SF 4778

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/26/2026 09:10 a.m.

A bill for an act
relating to human services; modifying human services background studies and
variances; amending Minnesota Statutes 2024, sections 13A.03, by adding a
subdivision; 245C.02, subdivision 18; 245C.03, subdivision 1; 245C.04, subdivision
1; 245C.15, subdivisions 2, 3, 4; 245C.24, subdivision 2; Minnesota Statutes 2025
Supplement, sections 245C.07; 245C.13, subdivision 2; 245C.15, subdivision 4a;
245C.22, subdivision 5.

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

Section 1.

Minnesota Statutes 2024, section 13A.03, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Exception. new text end

new text begin Law enforcement may delay notification under section 13A.02,
subdivision 3, or authorize another government authority to delay notification to a customer
without a court order if law enforcement determines in writing that notification would
compromise the integrity of a current and ongoing criminal investigation. The written
determination from law enforcement must be renewed every 90 days.
new text end

Sec. 2.

Minnesota Statutes 2024, section 245C.02, subdivision 18, is amended to read:

Subd. 18.

Serious maltreatment.

(a) "Serious maltreatment" means sexual abuse,
maltreatment resulting in death, neglect resulting in serious injury which reasonably requires
the care of a physician, advanced practice registered nurse, or physician assistant whether
or not the care of a physician, advanced practice registered nurse, or physician assistant was
sought, deleted text begin or deleted text end abuse resulting in serious injury new text begin , or financial exploitation of a vulnerable adult
if the value of the funds or property is $1,000 or greater new text end .

(b) For purposes of this definition, "care of a physician, advanced practice registered
nurse, or physician assistant" is treatment received or ordered by a physician, physician
assistant, or advanced practice registered nurse, but does not include:

(1) diagnostic testing, assessment, or observation;

(2) the application of, recommendation to use, or prescription solely for a remedy that
is available over the counter without a prescription; or

(3) a prescription solely for a topical antibiotic to treat burns when there is no follow-up
appointment.

(c) For purposes of this definition, "abuse resulting in serious injury" means: bruises,
bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal injuries;
head injuries with loss of consciousness; extensive second-degree or third-degree burns and
other burns for which complications are present; extensive second-degree or third-degree
frostbite and other frostbite for which complications are present; irreversible mobility or
avulsion of teeth; injuries to the eyes; ingestion of foreign substances and objects that are
harmful; near drowning; and heat exhaustion or sunstroke.

(d) Serious maltreatment includes neglect when it results in criminal sexual conduct
against a child or vulnerable adult.

Sec. 3.

Minnesota Statutes 2024, section 245C.03, subdivision 1, is amended to read:

Subdivision 1.

Programs licensed by the commissioner.

(a) The commissioner shall
conduct a background study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program
will be provided who is not receiving licensed services from the program;

(3) current or prospective employees of the applicant or license holder who will have
direct contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services will
be provided when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(6) an individual who, without providing direct contact services at a licensed program,
may have unsupervised access to children or vulnerable adults receiving services from a
program, when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15; and

(7) all controlling individuals as defined in section 245A.02, subdivision 5a;

(8) notwithstanding clause (3), for children's residential facilities and foster residence
settings, any adult working in the facility, whether or not the individual will have direct
contact with persons served by the facility.

(b) For child foster care when the license holder resides in the home where foster care
services are provided, a short-term substitute caregiver providing direct contact services for
a child for less than 72 hours of continuous care is not required to receive a background
study under this chapter.

(c) This subdivision applies to the following programs that must be licensed under
chapter 245A:

(1) adult foster care;

(2) children's residential facilities;

(3) licensed home and community-based services under chapter 245D;

(4) residential mental health programs for adults;

(5) substance use disorder treatment programs under chapter 245G;

(6) withdrawal management programs under chapter 245F;

(7) adult day care centers;

(8) family adult day services;

(9) detoxification programs;

(10) community residential settings;

(11) intensive residential treatment services and residential crisis stabilization under
chapter 245I; deleted text begin and
deleted text end

(12) treatment programs for persons with sexual psychopathic personality or sexually
dangerous persons, licensed under chapter 245A and according to Minnesota Rules, parts
9515.3000 to 9515.3110 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (13) children's foster residence settings.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective November 3, 2026.
new text end

Sec. 4.

