecessary if the child were not exposed to the 
9.21 	substances;
9.22 	(10) unreasonable physical confinement or restraint not permitted under section 609.379, 
9.23 	including but not limited to tying, caging, or chaining; or
9.24 	(11) in a school facility or school zone, an act by a person responsible for the child's 
9.25 	care that is a violation under section 121A.58.
9.26 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is not 
9.27 	limited to employee assistance counseling and the provision of guardian ad litem and 
9.28 	parenting time expeditor services.
9.29 	(m) "Report" means any communication received by the local welfare agency, police 
9.30 	department, county sheriff, or agency responsible for child protection pursuant to this section 
9.31 	that describes neglect or physical or sexual abuse of a child and contains sufficient content 
10.1 	to identify the child and any person believed to be responsible for the neglect or abuse, if 
10.2 	known.
10.3 	(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's 
10.4 	care, by a person who has a significant relationship to the child, as defined in section 609.341, 
10.5 	or by a person in a position of authority, as defined in section 609.341, subdivision 10, to 
10.6 	any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first 
10.7 	degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual 
10.8 	conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 
10.9 	609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act 
10.10 	which involves a minor which constitutes a violation of prostitution offenses under sections 
10.11 	609.321 to 609.324 or 617.246. Effective May 29, 2017, sexual abuse includes all reports 
10.12 	of known or suspected child sex trafficking involving a child who is identified as a victim 
10.13 	of sex trafficking. Sexual abuse includes child sex trafficking as defined in section 609.321, 
10.14 	subdivisions 7a and 7b. Sexual abuse includes threatened sexual abuse which includes the 
10.15 	status of a parent or household member who has committed a violation which requires 
10.16 	registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or 
10.17 	required registration under section 243.166, subdivision 1b, paragraph (a) or (b).
10.18 	(o) "Substantial child endangerment" means a person responsible for a child's care, by 
10.19 	act or omission, commits or attempts to commit an act against a child under their care that 
10.20 	constitutes any of the following:
10.21 	(1) egregious harm as defined in section 260C.007, subdivision 14;
10.22 	(2) abandonment under section 260C.301, subdivision 2, paragraph (a), clause (2);
10.23 	(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's 
10.24 	physical or mental health, including a growth delay, which may be referred to as failure to 
10.25 	thrive, that has been diagnosed by a physician and is due to parental neglect;
10.26 	(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
10.27 	(5) manslaughter in the first or second degree under section 609.20 or 609.205;
10.28 	(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
10.29 	(7) solicitation, inducement, and promotion of prostitution under section 609.322;
10.30 	(8) criminal sexual conduct under sections 609.342 to 609.3451;
10.31 	(9) solicitation of children to engage in sexual conduct under section 609.352;
11.1 	(10) malicious punishment or neglect or endangerment of a child under section 609.377
11.2 	or 609.378;
11.3 	(11) use of a minor in sexual performance under section 617.246; or
11.4 	(12) parental behavior, status, or condition which mandates that the county attorney file 
11.5 	a termination of parental rights petition under section 260C.503, subdivision 2.
11.6 	(p) "Threatened injury" means a statement, overt act, condition, or status that represents 
11.7 	a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, 
11.8 	but is not limited to, exposing a child to a person responsible for the child's care, as defined 
11.9 	in paragraph (j), clause (1), who has:
11.10 	(1) subjected a child to, or failed to protect a child from, an overt act or condition that 
11.11 	constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law 
11.12 	of another jurisdiction;
11.13 	(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph 
11.14 	(b), clause (4), or a similar law of another jurisdiction;
11.15 	(3) committed an act that has resulted in an involuntary termination of parental rights 
11.16 	under section 260C.301, or a similar law of another jurisdiction; or
11.17 	(4) committed an act that has resulted in the involuntary transfer of permanent legal and 
11.18 	physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, 
11.19 	subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law 
11.20 	of another jurisdiction.;
11.21 	(5) A child is the subject of subjected a child to a status or condition requiring a report 
11.22 	of threatened injury when the responsible social services agency receives birth match data 
11.23 	under paragraph (q) from the Department of Human Services.; or
11.24 	(6) committed a violation which requires registration as an offender under section 
11.25 	243.166, subdivision 1b, paragraph (a) or (b), and is a parent or a household member.
11.26 	(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth 
11.27 	record or recognition of parentage identifying a child who is subject to threatened injury 
11.28 	under paragraph (p), the Department of Human Services shall send the data to the responsible 
11.29 	social services agency. The data is known as "birth match" data. Unless the responsible 
11.30 	social services agency has already begun an investigation or assessment of the report due 
11.31 	to the birth of the child or execution of the recognition of parentage and the parent's previous 
11.32 	history with child protection, the agency shall accept the birth match data as a report under 
11.33 	this section. The agency may shall use either a family assessment oran investigation to 
12.1 	determine whether the child is safe. All of the provisions of this section apply. If the child 
12.2 	is determined to be safe, the agency shall consult with the county attorney to determine the 
12.3 	appropriateness of filing a petition alleging the child is in need of protection or services 
12.4 	under section 260C.007, subdivision 6, clause (16), in order to deliver needed services. If 
12.5 	the child is determined not to be safe, the agency and the county attorney shall take 
12.6 	appropriate action as required under section 260C.503, subdivision 2.
12.7 	(r) Persons who conduct assessments or investigations under this section shall take into 
12.8 	account accepted child-rearing practices of the culture in which a child participates and 
12.9 	accepted teacher discipline practices, which are not injurious to the child's health, welfare, 
12.10 	and safety.
12.11 	(s) "Safety plan" means a written or oral plan made with the local social services agency 
12.12 	and the child's parent or legal custodian or ordered by the court that sets out the conditions 
12.13 	necessary to keep the child safe. A safety plan is developed, when required, after a safety 
12.14 	assessment. The plan may be part of a child protective services plan, out-of-home placement 
12.15 	plan, or reunification plan when the child leaves foster care.

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

12.17 	Sec. 7. Minnesota Statutes 2016, section 626.556, subdivision 3, is amended to read:
12.18 		Subd. 3.Persons mandated to report; persons voluntarily reporting. (a) A person 
12.19 	who knows or has reason to believe a child is being neglected or physically or sexually 
12.20 	abused, as defined in subdivision 2, or has been neglected or physically or sexually abused 
12.21 	within the preceding three years, shall immediately report the information to the local welfare 
12.22 	agency, agency responsible for assessing or investigating the report, police department, 
12.23 	county sheriff, tribal social services agency, or tribal police department if the person is:
12.24 	(1) a professional or professional's delegate who is engaged in the practice of the healing 
12.25 	arts, social services, hospital administration, psychological or psychiatric treatment, child 
12.26 	care, education, correctional supervision, probation and correctional services, or law 
12.27 	enforcement; or
12.28 	(2) employed as a member of the clergy and received the information while engaged in 
12.29 	ministerial duties, provided that a member of the clergy is not required by this subdivision 
12.30 	to report information that is otherwise privileged under section 595.02, subdivision 1, 
12.31 	paragraph (c).
12.32 	(b) Any person may voluntarily report to the local welfare agency, agency responsible 
12.33 	for assessing or investigating the report, police department, county sheriff, tribal social 
13.1 	services agency, or tribal police department if the person knows, has reason to believe, or 
13.2 	suspects a child is being or has been neglected or subjected to physical or sexual abuse.
13.3 	(c) A person mandated to report physical or sexual child abuse or neglect occurring 
13.4 	within a licensed facility shall report the information to the agency responsible for licensing 
13.5 	the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245D; 
13.6 	or a nonlicensed personal care provider organization as defined in section 256B.0625, 
13.7 	subdivision 19 256B.0659. A health or corrections agency receiving a report may request 
13.8 	the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. 
13.9 	A board or other entity whose licensees perform work within a school facility, upon receiving 
13.10 	a complaint of alleged maltreatment, shall provide information about the circumstances of 
13.11 	the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4, 
13.12 	applies to data received by the commissioner of education from a licensing entity.
13.13 	(d) Notification requirements under subdivision 10 apply to all reports received under 
13.14 	this section.
13.15 	(e) For purposes of this section, "immediately" means as soon as possible but in no event 
13.16 	longer than 24 hours.

