SF 3238

Introduction - 94th Legislature (2025 - 2026)

Posted on 06/06/2025 12:20 p.m.

A bill for an act
relating to background studies; allowing the chief judge of the Office of
Administrative Hearings to set aside certain permanent disqualifications; amending
Minnesota Statutes 2024, sections 245C.22, subdivisions 4, 5; 245C.24, subdivision
2.

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

Section 1.

Minnesota Statutes 2024, section 245C.22, subdivision 4, is amended to read:

Subd. 4.

Risk of harm; set aside.

(a) The commissioner new text begin or the chief judge of the Office
of Administrative Hearings under section 245C.24, subdivision 2, paragraph (h), new text end may set
aside the disqualification if the commissioner new text begin or chief judge new text end finds that the individual has
submitted sufficient information to demonstrate that the individual does not pose a risk of
harm to any person served by the applicant, license holder, or other entities as provided in
this chapter.

(b) In determining whether the individual has met the burden of proof by demonstrating
the individual does not pose a risk of harm, the commissioner new text begin or chief judge new text end shall consider:

(1) the nature, severity, and consequences of the event or events that led to the
disqualification;

(2) whether there is more than one disqualifying event;

(3) the age and vulnerability of the victim at the time of the event;

(4) the harm suffered by the victim;

(5) vulnerability of persons served by the program;

(6) the similarity between the victim and persons served by the program;

(7) the time elapsed without a repeat of the same or similar event;

(8) documentation of successful completion by the individual studied of training or
rehabilitation pertinent to the event; and

(9) any other information relevant to reconsideration.

(c) For an individual seeking a child foster care license who is a relative of the child,
the commissioner new text begin or chief judge new text end shall consider the importance of maintaining the child's
relationship with relatives as an additional significant factor in determining whether a
background study disqualification should be set aside.

(d) If the individual requested reconsideration on the basis that the information relied
upon to disqualify the individual was incorrect or inaccurate and the commissioner new text begin or chief
judge new text end determines that the information relied upon to disqualify the individual is correct, the
commissioner new text begin or chief judge new text end must also determine if the individual poses a risk of harm to
persons receiving services in accordance with paragraph (b).

(e) For an individual seeking employment in the substance use disorder treatment field,
the commissioner new text begin or chief judge new text end shall set aside the disqualification if the following criteria
are met:

(1) the individual is not disqualified for a crime of violence as listed under section
624.712, subdivision 5, except for the following crimes: crimes listed under section 152.021,
subdivision 2 or 2a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024; or 152.025;

(2) the individual is not disqualified under section 245C.15, subdivision 1 new text begin , except as
provided under section 245C.24, subdivision 2, paragraph (h) new text end ;

(3) the individual is not disqualified under section 245C.15, subdivision 4, paragraph
(b);

(4) the individual provided documentation of successful completion of treatment, at least
one year prior to the date of the request for reconsideration, at a program licensed under
chapter 245G, and has had no disqualifying crimes or conduct under section 245C.15 after
the successful completion of treatment;

(5) the individual provided documentation demonstrating abstinence from controlled
substances, as defined in section 152.01, subdivision 4, for the period of one year prior to
the date of the request for reconsideration; and

(6) the individual is seeking employment in the substance use disorder treatment field.

Sec. 2.

Minnesota Statutes 2024, section 245C.22, subdivision 5, is amended to read:

Subd. 5.

Scope of set-aside.

(a) If the commissioner new text begin or chief judge of the Office of
Administrative Hearings new text end sets aside a disqualification under this section, the disqualified
individual remains disqualified, but may hold a license and have direct contact with or
access to persons receiving services. Except as provided in paragraph (b), the commissioner's
new text begin or chief judge's new text end set-aside of a disqualification is limited solely to the licensed program,
applicant, or agency specified in the set aside notice under section 245C.23. For personal
care provider organizations, the commissioner's new text begin or chief judge's new text end set-aside may further be
limited to a specific individual who is receiving services. For new background studies
required under section 245C.04, subdivision 1, paragraph (h), if an individual's
disqualification was previously set aside for the license holder's program and the new
background study results in no new information that indicates the individual may pose a
risk of harm to persons receiving services from the license holder, the previous set-aside
shall remain in effect.

(b) If the commissioner new text begin or chief judge new text end has previously set aside an individual's
disqualification for one or more programs or agencies, and the individual is the subject of
a subsequent background study for a different program or agency, the commissioner new text begin or
chief judge new text end shall determine whether the disqualification is set aside for the program or
agency that initiated the subsequent background study. A notice of a set-aside under
paragraph (c) shall be issued new text begin by the commissioner, or for set-asides permitted under section
245C.24, subdivision 2, paragraph (h), by the chief judge, new text end within 15 working days if all of
the following criteria are met:

(1) the subsequent background study was initiated in connection with a program licensed
or regulated under the same provisions of law and rule for at least one program for which
the individual's disqualification was previously set aside by the commissioner new text begin or chief judge new text end ;

(2) the individual is not disqualified for an offense specified in section 245C.15,
subdivision 1 or 2 new text begin , except as provided under section 245C.24, subdivision 2, paragraph (h) new text end ;

(3) the commissioner has received no new information to indicate that the individual
may pose a risk of harm to any person served by the program; and

(4) the previous set-aside was not limited to a specific person receiving services.

