SF 2515

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/14/2025 10:49 a.m.

A bill for an act
relating to background studies; modifying background study requirements for child
care providers; amending Minnesota Statutes 2024, sections 245C.08, by adding
a subdivision; 245C.14, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 245C.08, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Coordination with the Bureau of Criminal Apprehension. new text end

new text begin (a) For a
background study required for family child care, certified license-exempt child care centers,
licensed child care centers, and legal nonlicensed child care authorized under chapter 142E,
the commissioner shall submit a request to the superintendent of the Bureau of Criminal
Apprehension for each child care background study subject, requesting information related
to any notifications from the National Center for Missing and Exploited Children's Law
Enforcement Services Portal that the superintendent has received that corresponds to the
information the background study subject has submitted. Notwithstanding any law to the
contrary, the superintendent must provide the requested information to the commissioner
under this subdivision.
new text end

new text begin (b) The commissioner must submit a request under this subdivision every six months
for each licensed child care provider.
new text end

new text begin (c) Notwithstanding any law to the contrary, if the commissioner uses the information
obtained under this subdivision to make a disqualification determination, the commissioner
must not share the reason for disqualification related to information obtained under this
subdivision with the license holder or entity that submitted the study and the applicant.
new text end

Sec. 2.

Minnesota Statutes 2024, section 245C.14, subdivision 1, is amended to read:

Subdivision 1.

Disqualification from direct contact.

(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position allowing
direct contact with persons receiving services from the license holder or entity identified in
section 245C.03, upon receipt of information showing, or when a background study
completed under this chapter shows any of the following:

(1) a conviction of, admission to, or Alford plea to one or more crimes listed in section
245C.15, regardless of whether the conviction or admission is a felony, gross misdemeanor,
or misdemeanor level crime;

(2) a preponderance of the evidence indicates the individual has committed an act or
acts that meet the definition of any of the crimes listed in section 245C.15, regardless of
whether the preponderance of the evidence is for a felony, gross misdemeanor, or
misdemeanor level crime;

(3) an investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b); deleted text begin or
deleted text end

(4) the individual's parental rights have been terminated under section 260C.301,
subdivision 1, paragraph (b) deleted text begin , or section 260C.301, subdivision 3. deleted text end new text begin ; or
new text end

new text begin (5) a notification from the Bureau of Criminal Apprehension under section 245C.08,
subdivision 2a.
new text end

(b) No individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact with
persons served by a program or entity identified in section 245C.03, unless the commissioner
has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the individual
may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that program or
entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual under
section 245C.30.

(c) Notwithstanding paragraph (a), for the purposes of a background study affiliated
with a licensed family foster setting, the commissioner shall disqualify an individual who
is the subject of a background study from any position allowing direct contact with persons
receiving services from the license holder or entity identified in section 245C.03, upon
receipt of information showing or when a background study completed under this chapter
shows reason for disqualification under section 245C.15, subdivision 4a.