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

13.18 	Sec. 8. Minnesota Statutes 2016, section 626.556, subdivision 10f, is amended to read:
13.19 		Subd. 10f.Notice of determinations. Within ten working days of the conclusion of a 
13.20 	family assessment, the local welfare agency shall notify the parent or guardian of the child 
13.21 	of the need for services to address child safety concerns or significant risk of subsequent 
13.22 	child maltreatment. The local welfare agency and the family may also jointly agree that 
13.23 	family support and family preservation services are needed. Within ten working days of the 
13.24 	conclusion of an investigation, the local welfare agency or agency responsible for 
13.25 	investigating the report shall notify the parent or guardian of the child, the person determined 
13.26 	to be maltreating the child, and, if applicable, the director of the facility, of the determination 
13.27 	and a summary of the specific reasons for the determination. When the investigation involves 
13.28 	a child foster care setting that is monitored by a private licensing agency under section 
13.29 	245A.16, the local welfare agency responsible for investigating the report shall notify the 
13.30 	private licensing agency of the determination and shall provide a summary of the specific 
13.31 	reasons for the determination. The notice to the private licensing agency must include 
13.32 	identifying private data, but not the identity of the reporter of maltreatment. The notice must 
13.33 	also include a certification that the information collection procedures under subdivision 10, 
13.34 	paragraphs (h) (i), (i) (j), and (j) (k), were followed and a notice of the right of a data subject 
14.1 	to obtain access to other private data on the subject collected, created, or maintained under 
14.2 	this section. In addition, the notice shall include the length of time that the records will be 
14.3 	kept under subdivision 11c. When the investigation involves a nonlicensed personal care 
14.4 	provider organization as defined in section 256B.0659, regardless of the relationship of the 
14.5 	victim to the nonlicensed personal care attendant, the local welfare agency responsible for 
14.6 	investigating the report shall notify the personal care provider agency of the determination 
14.7 	and shall provide a summary of the specific reasons for the determination. The notice to 
14.8 	the personal care provider agency must include identifying private data, but cannot identify 
14.9 	the reporter of maltreatment. The notice must also include a certification that the procedures 
14.10 	under subdivision 10, paragraphs (i), (j), and (k), were followed and a notice of the right of 
14.11 	a data subject to obtain access to other private data on the subject collected, created, or 
14.12 	maintained under this section. In addition, the notice shall include the length of time that 
14.13 	the records will be kept according to subdivision 11c. The investigating agency shall notify 
14.14 	the parent or guardian of the child who is the subject of the report, and any person or facility 
14.15 	determined to have maltreated a child, of their appeal or review rights under this section. 
14.16 	The notice must also state that a finding of maltreatment may result in denial of a license 
14.17 	application or background study disqualification under chapter 245C related to employment 
14.18 	or services that are licensed by the Department of Human Services under chapter 245A, the 
14.19 	Department of Health under chapter 144 or 144A, the Department of Corrections under 
14.20 	section 241.021, and from providing services related to an unlicensed personal care provider 
14.21 	organization under chapter 256B.

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

14.23 	Sec. 9. Minnesota Statutes 2016, section 626.556, subdivision 10m, is amended to read:
14.24 		Subd. 10m.Provision of child protective services; safety planning; consultation with 
14.25 	county attorney. (a) The local welfare agency shall create a written plan, in collaboration 
14.26 	with the family whenever possible, within 30 days of the determination that child protective 
14.27 	services are needed or upon joint agreement of the local welfare agency and the family that 
14.28 	family support and preservation services are needed. Child protective services for a family 
14.29 	are voluntary unless on the part of the family until ordered by the court. after a petition 
14.30 	under section 260C.141 has been filed. Family support and preservation services are voluntary 
14.31 	unless the services are ordered by the court.
14.32 	(b) When a child's removal from a parent or guardian is necessary as part of a safety 
14.33 	plan, the removal must occur pursuant to a voluntary placement agreement under section 
14.34 	260C.227; a court order under section 260C.151, subdivision 6, 260C.178 or 260C.201; or 
15.1 	peace officer action authorized under section 260C.175, subdivision 1, clause (2). The local 
15.2 	agency must not use a delegation of power by a parent or guardian under section 524.5-211 
15.3 	or the standby custodian provisions of chapter 257B as authority to support removal of a 
15.4 	child from the care of a parent or guardian.
15.5 	(c) The local welfare agency shall consult with the county attorney to determine the 
15.6 	appropriateness of filing a petition alleging the child is in need of protection or services 
15.7 	under section 260C.007, subdivision 6, if:
15.8 	(1) the family does not accept or comply with a plan for child protective services or 
15.9 	safety plan;
15.10 	(2) voluntary child protective services on the part of the family may not provide sufficient 
15.11 	protection for the child; or
15.12 	(3) the family is not cooperating with an investigation or assessment.; or
15.13 	(4) removal of the child from a parent or guardian is necessary and a voluntary placement 
15.14 	agreement under section 260C.227 may not provide sufficient protection for the child.

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

15.16 	Sec. 10. Minnesota Statutes 2016, section 626.558, subdivision 2, is amended to read:
15.17 		Subd. 2.Duties of team. A multidisciplinary child protection team may provide public 
15.18 	and professional education, develop resources for prevention, intervention, and treatment, 
15.19 	and provide case consultation including, but not limited to, screening, to the local welfare 
15.20 	agency or other interested community-based agencies. The community-based agencies may 
15.21 	request case consultation from the multidisciplinary child protection team regarding a child 
15.22 	or family for whom the community-based agency is providing services. As used in this 
15.23 	section, "case consultation" means a case review process in which recommendations are 
15.24 	made concerning services to be provided to the identified children and family and which 
15.25 	may include screening. Case consultation may be performed by a committee or subcommittee 
15.26 	of members representing human services, including mental health and chemical dependency; 
15.27 	law enforcement, including probation and parole; the county attorney; a children's advocacy 
15.28 	center; health care; education; community-based agencies and other necessary agencies; 
15.29 	and persons directly involved in an individual case as designated by other members 
15.30 	performing case consultation.

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

16.1 	ARTICLE 2
16.2 	OPERATIONS

16.3 	Section 1. Minnesota Statutes 2016, section 245A.02, subdivision 3, is amended to read:
16.4 		Subd. 3.Applicant. "Applicant" means an individual, corporation, partnership, voluntary 
16.5 	association, controlling individual, or other organization, or government entity, as defined 
16.6 	in section 13.02, subdivision 7a, that has applied for licensure under this chapter and the 
16.7 	rules of the commissioner is subject to licensure under this chapter and that has applied for 
16.8 	but not yet been granted a license under this chapter.

16.9 	EFFECTIVE DATE. This section is effective August 1, 2017.

16.10 	Sec. 2. Minnesota Statutes 2016, section 245A.02, is amended by adding a subdivision to 
16.11 	read:
16.12 		Subd. 10c.Owner. "Owner" means each individual or organization that has five percent 
16.13 	or more direct or indirect ownership interest in a program licensed under this chapter. For 
16.14 	purposes of this subdivision, "direct ownership interest" means the possession of equity in 
16.15 	capital, stock, or profits of an organization and "indirect ownership interest" means a direct 
16.16 	ownership interest in an entity that has a direct or indirect ownership interest in a licensed 
16.17 	program. For purposes of this chapter, owner of a nonprofit corporation means each member 
16.18 	of the board of directors. A government entity that is issued a license under this chapter 
16.19 	shall be designated the owner.

16.20 	EFFECTIVE DATE. This section is effective August 1, 2017.

16.21 	Sec. 3. Minnesota Statutes 2016, section 245A.03, subdivision 3, is amended to read:
16.22 		Subd. 3.Unlicensed programs. (a) It is a misdemeanor for an individual, corporation, 
16.23 	partnership, voluntary association, other organization, or a controlling individual government 
16.24 	entity to provide a residential or nonresidential program without a license issued under this 
16.25 	chapter and in willful disregard of this chapter unless the program is excluded from licensure 
16.26 	under subdivision 2.
16.27 	(b) The commissioner may ask the appropriate county attorney or the attorney general 
16.28 	to begin proceedings to secure a court order against the continued operation of the program, 
16.29 	if an individual, corporation, partnership, voluntary association, other organization, or 
16.30 	controlling individual government entity has:
17.1 	(1) failed to apply for a license under this chapter after receiving notice that a license is 
17.2 	required or continues to operate without a license after receiving notice that a license is 
17.3 	required;
17.4 	(2) continued to operate without a license after the a license issued under this chapter 
17.5 	has been revoked or suspended under section 245A.07 this chapter, and the commissioner 
17.6 	has issued a final order affirming the revocation or suspension, or the license holder did not 
17.7 	timely appeal the sanction; or
17.8 	(3) continued to operate without a license after the a license issued under this chapter 
17.9 	has been temporarily immediately suspended under section 245A.07 pursuant to this chapter.
17.10 	The county attorney and the attorney general have a duty to cooperate with the commissioner.