(c) Notwithstanding paragraph (b), clause (2), for an individual who is employed in the
substance use disorder field, if the commissioner new text begin or chief judge new text end has previously set aside an
individual's disqualification for one or more programs or agencies in the substance use
disorder treatment field, and the individual is the subject of a subsequent background study
for a different program or agency in the substance use disorder treatment field, the
commissioner new text begin or chief judge new text end shall set aside the disqualification for the program or agency
in the substance use disorder treatment field that initiated the subsequent background study
when the criteria under paragraph (b), clauses (1), (3), and (4), are met and the individual
is not disqualified for an offense specified in section 245C.15, subdivision 1. A notice of a
set-aside under paragraph (d) shall be issued within 15 working days.

(d) When a disqualification is set aside under paragraph (b), the notice of background
study results issued under section 245C.17, in addition to the requirements under section
245C.17, shall state that the disqualification is set aside for the program or agency that
initiated the subsequent background study. The notice must inform the individual that the
individual may request reconsideration of the disqualification under section 245C.21 on the
basis that the information used to disqualify the individual is incorrect.

Sec. 3.

Minnesota Statutes 2024, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
paragraphs (b) to (g), the commissioner may not set aside the disqualification of any
individual disqualified pursuant to this chapter, regardless of how much time has passed,
if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision
1.

(b) For an individual in the substance use disorder or corrections field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must consider granting
a variance pursuant to section 245C.30 for the license holder for a program dealing primarily
with adults. A request for reconsideration evaluated under this paragraph must include a
letter of recommendation from the license holder that was subject to the prior set-aside
decision addressing the individual's quality of care to children or vulnerable adults and the
circumstances of the individual's departure from that service.

(c) If an individual who requires a background study for nonemergency medical
transportation services under section 245C.03, subdivision 12, was disqualified for a crime
or conduct listed under section 245C.15, subdivision 1, and if more than 40 years have
passed since the discharge of the sentence imposed, the commissioner may consider granting
a set-aside pursuant to section 245C.22. A request for reconsideration evaluated under this
paragraph must include a letter of recommendation from the employer. This paragraph does
not apply to a person disqualified based on a violation of sections 243.166; 609.185 to
609.205; 609.25; 609.342 to 609.3453; 609.352; 617.23, subdivision 2, clause (1), or 3,
clause (1); 617.246; or 617.247.

(d) When a licensed foster care provider adopts an individual who had received foster
care services from the provider for over six months, and the adopted individual is required
to receive a background study under section 245C.03, subdivision 1, paragraph (a), clause
(2) or (6), the commissioner may grant a variance to the license holder under section 245C.30
to permit the adopted individual with a permanent disqualification to remain affiliated with
the license holder under the conditions of the variance when the variance is recommended
by the county of responsibility for each of the remaining individuals in placement in the
home and the licensing agency for the home.

(e) For an individual 18 years of age or older affiliated with a licensed family foster
setting, the commissioner must not set aside or grant a variance for the disqualification of
any individual disqualified pursuant to this chapter, regardless of how much time has passed,
if the individual was disqualified for a crime or conduct listed in section 245C.15, subdivision
4a, paragraphs (a) and (b).

(f) In connection with a family foster setting license, the commissioner may grant a
variance to the disqualification for an individual who is under 18 years of age at the time
the background study is submitted.

(g) In connection with foster residence settings and children's residential facilities, the
commissioner must not set aside or grant a variance for the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the individual
was disqualified for a crime or conduct listed in section 245C.15, subdivision 4a, paragraph
(a) or (b).

new text begin (h) Notwithstanding paragraphs (a) to (g), and except as provided in paragraph (i) or
under federal law, the chief judge of the Office of Administrative Hearings may set aside
the disqualification of any individual disqualified pursuant to this chapter for crimes or
conduct listed in section 245C.15, subdivision 1, if the individual has no subsequent
convictions and:
new text end

new text begin (1) the disqualifying crime is an arrest not followed by a conviction within five years
or an arrest where charges were dropped;
new text end

new text begin (2) ten years have passed since the date of completion of the individual's sentence or
release from incarceration;
new text end

new text begin (3) the individual's civil right to bear firearms has been restored in Minnesota; or
new text end

new text begin (4) the disqualifying crime has been pardoned or expunged.
new text end

new text begin (i) The chief judge must not set aside the disqualification of any individual disqualified
pursuant to this chapter for a crime or conduct involving murder, manslaughter, or criminal
sexual misconduct or for any crime against or involving children.
new text end