17.11 	EFFECTIVE DATE. This section is effective August 1, 2017.

17.12 	Sec. 4. Minnesota Statutes 2016, section 245A.04, subdivision 1, is amended to read:
17.13 		Subdivision 1.Application for licensure. (a) An individual, corporation, partnership, 
17.14 	voluntary association, other organization or controlling individual, or government entity
17.15 	that is subject to licensure under section 245A.03 must apply for a license. The application 
17.16 	must be made on the forms and in the manner prescribed by the commissioner. The 
17.17 	commissioner shall provide the applicant with instruction in completing the application and 
17.18 	provide information about the rules and requirements of other state agencies that affect the 
17.19 	applicant. An applicant seeking licensure in Minnesota with headquarters outside of 
17.20 	Minnesota must have a program office located within the state. An applicant who intends 
17.21 	to buy or otherwise acquire a program or services licensed under this chapter that is owned 
17.22 	by another license holder must comply with the application procedures in this section and 
17.23 	section 245A.03.
17.24 	The commissioner shall act on the application within 90 working days after a complete 
17.25 	application and any required reports have been received from other state agencies or 
17.26 	departments, counties, municipalities, or other political subdivisions. The commissioner 
17.27 	shall not consider an application to be complete until the commissioner receives all of the 
17.28 	information required under section 245C.05.
17.29 	When the commissioner receives an application for initial licensure that is incomplete 
17.30 	because the applicant failed to submit required documents or that is substantially deficient 
17.31 	because the documents submitted do not meet licensing requirements, the commissioner 
17.32 	shall provide the applicant written notice that the application is incomplete or substantially 
17.33 	deficient. In the written notice to the applicant the commissioner shall identify documents 
18.1 	that are missing or deficient and give the applicant 45 days to resubmit a second application 
18.2 	that is substantially complete. An applicant's failure to submit a substantially complete 
18.3 	application after receiving notice from the commissioner is a basis for license denial under 
18.4 	section 245A.05.
18.5 	(b) An application for licensure must identify all controlling individuals as defined in 
18.6 	section 245A.02, subdivision 5a, and must specify an designate one controlling individual 
18.7 	to be the authorized  agent who is responsible for dealing with the commissioner of human 
18.8 	services on all matters provided for in this chapter and on whom service of all notices and 
18.9 	orders must be made for the license holder. The application must be signed by the authorized 
18.10 	agent and must include the first, middle, and last name; mailing address; and e-mail address 
18.11 	of the authorized agent. By submitting an application for licensure, the authorized agent 
18.12 	consents to electronic communication with the commissioner throughout the application 
18.13 	process. The authorized agent must be authorized to accept service on behalf of all of the 
18.14 	controlling individuals of the program. Service on the authorized agent is service on all of 
18.15 	the controlling individuals of the program. It is not a defense to any action arising under 
18.16 	this chapter that service was not made on each controlling individual of the program. The 
18.17 	designation of one or more a controlling individuals individual as agents the authorized 
18.18 	agent under this paragraph does not affect the legal responsibility of any other controlling 
18.19 	individual under this chapter.
18.20 	(c) An applicant or license holder must have a policy that prohibits license holders, 
18.21 	employees, subcontractors, and volunteers, when directly responsible for persons served 
18.22 	by the program, from abusing prescription medication or being in any manner under the 
18.23 	influence of a chemical that impairs the individual's ability to provide services or care. The 
18.24 	license holder must train employees, subcontractors, and volunteers about the program's 
18.25 	drug and alcohol policy.
18.26 	(d) An applicant and license holder must have a program grievance procedure that permits 
18.27 	persons served by the program and their authorized representatives to bring a grievance to 
18.28 	the highest level of authority in the program.
18.29 	(e) The applicant must be able to demonstrate competent knowledge of the applicable 
18.30 	requirements of this chapter and chapter 245C, and the requirements of other licensing 
18.31 	statutes and rules applicable to the program or services for which the applicant is seeking 
18.32 	to be licensed. Effective January 1, 2013, The commissioner may limit communication 
18.33 	during the application process to the authorized agent or the controlling individual identified 
18.34 	on the license application and for whom a background study was initiated under chapter 
18.35 	245C. The commissioner may require the applicant, except for child foster care, to 
19.1 	demonstrate competence in the applicable licensing requirements by successfully completing 
19.2 	a written examination. The commissioner may develop a prescribed written examination 
19.3 	format.
19.4 	(f) When an applicant is an individual, the individual must provide:
19.5 	(1) the applicant's taxpayer identification numbers including the Social Security number
19.6 	or Minnesota tax identification number, and federal employer identification number if the 
19.7 	applicant has employees;
19.8 	(2) a copy of the most recent filing with the secretary of state that includes the complete 
19.9 	business name, if any, and if doing business under a different name, the doing business as 
19.10 	(DBA) name, as registered with the secretary of state; and
19.11 	(3) a notarized signature of the applicant. if applicable, the applicant's National Provider 
19.12 	Identifier (NPI) number and Unique Minnesota Provider Identifier (UMPI) number; and
19.13 	(4) at the request of the commissioner, the notarized signature of the applicant or 
19.14 	authorized agent.
19.15 	(g) When an applicant is a nonindividual an organization, the applicant must provide 
19.16 	the:
19.17 	(1) the applicant's taxpayer identification numbers including the Minnesota tax 
19.18 	identification number and federal employer identification number;
19.19 	(2) a copy of the most recent filing with the secretary of state that includes the complete 
19.20 	business name, and if doing business under a different name, the doing business as (DBA) 
19.21 	name, as registered with the secretary of state;
19.22 	(3) the first, middle, and last name, and address for all individuals who will be controlling 
19.23 	individuals, including all officers, owners, and managerial officials as defined in section 
19.24 	245A.02, subdivision 5a, and the date that the background study was initiated by the applicant 
19.25 	for each controlling individual; and
19.26 	(4) first, middle, and last name, mailing address, and notarized signature of the agent 
19.27 	authorized by the applicant to accept service on behalf of the controlling individuals.
19.28 	(4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique 
19.29 	Minnesota Provider Identifier (UMPI) number;
19.30 	(5) the records that created the organization and that determine its internal governance 
19.31 	and the relations among the persons that own it, have an interest in it, or are members of it, 
19.32 	in each case as provided or authorized by its governing statute, which may include a 
20.1 	partnership agreement, bylaws, articles of organization, organizational chart, and operating 
20.2 	agreement, or comparable documents as provided in the organization's governing statute; 
20.3 	and
20.4 	(6) at the request of the commissioner, the notarized signature of the applicant or 
20.5 	authorized agent.
20.6 	(h) When the applicant is a government entity, the applicant must provide:
20.7 	(1) the name of the government agency, political subdivision, or other unit of government 
20.8 	that is seeking the license and the name of the program or services that will be licensed;
20.9 	(2) the taxpayer identification numbers including the Minnesota tax identification number 
20.10 	and federal employer identification number;
20.11 	(3) a letter signed by the manager, administrator, or other executive of the government 
20.12 	entity authorizing the submission of the license application;
20.13 	(4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique 
20.14 	Minnesota Provider Identifier (UMPI) number; and
20.15 	(5) first, middle, and last name; mailing address; e-mail address; and signature of the 
20.16 	authorized agent for each license issued to the government entity. A government entity that 
20.17 	holds multiple licenses under this chapter may designate one authorized agent for all licenses 
20.18 	issued under this chapter or may designate a different authorized agent for each license.
20.19 	(h) (i) At the time of application for licensure or renewal of a license under this chapter, 
20.20 	the applicant or license holder must acknowledge on the form provided by the commissioner 
20.21 	if the applicant or license holder elects to receive any public funding reimbursement from 
20.22 	the commissioner for services provided under the license that:
20.23 	(1) the applicant's or license holder's compliance with the provider enrollment agreement 
20.24 	or registration requirements for receipt of public funding may be monitored by the 
20.25 	commissioner as part of a licensing investigation or licensing inspection; and
20.26 	(2) noncompliance with the provider enrollment agreement or registration requirements 
20.27 	for receipt of public funding that is identified through a licensing investigation or licensing 
20.28 	inspection, or noncompliance with a licensing requirement that is a basis of enrollment for 
20.29 	reimbursement for a service, may result in:
20.30 	(i) a correction order or a conditional license under section 245A.06, or sanctions under 
20.31 	section sections 245A.045 and245A.07;
21.1 	(ii) nonpayment of claims submitted by the license holder for public program 
21.2 	reimbursement;
21.3 	(iii) recovery of payments made for the service;
21.4 	(iv) disenrollment in the public payment program; or
21.5 	(v) other administrative, civil, or criminal penalties as provided by law.

21.6 	EFFECTIVE DATE. This section is effective August 1, 2017.

21.7 	Sec. 5. Minnesota Statutes 2016, section 245A.07, subdivision 1, is amended to read:
21.8 		Subdivision 1.Sanctions; appeals; license; inactive programs. (a) In addition to 
21.9 	making a license conditional under section 245A.06, the commissioner may suspend or 
21.10 	revoke the license, impose a fine, or secure an injunction against the continuing operation 
21.11 	of the program of a license holder who does not comply with applicable law or rule. When 
21.12 	applying sanctions authorized under this section, the commissioner shall consider the nature, 
21.13 	chronicity, or severity of the violation of law or rule and the effect of the violation on the 
21.14 	health, safety, or rights of persons served by the program.
21.15 	(b) If a license holder appeals the suspension or revocation of a license and the license 
21.16 	holder continues to operate the program pending a final order on the appeal, the commissioner 
21.17 	shall issue the license holder a temporary provisional license. Unless otherwise specified 
21.18 	by the commissioner, variances in effect on the date of the license sanction under appeal 
21.19 	continue under the temporary provisional license. If a license holder fails to comply with 
21.20 	applicable law or rule while operating under a temporary provisional license, the 
21.21 	commissioner may impose additional sanctions under this section and section 245A.06, and 
21.22 	may terminate any prior variance. If a temporary provisional license is set to expire, a new 
21.23 	temporary provisional license shall be issued to the license holder upon payment of any fee 
21.24 	required under section 245A.10. The temporary provisional license shall expire on the date 
21.25 	the final order is issued. If the license holder prevails on the appeal, a new nonprovisional 
21.26 	license shall be issued for the remainder of the current license period.
21.27 	(c) If a license holder is under investigation and the license issued under this chapter is 
21.28 	due to expire before completion of the investigation, the program shall be issued a new 
21.29 	license upon completion of the reapplication requirements and payment of any applicable 
21.30 	license fee. Upon completion of the investigation, a licensing sanction may be imposed 
21.31 	against the new license under this section, section 245A.06, or 245A.08.
21.32 	(d) Failure to reapply or closure of a license issued under this chapter by the license 
21.33 	holder prior to the completion of any investigation shall not preclude the commissioner 
22.1 	from issuing a licensing sanction under this section, or section 245A.06, or 245A.08
22.2 	245A.045 or 245A.06 at the conclusion of the investigation.
22.3 	(e) The commissioner may suspend or close a license when the commissioner determines 
22.4 	that a licensed program has not been serving any clients for a consecutive period of 12 
22.5 	months or longer. The commissioner need not consider nature, severity, or chronicity of 
22.6 	the act when suspending or closing a license under this provision.

22.7 	EFFECTIVE DATE. This section is effective August 1, 2017.

22.8 	Sec. 6. Minnesota Statutes 2016, section 245A.07, subdivision 2, is amended to read:
22.9 		Subd. 2.Temporary immediate suspension. (a) The commissioner shall act immediately 
22.10 	to temporarily suspend a license issued under this chapter if:
22.11 	(1) the license holder's actions or failure to comply with applicable law or rule, or the 
22.12 	actions of other individuals or conditions in the program, pose an imminent risk of harm to 
22.13 	the health, safety, or rights of persons served by the program; or
22.14 	(2) while the program continues to operate pending an appeal of an order of revocation, 
22.15 	the commissioner identifies one or more subsequent violations of law or rule which may 
22.16 	adversely affect the health or safety of persons served by the program; or
22.17 	(3) the license holder has been criminally charged in state or federal court with an offense 
22.18 	that involves fraud or theft against a program administered by the commissioner.
22.19 	(b) No state funds shall be made available or be expended by any agency or department 
22.20 	of state, county, or municipal government for use by a license holder regulated under this 
22.21 	chapter while a license issued under this chapter is under immediate suspension. A notice 
22.22 	stating the reasons for the immediate suspension and informing the license holder of the 
22.23 	right to an expedited hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 
22.24 	1400.8612, must be delivered by personal service to the address shown on the application 
22.25 	or the last known address of the license holder. The license holder may appeal an order 
22.26 	immediately suspending a license. The appeal of an order immediately suspending a license 
22.27 	must be made in writing by certified mail or, by personal service, or by other means expressly 
22.28 	set forth in the commissioner's order. If mailed, the appeal must be postmarked and sent to 
22.29 	the commissioner within five calendar days after the license holder receives notice that the 
22.30 	license has been immediately suspended. If a request is made by personal service, it must 
22.31 	be received by the commissioner within five calendar days after the license holder received 
22.32 	the order. A license holder and any controlling individual shall discontinue operation of the 
22.33 	program upon receipt of the commissioner's order to immediately suspend the license.

23.1 	EFFECTIVE DATE. This section is effective August 1, 2017.

23.2 	Sec. 7. Minnesota Statutes 2016, section 245A.07, subdivision 2a, is amended to read:
23.3 		Subd. 2a.Immediate suspension expedited hearing. (a) Within five working days of 
23.4 	receipt of the license holder's timely appeal, the commissioner shall request assignment of 
23.5 	an administrative law judge. The request must include a proposed date, time, and place of 
23.6 	a hearing. A hearing must be conducted by an administrative law judge within 30 calendar 
23.7 	days of the request for assignment, unless an extension is requested by either party and 
23.8 	granted by the administrative law judge for good cause. The commissioner shall issue a 
23.9 	notice of hearing by certified mail or personal service at least ten working days before the 
23.10 	hearing. The scope of the hearing shall be limited solely to the issue of whether the temporary 
23.11 	immediate suspension should remain in effect pending the commissioner's final order under 
23.12 	section 245A.08, regarding a licensing sanction issued under subdivision 3 following the 
23.13 	immediate suspension. For suspensions under subdivision 2, paragraph (a), clause (1), the 
23.14 	burden of proof in expedited hearings under this subdivision shall be limited to the 
23.15 	commissioner's demonstration that reasonable cause exists to believe that the license holder's 
23.16 	actions or failure to comply with applicable law or rule poses, or the actions of other 
23.17 	individuals or conditions in the program poses an imminent risk of harm to the health, safety, 
23.18 	or rights of persons served by the program. "Reasonable cause" means there exist specific 
23.19 	articulable facts or circumstances which provide the commissioner with a reasonable 
23.20 	suspicion that there is an imminent risk of harm to the health, safety, or rights of persons 
23.21 	served by the program. When the commissioner has determined there is reasonable cause 
23.22 	to order the temporary immediate suspension of a license based on a violation of safe sleep 
23.23 	requirements, as defined in section 245A.1435, the commissioner is not required to 
23.24 	demonstrate that an infant died or was injured as a result of the safe sleep violations. For 
23.25 	suspensions under subdivision 2, paragraph (a), clause (2), the burden of proof in expedited 
23.26 	hearings under this subdivision shall be limited to the commissioner's demonstration by a 
23.27 	preponderance of evidence that, since the license was revoked, the license holder committed 
23.28 	additional violations of law or rule which may adversely affect the health or safety of persons 
23.29 	served by the program.
23.30 	(b) The administrative law judge shall issue findings of fact, conclusions, and a 
23.31 	recommendation within ten working days from the date of hearing. The parties shall have 
23.32 	ten calendar days to submit exceptions to the administrative law judge's report. The record 
23.33 	shall close at the end of the ten-day period for submission of exceptions. The commissioner's 
23.34 	final order shall be issued within ten working days from the close of the record. When an 
23.35 	appeal of a temporary immediate suspension is withdrawn or dismissed, the commissioner 
24.1 	shall issue a final order affirming the temporary immediate suspension within ten calendar 
24.2 	days of the commissioner's receipt of the withdrawal or dismissal. Within 90 calendar days 
24.3 	after a final order affirming an immediate suspension, the commissioner shall make a 
24.4 	determination regarding whether a final licensing sanction shall be issued under subdivision 
24.5 	3. The license holder shall continue to be prohibited from operation of the program during 
24.6 	this 90-day period.
24.7 	(c) When the final order under paragraph (b) affirms an immediate suspension, and a 
24.8 	final licensing sanction is issued under subdivision 3 and the license holder appeals that 
24.9 	sanction, the license holder continues to be prohibited from operation of the program pending 
24.10 	a final commissioner's order under section 245A.08, subdivision 5, regarding the final 
24.11 	licensing sanction. For suspensions under subdivision 2, paragraph (a), clause (3), the burden 
24.12 	of proof in expedited hearings under this subdivision shall be limited to the commissioner's 
24.13 	demonstration by a preponderance of evidence that a criminal complaint and warrant or 
24.14 	summons has been issued against the license holder that has not been dismissed, and that 
24.15 	the criminal charge is an offense that involves fraud or theft against a program administered 
24.16 	by the commissioner.

24.17 	Sec. 8. Minnesota Statutes 2016, section 245A.07, subdivision 3, is amended to read:
24.18 		Subd. 3.License suspension, revocation, or fine. (a) The commissioner may suspend 
24.19 	or revoke a license, or impose a fine if:
24.20 	(1) a license holder fails to comply fully with applicable laws or rules including, but not 
24.21 	limited to, this chapter and chapters 119B and 245C;
24.22 	(2) a license holder, a controlling individual, or an individual living in the household 
24.23 	where the licensed services are provided or is otherwise subject to a background study has 
24.24 	a disqualification which has not been set aside under section 245C.22;
24.25 	(3) a license holder knowingly withholds relevant information from or gives false or 
24.26 	misleading information to the commissioner in connection with an application for a license, 
24.27 	in connection with the background study status of an individual, during an investigation, 
24.28 	or regarding compliance with applicable laws or rules; or
24.29 	(4) after July 1, 2012, and upon request by the commissioner, a license holder fails to 
24.30 	submit the information required of an applicant under section 245A.04, subdivision 1, 
24.31 	paragraph (f) or (g) a license holder is prohibited from holding a license according to section 
24.32 	245.095.
25.1 	A license holder who has had a license issued under this chapter suspended, revoked, 
25.2 	or has been ordered to pay a fine must be given notice of the action by certified mail or 
25.3 	personal service. If mailed, the notice must be mailed to the address shown on the application 
25.4 	or the last known address of the license holder. The notice must state the reasons the license 
25.5 	was suspended, revoked, or a fine was ordered.
25.6 	(b) If the license was suspended or revoked, the notice must inform the license holder 
25.7 	of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 
25.8 	1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking 
25.9 	a license. The appeal of an order suspending or revoking a license must be made in writing 
25.10 	by certified mail or personal service. If mailed, the appeal must be postmarked and sent to 
25.11 	the commissioner within ten calendar days after the license holder receives notice that the 
25.12 	license has been suspended or revoked. If a request is made by personal service, it must be 
25.13 	received by the commissioner within ten calendar days after the license holder received the 
25.14 	order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a 
25.15 	timely appeal of an order suspending or revoking a license, the license holder may continue 
25.16 	to operate the program as provided in section 245A.04, subdivision 7, paragraphs (g) (f)
25.17 	and (h) (g), until the commissioner issues a final order on the suspension or revocation.
25.18 	(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license 
25.19 	holder of the responsibility for payment of fines and the right to a contested case hearing 
25.20 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an 
25.21 	order to pay a fine must be made in writing by certified mail or personal service. If mailed, 
25.22 	the appeal must be postmarked and sent to the commissioner within ten calendar days after 
25.23 	the license holder receives notice that the fine has been ordered. If a request is made by 
25.24 	personal service, it must be received by the commissioner within ten calendar days after 
25.25 	the license holder received the order.
25.26 	(2) The license holder shall pay the fines assessed on or before the payment date specified. 
25.27 	If the license holder fails to fully comply with the order, the commissioner may issue a 
25.28 	second fine or suspend the license until the license holder complies. If the license holder 
25.29 	receives state funds, the state, county, or municipal agencies or departments responsible for 
25.30 	administering the funds shall withhold payments and recover any payments made while the 
25.31 	license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine 
25.32 	until the commissioner issues a final order.
25.33 	(3) A license holder shall promptly notify the commissioner of human services, in writing, 
25.34 	when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the 
25.35 	commissioner determines that a violation has not been corrected as indicated by the order 
26.1 	to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify 
26.2 	the license holder by certified mail or personal service that a second fine has been assessed. 
26.3 	The license holder may appeal the second fine as provided under this subdivision.
26.4 	(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for each 
26.5 	determination of maltreatment of a child under section 626.556 or the maltreatment of a 
26.6 	vulnerable adult under section 626.557 for which the license holder is determined responsible 
26.7 	for the maltreatment under section 626.556, subdivision 10e, paragraph (i), or 626.557, 
26.8 	subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each occurrence of 
26.9 	a violation of law or rule governing matters of health, safety, or supervision, including but 
26.10 	not limited to the provision of adequate staff-to-child or adult ratios, and failure to comply 
26.11 	with background study requirements under chapter 245C; and the license holder shall forfeit 
26.12 	$100 for each occurrence of a violation of law or rule other than those subject to a $1,000 
26.13 	or $200 fine above. For purposes of this section, "occurrence" means each violation identified 
26.14 	in the commissioner's fine order. Fines assessed against a license holder that holds a license 
26.15 	to provide home and community-based services, as identified in section 245D.03, subdivision 
26.16 	1, and a community residential setting or day services facility license under chapter 245D 
26.17 	where the services are provided, may be assessed against both licenses for the same 
26.18 	occurrence, but the combined amount of the fines shall not exceed the amount specified in 
26.19 	this clause for that occurrence.
26.20 	(5) When a fine has been assessed, the license holder may not avoid payment by closing, 
26.21 	selling, or otherwise transferring the licensed program to a third party. In such an event, the 
26.22 	license holder will be personally liable for payment. In the case of a corporation, each 
26.23 	controlling individual is personally and jointly liable for payment.
26.24 	(d) Except for background study violations involving the failure to comply with an order 
26.25 	to immediately remove an individual or an order to provide continuous, direct supervision, 
26.26 	the commissioner shall not issue a fine under paragraph (c) relating to a background study 
26.27 	violation to a license holder who self-corrects a background study violation before the 
26.28 	commissioner discovers the violation. A license holder who has previously exercised the 
26.29 	provisions of this paragraph to avoid a fine for a background study violation may not avoid 
26.30 	a fine for a subsequent background study violation unless at least 365 days have passed 
26.31 	since the license holder self-corrected the earlier background study violation.

26.32 	EFFECTIVE DATE. This section is effective August 1, 2017.

27.1 	Sec. 9. Minnesota Statutes 2016, section 245A.08, subdivision 3, is amended to read:
27.2 		Subd. 3.Burden of proof. (a) At a hearing regarding a licensing sanction under section 
27.3 	245A.07, including consolidated hearings under subdivision 2a, the commissioner may 
27.4 	demonstrate reasonable cause for action taken by submitting statements, reports, or affidavits 
27.5 	to substantiate the allegations that the license holder failed to comply fully with applicable 
27.6 	law or rule. If the commissioner demonstrates that reasonable cause existed, the burden of 
27.7 	proof shifts to the license holder to demonstrate by a preponderance of the evidence that 
27.8 	the license holder was in full compliance with those laws or rules that the commissioner 
27.9 	alleges the license holder violated, at the time that the commissioner alleges the violations 
27.10 	of law or rules occurred.
27.11 	(b) At a hearing on denial of an application for a license or to convert a provisional 
27.12 	license issued under section 245A.045 into a license, the applicant bears the burden of proof 
27.13 	to demonstrate by a preponderance of the evidence that the appellant has complied fully 
27.14 	with this chapter and other applicable law or rule and that the application should be approved 
27.15 	and a license granted.

27.16 	EFFECTIVE DATE. This section is effective August 1, 2017.

27.17 	Sec. 10. Minnesota Statutes 2016, section 245C.02, subdivision 5, is amended to read:
27.18 		Subd. 5.Background study. "Background study" means the review of records conducted 
27.19 	by the commissioner to determine whether a subject is disqualified from direct contact with 
27.20 	persons served by a program and, where specifically provided in statutes, whether a subject 
27.21 	is disqualified from having access to persons served by a program. If required by law, the 
27.22 	background study must include a national criminal history record check.

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

27.24 	Sec. 11. Minnesota Statutes 2016, section 245C.02, is amended by adding a subdivision 
27.25 	to read:
27.26 		Subd. 5a.National criminal history record check. "National criminal history record 
27.27 	check" means a check of records maintained by the Federal Bureau of Investigation through 
27.28 	submission of fingerprints through the Minnesota Bureau of Criminal Apprehension to the 
27.29 	Federal Bureau of Investigation, when specifically required by law.

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

28.1 	Sec. 12. Minnesota Statutes 2016, section 245C.02, is amended by adding a subdivision 
28.2 	to read:
28.3 		Subd. 5b.National criminal records repository. For purposes of background studies 
28.4 	conducted under this chapter, "national criminal records repository" refers to the Federal 
28.5 	Bureau of Investigation.

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

28.7 	Sec. 13. Minnesota Statutes 2016, section 245C.02, subdivision 13b, is amended to read:
28.8 		Subd. 13b.NETStudy 2.0. "NETStudy 2.0" means the commissioner's system that 
28.9 	replaces both NETStudy and the department's internal background study processing system. 
28.10 	NETStudy 2.0 is designed to enhance protection of children and vulnerable adults by 
28.11 	improving the accuracy of background studies through fingerprint-based criminal record 
28.12 	checks and expanding the background studies to include a review of information from the 
28.13 	Minnesota Court Information System and the national crime information database a national 
28.14 	criminal history record check. NETStudy 2.0 is also designed to increase efficiencies in and 
28.15 	the speed of the hiring process by:
28.16 	(1) providing access to and updates from public Web-based data related to employment 
28.17 	eligibility;
28.18 	(2) decreasing the need for repeat studies through electronic updates of background 
28.19 	study subjects' criminal records;
28.20 	(3) supporting identity verification using subjects' Social Security numbers and 
28.21 	photographs;
28.22 	(4) using electronic employer notifications; and
28.23 	(5) issuing immediate verification of subjects' eligibility to provide services as more 
28.24 	studies are completed under the NETStudy 2.0 system.

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

28.26 	Sec. 14. Minnesota Statutes 2016, section 245C.05, subdivision 1, is amended to read:
28.27 		Subdivision 1.Individual studied. (a) The individual who is the subject of the 
28.28 	background study must provide the applicant, license holder, or other entity under section 
28.29 	245C.04 with sufficient information to ensure an accurate study, including:
28.30 	(1) the individual's first, middle, and last name and all other names by which the 
28.31 	individual has been known;
29.1 	(2) current home address, city, and state of residence;
29.2 	(3) current zip code;
29.3 	(4) sex;
29.4 	(5) date of birth;
29.5 	(6) driver's license number or state identification number; and
29.6 	(7) upon implementation of NETStudy 2.0, the home address, city, county, and state of 
29.7 	residence for the past five years.
29.8 	(b) Every subject of a background study conducted or initiated by counties or private 
29.9 	agencies under this chapter must also provide the home address, city, county, and state of 
29.10 	residence for the past five years.
29.11 	(c) Every subject of a background study related to private agency adoptions or related 
29.12 	to child foster care licensed through a private agency, who is 18 years of age or older, shall 
29.13 	also provide the commissioner a signed consent for the release of any information received 
29.14 	from national crime information databases following a national criminal history record 
29.15 	check to the private agency that initiated the background study.
29.16 	(d) The subject of a background study shall provide fingerprints and a photograph as 
29.17 	required in subdivision 5.

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

29.19 	Sec. 15. Minnesota Statutes 2016, section 245C.05, subdivision 5, is amended to read:
29.20 		Subd. 5.Fingerprints and photograph. (a) Before the implementation of NETStudy 
29.21 	2.0, except as provided in paragraph (c), for any background study completed under this 
29.22 	chapter, when the commissioner has reasonable cause to believe that further pertinent 
29.23 	information may exist on the subject of the background study, the subject shall provide the 
29.24 	commissioner with a set of classifiable fingerprints obtained from an authorized agency for 
29.25 	a national criminal history record check.
29.26 	(b) Before the implementation of NETStudy 2.0, for purposes of requiring fingerprints
29.27 	for a national criminal history record check, the commissioner has reasonable cause when, 
29.28 	but not limited to, the:
29.29 	(1) information from the Bureau of Criminal Apprehension indicates that the subject is 
29.30 	a multistate offender;
30.1 	(2) information from the Bureau of Criminal Apprehension indicates that multistate 
30.2 	offender status is undetermined; or
30.3 	(3) commissioner has received a report from the subject or a third party indicating that 
30.4 	the subject has a criminal history in a jurisdiction other than Minnesota.
30.5 	(c) Notwithstanding paragraph (d), for background studies conducted by the commissioner 
30.6 	for child foster care, adoptions, or a transfer of permanent legal and physical custody of a 
30.7 	child, the subject of the background study, who is 18 years of age or older, shall provide 
30.8 	the commissioner with a set of classifiable fingerprints obtained from an authorized agency
30.9 	for a national criminal history record check.
30.10 	(d) For background studies initiated on or after the implementation of NETStudy 2.0, 
30.11 	every subject of a background study must provide the commissioner with a set of the 
30.12 	background study subject's classifiable fingerprints and photograph. The photograph and 
30.13 	fingerprints must be recorded at the same time by the commissioner's authorized fingerprint 
30.14 	collection vendor and sent to the commissioner through the commissioner's secure data 
30.15 	system described in section 245C.32, subdivision 1a, paragraph (b). The fingerprints shall 
30.16 	not be retained by the Department of Public Safety, Bureau of Criminal Apprehension, or 
30.17 	the commissioner, but will be retained by the Federal Bureau of Investigation. The 
30.18 	commissioner's authorized fingerprint collection vendor shall, for purposes of verifying the 
30.19 	identity of the background study subject, be able to view the identifying information entered 
30.20 	into NETStudy 2.0 by the entity that initiated the background study, but shall not retain the 
30.21 	subject's fingerprints, photograph, or information from NETStudy 2.0. The authorized 
30.22 	fingerprint collection vendor shall retain no more than the name and date and time the 
30.23 	subject's fingerprints were recorded and sent, only as necessary for auditing and billing 
30.24 	activities.

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

30.26 	Sec. 16. Minnesota Statutes 2016, section 245C.08, subdivision 1, is amended to read:
30.27 		Subdivision 1.Background studies conducted by Department of Human Services.
 30.28 	(a) For a background study conducted by the Department of Human Services, the 
30.29 	commissioner shall review:
30.30 	(1) information related to names of substantiated perpetrators of maltreatment of 
30.31 	vulnerable adults that has been received by the commissioner as required under section 
30.32 	626.557, subdivision 9c, paragraph (j);
31.1 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
31.2 	programs, and from findings of maltreatment of minors as indicated through the social 
31.3 	service information system;
31.4 	(3) information from juvenile courts as required in subdivision 4 for individuals listed 
31.5 	in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
31.6 	(4) information from the Bureau of Criminal Apprehension, including information 
31.7 	regarding a background study subject's registration in Minnesota as a predatory offender 
31.8 	under section 243.166;
31.9 	(5) except as provided in clause (6), information from the national crime information 
31.10 	system received as a result of a national criminal history record check when the commissioner 
31.11 	has reasonable cause as defined under section 245C.05, subdivision 5, or as required under 
31.12 	section 144.057, subdivision 1, clause (2); and
31.13 	(6) for a background study related to a child foster care application for licensure, a 
31.14 	transfer of permanent legal and physical custody of a child under sections 260C.503 to 
31.15 	260C.515, or adoptions, the commissioner shall also review:
31.16 	(i) information from the child abuse and neglect registry for any state in which the 
31.17 	background study subject has resided for the past five years; and
31.18 	(ii) information from national crime information databases, when the background study 
31.19 	subject is 18 years of age or older, information received from a national criminal history 
31.20 	record check.
31.21 	(b) Notwithstanding expungement by a court, the commissioner may consider information 
31.22 	obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice 
31.23 	of the petition for expungement and the court order for expungement is directed specifically 
31.24 	to the commissioner.
31.25 	(c) The commissioner shall also review criminal case information received according 
31.26 	to section 245C.04, subdivision 4a, from the Minnesota court information system that relates 
31.27 	to individuals who have already been studied under this chapter and who remain affiliated 
31.28 	with the agency that initiated the background study.
31.29 	(d) When the commissioner has reasonable cause to believe that the identity of a 
31.30 	background study subject is uncertain, the commissioner may require the subject to provide 
31.31 	a set of classifiable fingerprints for purposes of completing a fingerprint-based record check 
31.32 	with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph 
32.1 	shall not be saved by the commissioner after they have been used to verify the identity of 
32.2 	the background study subject against the particular criminal record in question.
32.3 	(e) The commissioner may inform the entity that initiated a background study under 
32.4 	NETStudy 2.0 of the status of processing of the subject's fingerprints.

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

32.6 	Sec. 17. Minnesota Statutes 2016, section 245C.08, subdivision 3, is amended to read:
32.7 		Subd. 3.Arrest and investigative information. (a) For any background study completed 
32.8 	under this section, if the commissioner has reasonable cause to believe the information is 
32.9 	pertinent to the disqualification of an individual, the commissioner also may review arrest 
32.10 	and investigative information from:
32.11 	(1) the Bureau of Criminal Apprehension;
32.12 	(2) the commissioner of health;
32.13 	(3) a county attorney;
32.14 	(4) a county sheriff;
32.15 	(5) a county agency;
32.16 	(6) a local chief of police;
32.17 	(7) other states;
32.18 	(8) the courts;
32.19 	(9) the Federal Bureau of Investigation received by the commissioner following a national 
32.20 	criminal history record check;
32.21 	(10) the National Criminal Records Repository; and
32.22 	(11) criminal records from other states.
32.23 	(b) The commissioner is not required to conduct more than one review of a subject's 
32.24 	records from the Federal Bureau of Investigation if a review of the subject's criminal history 
32.25 	with the Federal Bureau of Investigation national criminal history record check has already 
32.26 	been completed by the commissioner and there has been no break in the subject's affiliation 
32.27 	with the license holder who initiated the background study.

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

33.1 	Sec. 18. Minnesota Statutes 2016, section 245C.12, is amended to read:
33.2 	245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.
33.3 	(a) For the purposes of background studies completed by tribal organizations performing 
33.4 	licensing activities otherwise required of the commissioner under this chapter, after obtaining 
33.5 	consent from the background study subject, tribal licensing agencies shall have access to 
33.6 	criminal history data in the same manner as county licensing agencies and private licensing 
33.7 	agencies under this chapter.
33.8 	(b) Tribal organizations may contract with the commissioner to obtain background study 
33.9 	data on individuals under tribal jurisdiction related to adoptions according to section 245C.34. 
33.10 	Tribal organizations may also contract with the commissioner to obtain background study 
33.11 	data on individuals under tribal jurisdiction related to child foster care according to section 
33.12 	245C.34.
33.13 	(c) For the purposes of background studies completed to comply with a tribal 
33.14 	organization's licensing requirements for individuals affiliated with a tribally licensed nursing 
33.15 	facility, the commissioner shall obtain criminal history data from the National Criminal 
33.16 	Records Repository national criminal history record check in accordance with section 
33.17 	245C.32.

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

33.19 	Sec. 19. Minnesota Statutes 2016, section 245C.32, subdivision 1a, is amended to read:
33.20 		Subd. 1a.NETStudy 2.0 system. (a) The commissioner shall design, develop, and test 
33.21 	the NETStudy 2.0 system and implement it no later than September 1, 2015.
33.22 	(b) The NETStudy 2.0 system developed and implemented by the commissioner shall 
33.23 	incorporate and meet all applicable data security standards and policies required by the 
33.24 	Federal Bureau of Investigation (FBI), Department of Public Safety, Bureau of Criminal 
33.25 	Apprehension, and the Office of MN.IT Services. The system shall meet all required 
33.26 	standards for encryption of data at the database level as well as encryption of data that 
33.27 	travels electronically among agencies initiating background studies, the commissioner's 
33.28 	authorized fingerprint collection vendor, the commissioner, the Bureau of Criminal 
33.29 	Apprehension, and in cases involving national criminal history record checks, the FBI.
33.30 	(c) The data system developed and implemented by the commissioner shall incorporate 
33.31 	a system of data security that allows the commissioner to control access to the data field 
33.32 	level by the commissioner's employees. The commissioner shall establish that employees 
34.1 	have access to the minimum amount of private data on any individual as is necessary to 
34.2 	perform their duties under this chapter.
34.3 	(d) The commissioner shall oversee regular quality and compliance audits of the 
34.4 	authorized fingerprint collection vendor.

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

34.6 	Sec. 20. Minnesota Statutes 2016, section 245C.32, subdivision 2, is amended to read:
34.7 		Subd. 2.Use. (a) The commissioner may also use these systems and records to obtain 
34.8 	and provide criminal history data from the Bureau of Criminal Apprehension, criminal 
34.9 	history data held by the commissioner, and data about substantiated maltreatment under 
34.10 	section 626.556 or 626.557, for other purposes, provided that:
34.11 	(1) the background study is specifically authorized in statute; or
34.12 	(2) the request is made with the informed consent of the subject of the study as provided 
34.13 	in section 13.05, subdivision 4.
34.14 	(b) An individual making a request under paragraph (a), clause (2), must agree in writing 
34.15 	not to disclose the data to any other individual without the consent of the subject of the data.
34.16 	(c) The commissioner may recover the cost of obtaining and providing background study 
34.17 	data by charging the individual or entity requesting the study a fee of no more than $20 per 
34.18 	study. The fees collected under this paragraph are appropriated to the commissioner for the 
34.19 	purpose of conducting background studies.
34.20 	(d) The commissioner shall recover the cost of obtaining background study data required 
34.21 	under section 524.5-118 through a fee of $50 per study for an individual who has not lived 
34.22 	outside Minnesota for the past ten years, and a fee of $100 for an individual who has resided 
34.23 	outside of Minnesota for any period during the ten years preceding the background study. 
34.24 	The commissioner shall recover, from the individual, any additional fees charged by other 
34.25 	states' licensing agencies that are associated with these data requests. Fees under subdivision 
34.26 	3 also apply when criminal history data from the National Criminal Records Repository is 
34.27 	required, as required by law, the background study includes a national criminal history 
34.28 	record check.

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

35.1 	Sec. 21. Minnesota Statutes 2016, section 245C.32, subdivision 3, is amended to read:
35.2 		Subd. 3.National records search. (a) When specifically required by statute, the 
35.3 	commissioner shall also obtain criminal history data from the National Criminal Records 
35.4 	Repository background study shall include a national criminal history record check.
35.5 	(b) To obtain criminal history data from the National Criminal Records Repository
35.6 	Federal Bureau of Investigation, the commissioner shall require classifiable fingerprints of 
35.7 	the data subject and must submit these fingerprint requests through the Bureau of Criminal 
35.8 	Apprehension.
35.9 	(c) The commissioner may require the background study subject to submit fingerprint 
35.10 	images electronically. The commissioner may not require electronic fingerprint images until 
35.11 	the electronic recording and transfer system is available for noncriminal justice purposes 
35.12 	and the necessary equipment is in use in the law enforcement agency in the background 
35.13 	study subject's local community.
35.14 	(d) The commissioner may recover the cost of obtaining and providing criminal history 
35.15 	data from the National Criminal Records Repository, including a national criminal history 
35.16 	record check, by charging the individual or entity requesting the study a fee of no more than 
35.17 	$30 per study. The fees collected under this subdivision are appropriated to the commissioner 
35.18 	for the purpose of obtaining criminal history data from the National Criminal Records 
35.19 	Repository a national criminal history record check.

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

35.21 	Sec. 22. Minnesota Statutes 2016, section 245C.33, subdivision 4, is amended to read:
35.22 		Subd. 4.Information commissioner reviews. (a) The commissioner shall review the 
35.23 	following information regarding the background study subject:
35.24 	(1) the information under section 245C.08, subdivisions 1, 3, and 4;
35.25 	(2) information from the child abuse and neglect registry for any state in which the 
35.26 	subject has resided for the past five years; and
35.27 	(3) information from national crime information databases received following a national 
35.28 	criminal history record check, when required under section 245C.08.
35.29 	(b) The commissioner shall provide any information collected under this subdivision to 
35.30 	the county or private agency that initiated the background study. The commissioner shall 
35.31 	also provide the agency:
36.1 	(1) notice whether the information collected shows that the subject of the background 
36.2 	study has a conviction listed in United States Code, title 42, section 671(a)(20)(A); and
36.3 	(2) for background studies conducted under subdivision 1, paragraph (a), the date of all 
36.4 	adoption-related background studies completed on the subject by the commissioner after 
36.5 	June 30, 2007, and the name of the county or private agency that initiated the adoption-related 
36.6 	background study.

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

36.8 	Sec. 23. Minnesota Statutes 2016, section 245C.34, subdivision 4, is amended to read:
36.9 		Subd. 4.Information commissioner reviews. (a) The commissioner shall review the 
36.10 	following information regarding the background study subject:
36.11 	(1) the information under section 245C.08, subdivisions 1, 3, and 4;
36.12 	(2) information from the child abuse and neglect registry for any state in which the 
36.13 	subject has resided for the past five years; and
36.14 	(3) information from national crime information databases a national criminal history 
36.15 	record check, when required under section 245C.08.
36.16 	(b) The commissioner shall provide any information collected under this subdivision to 
36.17 	the tribal organization that initiated the background study. The commissioner shall indicate 
36.18 	if the information collected shows that the subject of the background study has a conviction 
36.19 	listed in United States Code, title 42, section 671(a)(20)(A).

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

36.21 	Sec. 24. Minnesota Statutes 2016, section 253D.28, subdivision 3, is amended to read:
36.22 		Subd. 3.Decision. A majority of the judicial appeal panel shall rule upon the petition. 
36.23 	The panel shall consider the petition de novo. No order of the judicial appeal panel granting 
36.24 	a transfer, or provisional discharge, or provisional discharge shall be made effective sooner 
36.25 	than 15 days after it is issued. No order of the judicial appeal panel granting discharge shall 
36.26 	be made effective sooner than 30 days after it is issued. The panel may not consider petitions 
36.27 	for relief other than those considered by the special review board from which the appeal is 
36.28 	taken. The judicial appeal panel may not grant a transfer or provisional discharge on terms 
36.29 	or conditions that were not presented to the special review board.

37.1 	ARTICLE 3
37.2 	WELFARE SYSTEM DATA SHARING

37.3 	Section 1. Minnesota Statutes 2016, section 13.32, is amended by adding a subdivision 
37.4 	to read:
37.5 		Subd. 12.Access by welfare system. County personnel in the welfare  system may 
37.6 	request access to education data in order to coordinate services for a student or family. The 
37.7 	request must be submitted to the chief administrative officer of the school and must include 
37.8 	the basis for the request and a description of the information that is requested. The chief 
37.9 	administrative officer must provide a copy of the request to the parent or legal guardian of 
37.10 	the student who is the subject of the request, along with a form the parent or legal guardian 
37.11 	may execute to consent to the release of specified information to the requestor. Education 
37.12 	data may be released under this subdivision only if the parent or legal guardian gives 
37.13 	informed consent to the release.

37.14 	Sec. 2. Minnesota Statutes 2016, section 13.46, subdivision 1, is amended to read:
37.15 		Subdivision 1.Definitions. As used in this section:
37.16 	(a) "Individual" means an individual according to section 13.02, subdivision 8, but does 
37.17 	not include a vendor of services.
37.18 	(b) "Program" includes all programs for which authority is vested in a component of the 
37.19 	welfare system according to statute or federal law, including, but not limited to, Native 
37.20 	American tribe programs that provide a service component of the welfare system, the aid 
37.21 	to families with dependent children program formerly codified in sections 256.72 to 256.87, 
37.22 	Minnesota family investment program, temporary assistance for needy families program, 
37.23 	medical assistance, general assistance, general assistance medical care formerly codified in 
37.24 	chapter 256D, child care assistance program, and child support collections.
37.25 	(c) "Welfare system" includes the Department of Human Services, local social services 
37.26 	agencies, county welfare agencies, county public health agencies, county veteran services 
37.27 	agencies, county housing agencies, private licensing agencies, the public authority responsible 
37.28 	for child support enforcement, human services boards, community mental health center 
37.29 	boards, state hospitals, state nursing homes, the ombudsman for mental health and 
37.30 	developmental disabilities, Native American tribes to the extent a tribe provides a service 
37.31 	component of the welfare system, and persons, agencies, institutions, organizations, and 
37.32 	other entities under contract to any of the above agencies to the extent specified in the 
37.33 	contract.
38.1 	(d) "Mental health data" means data on individual clients and patients of community 
38.2 	mental health centers, established under section 245.62, mental health divisions of counties 
38.3 	and other providers under contract to deliver mental health services, or the ombudsman for 
38.4 	mental health and developmental disabilities.
38.5 	(e) "Fugitive felon" means a person who has been convicted of a felony and who has 
38.6 	escaped from confinement or violated the terms of probation or parole for that offense.
38.7 	(f) "Private licensing agency" means an agency licensed by the commissioner of human 
38.8 	services under chapter 245A to perform the duties under section 245A.16.

38.9 	Sec. 3. Minnesota Statutes 2016, section 13.46, subdivision 2, is amended to read:
38.10 		Subd. 2.General. (a) Data on individuals collected, maintained, used, or disseminated 
38.11 	by the welfare system are private data on individuals, and shall not be disclosed except:
38.12 	(1) according to section 13.05;
38.13 	(2) according to court order;
38.14 	(3) according to a statute specifically authorizing access to the private data;
38.15 	(4) to an agent of the welfare system and an investigator acting on behalf of a county, 
38.16 	the state, or the federal government, including a law enforcement person or attorney in the 
38.17 	investigation or prosecution of a criminal, civil, or administrative proceeding relating to the 
38.18 	administration of a program;
38.19 	(5) to personnel of the welfare system who require the data to verify an individual's 
38.20 	identity; determine eligibility, amount of assistance, and the need to provide services to an 
38.21 	individual or family across programs; coordinate services for an individual or family; 
38.22 	evaluate the effectiveness of programs; assess parental contribution amounts; and investigate 
38.23 	suspected fraud;
38.24 	(6) to administer federal funds or programs;
38.25 	(7) between personnel of the welfare system working in the same program;
38.26 	(8) to the Department of Revenue to assess parental contribution amounts for purposes 
38.27 	of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs 
38.28 	and to identify individuals who may benefit from these programs. The following information 
38.29 	may be disclosed under this paragraph: an individual's and their dependent's names, dates 
38.30 	of birth, Social Security numbers, income, addresses, and other data as required, upon 
38.31 	request by the Department of Revenue. Disclosures by the commissioner of revenue to the 
38.32 	commissioner of human services for the purposes described in this clause are governed by 
39.1 	section 270B.14, subdivision 1. Tax refund or tax credit programs include, but are not limited 
39.2 	to, the dependent care credit under section 290.067, the Minnesota working family credit 
39.3 	under section 290.0671, the property tax refund and rental credit under section 290A.04, 
39.4 	and the Minnesota education credit under section 290.0674;
39.5 	(9) between the Department of Human Services, the Department of Employment and 
39.6 	Economic Development, and when applicable, the Department of Education, for the following 
39.7 	purposes:
39.8 	(i) to monitor the eligibility of the data subject for unemployment benefits, for any 
39.9 	employment or training program administered, supervised, or certified by that agency;
39.10 	(ii) to administer any rehabilitation program or child care assistance program, whether 
39.11 	alone or in conjunction with the welfare system;
39.12 	(iii) to monitor and evaluate the Minnesota family investment program or the child care 
39.13 	assistance program by exchanging data on recipients and former recipients of food support, 
39.14 	cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 
39.15 	119B, medical programs under chapter 256B or 256L, or a medical program formerly 
39.16 	codified under chapter 256D; and
39.17 	(iv) to analyze public assistance employment services and program utilization, cost, 
39.18 	effectiveness, and outcomes as implemented under the authority established in Title II, 
39.19 	Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999. 
39.20 	Health records governed by sections 144.291 to 144.298 and "protected health information" 
39.21 	as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code 
39.22 	of Federal Regulations, title 45, parts 160-164, including health care claims utilization 
39.23 	information, must not be exchanged under this clause;
39.24 	(10) to appropriate parties in connection with an emergency if knowledge of the 
39.25 	information is necessary to protect the health or safety of the individual or other individuals 
39.26 	or persons;
39.27 	(11) data maintained by residential programs as defined in section 245A.02 may be 
39.28 	disclosed to the protection and advocacy system established in this state according to Part 
39.29 	C of Public Law 98-527 to protect the legal and human rights of persons with developmental 
39.30 	disabilities or other related conditions who live in residential facilities for these persons if 
39.31 	the protection and advocacy system receives a complaint by or on behalf of that person and 
39.32 	the person does not have a legal guardian or the state or a designee of the state is the legal 
39.33 	guardian of the person;
40.1 	(12) to the county medical examiner or the county coroner for identifying or locating 
40.2 	relatives or friends of a deceased person;
40.3 	(13) data on a child support obligor who makes payments to the public agency may be 
40.4 	disclosed to the Minnesota Office of Higher Education to the extent necessary to determine 
40.5 	eligibility under section 136A.121, subdivision 2, clause (5);
40.6 	(14) participant Social Security numbers and names collected by the telephone assistance 
40.7 	program may be disclosed to the Department of Revenue to conduct an electronic data 
40.8 	match with the property tax refund database to determine eligibility under section 237.70, 
40.9 	subdivision 4a;
40.10 	(15) the current address of a Minnesota family investment program participant may be 
40.11 	disclosed to law enforcement officers who provide the name of the participant and notify 
40.12 	the agency that:
40.13 	(i) the participant:
40.14 	(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 
40.15 	conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 
40.16 	jurisdiction from which the individual is fleeing; or
40.17 	(B) is violating a condition of probation or parole imposed under state or federal law;
40.18 	(ii) the location or apprehension of the felon is within the law enforcement officer's 
40.19 	official duties; and
40.20 	(iii) the request is made in writing and in the proper exercise of those duties;
40.21 	(16) the current address of a recipient of general assistance may be disclosed to probation 
40.22 	officers and corrections agents who are supervising the recipient and to law enforcement 
40.23 	officers who are investigating the recipient in connection with a felony level offense;
40.24 	(17) information obtained from food support applicant or recipient households may be 
40.25 	disclosed to local, state, or federal law enforcement officials, upon their written request, for 
40.26 	the purpose of investigating an alleged violation of the Food Stamp Act, according to Code 
40.27 	of Federal Regulations, title 7, section 272.1(c);
40.28 	(18) the address, Social Security number, and, if available, photograph of any member 
40.29 	of a household receiving food support shall be made available, on request, to a local, state, 
40.30 	or federal law enforcement officer if the officer furnishes the agency with the name of the 
40.31 	member and notifies the agency that:
40.32 	(i) the member:
41.1 	(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 
41.2 	crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
41.3 	(B) is violating a condition of probation or parole imposed under state or federal law; 
41.4 	or
41.5 	(C) has information that is necessary for the officer to conduct an official duty related 
41.6 	to conduct described in subitem (A) or (B);
41.7 	(ii) locating or apprehending the member is within the officer's official duties; and
41.8 	(iii) the request is made in writing and in the proper exercise of the officer's official duty;
41.9 	(19) the current address of a recipient of Minnesota family investment program, general 
41.10 	assistance, or food support may be disclosed to law enforcement officers who, in writing, 
41.11 	provide the name of the recipient and notify the agency that the recipient is a person required 
41.12 	to register under section 243.166, but is not residing at the address at which the recipient is 
41.13 	registered under section 243.166;
41.14 	(20) certain information regarding child support obligors who are in arrears may be 
41.15 	made public according to section 518A.74;
41.16 	(21) data on child support payments made by a child support obligor and data on the 
41.17 	distribution of those payments excluding identifying information on obligees may be 
41.18 	disclosed to all obligees to whom the obligor owes support, and data on the enforcement 
41.19 	actions undertaken by the public authority, the status of those actions, and data on the income 
41.20 	of the obligor or obligee may be disclosed to the other party;
41.21 	(22) data in the work reporting system may be disclosed under section 256.998, 
41.22 	subdivision 7;
41.23 	(23) to the Department of Education for the purpose of matching Department of Education 
41.24 	student data with public assistance data to determine students eligible for free and 
41.25 	reduced-price meals, meal supplements, and free milk according to United States Code, 
41.26 	title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state 
41.27 	funds that are distributed based on income of the student's family; and to verify receipt of 
41.28 	energy assistance for the telephone assistance plan;
41.29 	(24) the current address and telephone number of program recipients and emergency 
41.30 	contacts may be released to the commissioner of health or a community health board as 
41.31 	defined in section 145A.02, subdivision 5, when the commissioner or community health 
41.32 	board has reason to believe that a program recipient is a disease case, carrier, suspect case, 
41.33 	or at risk of illness, and the data are necessary to locate the person;
42.1 	(25) to other state agencies, statewide systems, and political subdivisions of this state, 
42.2 	including the attorney general, and agencies of other states, interstate information networks, 
42.3 	federal agencies, and other entities as required by federal regulation or law for the 
42.4 	administration of the child support enforcement program;
42.5 	(26) to personnel of public assistance programs as defined in section 256.741, for access 
42.6 	to the child support system database for the purpose of administration, including monitoring 
42.7 	and evaluation of those public assistance programs;
42.8 	(27) to monitor and evaluate the Minnesota family investment program by exchanging 
42.9 	data between the Departments of Human Services and Education, on recipients and former 
42.10 	recipients of food support, cash assistance under chapter 256, 256D, 256J, or 256K, child 
42.11 	care assistance under chapter 119B, medical programs under chapter 256B or 256L, or a 
42.12 	medical program formerly codified under chapter 256D;
42.13 	(28) to evaluate child support program performance and to identify and prevent fraud 
42.14 	in the child support program by exchanging data between the Department of Human Services, 
42.15 	Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) and (b), 
42.16 	without regard to the limitation of use in paragraph (c), Department of Health, Department 
42.17 	of Employment and Economic Development, and other state agencies as is reasonably 
42.18 	necessary to perform these functions;
42.19 	(29) counties operating child care assistance programs under chapter 119B may 
42.20 	disseminate data on program participants, applicants, and providers to the commissioner of 
42.21 	education;
42.22 	(30) child support data on the child, the parents, and relatives of the child may be 
42.23 	disclosed to agencies administering programs under titles IV-B and IV-E of the Social 
42.24 	Security Act, as authorized by federal law; or
42.25 	(31) to a health care provider governed by sections 144.291 to 144.298, to the extent 
42.26 	necessary to coordinate services;
42.27 	(32) to the chief administrative officer of a school to coordinate services for a student 
42.28 	and family; data that may be disclosed under this clause are limited to name, date of birth, 
42.29 	gender, and address; or
42.30 	(33) to county correctional agencies to the extent necessary to coordinate services and 
42.31 	diversion programs; data that may be disclosed under this clause are limited to name, client 
42.32 	demographics, program, case status, and county worker information.
43.1 	(b) Information on persons who have been treated for drug or alcohol abuse may only 
43.2 	be disclosed according to the requirements of Code of Federal Regulations, title 42, sections 
43.3 	2.1 to 2.67.
43.4 	(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), 
43.5 	(17), or (18), or paragraph (b), are investigative data and are confidential or protected 
43.6 	nonpublic while the investigation is active. The data are private after the investigation 
43.7 	becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
43.8 	(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are 
43.9 	not subject to the access provisions of subdivision 10, paragraph (b).
43.10 	For the purposes of this subdivision, a request will be deemed to be made in writing if 
43.11 	made through a computer interface system.

43.12 	Sec. 4. Minnesota Statutes 2016, section 13.84, subdivision 5, is amended to read:
43.13 		Subd. 5.Disclosure. Private or confidential court services data shall not be disclosed 
43.14 	except:
43.15 	(a) pursuant to section 13.05;
43.16 	(b) pursuant to a statute specifically authorizing disclosure of court services data;
43.17 	(c) with the written permission of the source of confidential data;
43.18 	(d) to the court services department, parole or probation authority or state or local 
43.19 	correctional agency or facility having statutorily granted supervision over the individual 
43.20 	subject of the data, or to county personnel within the community services system;
43.21 	(e) pursuant to subdivision 6;
43.22 	(f) pursuant to a valid court order; or
43.23 	(g) pursuant to section 611A.06, subdivision 3a.

43.24 	Sec. 5. Minnesota Statutes 2016, section 626.556, subdivision 10j, is amended to read:
43.25 		Subd. 10j.Release of data to mandated reporters. (a) A local social services or child 
43.26 	protection agency, or the agency responsible for assessing or investigating the report of 
43.27 	maltreatment or for providing child protective services, shall provide relevant private data 
43.28 	on individuals obtained under this section to a mandated reporter who made the report and 
43.29 	who has an ongoing responsibility for the health, education, or welfare of a child affected 
43.30 	by the data, unless the agency determines that providing the data would not be in the best 
44.1 	interests of the child. The agency may provide the data to other mandated reporters with 
44.2 	ongoing responsibility for the health, education, or welfare of the child. Mandated reporters 
44.3 	with ongoing responsibility for the health, education, or welfare of a child affected by the 
44.4 	data include the child's teachers or other appropriate school personnel, foster parents, health 
44.5 	care providers, respite care workers, therapists, social workers, child care providers, 
44.6 	residential care staff, crisis nursery staff, probation officers, and court services personnel. 
44.7 	Under this section, a mandated reporter need not have made the report to be considered a 
44.8 	person with ongoing responsibility for the health, education, or welfare of a child affected 
44.9 	by the data. Data provided under this section must be limited to data pertinent to the 
44.10 	individual's responsibility for caring for the child.
44.11 	(b) A reporter who receives private data on individuals under this subdivision must treat 
44.12 	the data according to that classification, regardless of whether the reporter is an employee 
44.13 	of a government entity. The remedies and penalties under sections 13.08 and 13.09 apply 
44.14 	if a reporter releases data in violation of this section or other law.

44.15 	Sec. 6.  REPEALER.
 44.16 	Minnesota Statutes 2016, section 13.468, is repealed.

APPENDIX 

Repealed Minnesota Statutes: SF1292-2 

13.468 DATA SHARING WITHIN COUNTIES.
County welfare, human services, corrections, public health, and veterans service units within a county may inform each other as to whether an individual or family currently is being served by the county unit, without the consent of the subject of the data. Data that may be shared are limited to the following: the name, telephone number, and last known address of the data subject; and the identification and contact information regarding personnel of the county unit responsible for working with the individual or family. If further information is necessary for the county unit to carry out its duties, each county unit may share additional data if the unit is authorized by state statute or federal law to do so or the individual gives written, informed consent.