Minnesota Statutes 2024, section 245C.04, subdivision 1, is amended to read:

Subdivision 1.

Licensed programs; other child care programs.

(a) The commissioner
shall conduct a background study of an individual required to be studied under section
245C.03, subdivision 1, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required to be
studied under section 245C.03, subdivision 1, including a child care background study
subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed
child care center, certified license-exempt child care center, or legal nonlicensed child care
provider, on a schedule determined by the commissioner. Except as provided in section
245C.05, subdivision 5a, a child care background study must include submission of
fingerprints for a national criminal history record check and a review of the information
under section 245C.08. A background study for a child care program must be repeated
within five years from the most recent study conducted under this paragraph.

(c) At reauthorization or when a new background study is needed under section 142E.16,
subdivision 2, for a legal nonlicensed child care provider authorized under chapter 142E:

(1) for a background study affiliated with a legal nonlicensed child care provider, the
individual shall provide information required under section 245C.05, subdivision 1,
paragraphs (a), (b), and (d), to the commissioner and be fingerprinted and photographed
under section 245C.05, subdivision 5; and

(2) the commissioner shall verify the information received under clause (1) and submit
the request in NETStudy 2.0 to complete the background study.

(d) At reapplication for a family child care license:

(1) for a background study affiliated with a licensed family child care center, the
individual shall provide information required under section 245C.05, subdivision 1,
paragraphs (a), (b), and (d), to the county agency, and be fingerprinted and photographed
under section 245C.05, subdivision 5;

(2) the county agency shall verify the information received under clause (1) and forward
the information to the commissioner and submit the request in NETStudy 2.0 to complete
the background study; and

(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08.

deleted text begin (e) The commissioner is not required to conduct a study of an individual at the time of
reapplication for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:
deleted text end

deleted text begin (1) a study of the individual was conducted either at the time of initial licensure or when
the individual became affiliated with the license holder;
deleted text end

deleted text begin (2) the individual has been continuously affiliated with the license holder since the last
study was conducted; and
deleted text end

deleted text begin (3) the last study of the individual was conducted on or after October 1, 1995.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6),
who is newly affiliated with a child foster family setting license holder:

(1) the county or private agency shall collect and forward to the commissioner the
information required under section 245C.05, subdivisions 1 and 5, when the child foster
family setting applicant or license holder resides in the home where child foster care services
are provided; and

(2) the background study conducted by the commissioner of human services under this
paragraph must include a review of the information required under section 245C.08,
subdivisions 1, 3, and 4.

deleted text begin (g) deleted text end new text begin (f) new text end The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated
with an adult foster care or family adult day services and with a family child care license
holder or a legal nonlicensed child care provider authorized under chapter 142E and:

(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and
forward to the commissioner the information required under section 245C.05, subdivision
1, paragraphs (a) and (b), and subdivision 5, paragraph (b), for background studies conducted
by the commissioner for all family adult day services, for adult foster care when the adult
foster care license holder resides in the adult foster care residence, and for family child care
and legal nonlicensed child care authorized under chapter 142E;

(2) the license holder shall collect and forward to the commissioner the information
required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs
(a) and (b), for background studies conducted by the commissioner for adult foster care
when the license holder does not reside in the adult foster care residence; and

(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1, paragraph
(a), and subdivisions 3 and 4.

deleted text begin (h) deleted text end new text begin (g) new text end Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study requests to the commissioner using the
electronic system known as NETStudy new text begin 2.0 new text end before individuals specified in section 245C.03,
subdivision 1, begin positions allowing direct contact in any licensed program.

deleted text begin (i) deleted text end new text begin (h) new text end For an individual who is not on the entity's active roster, the entity must initiate
a new background study through NETStudy when:

(1) an individual returns to a position requiring a background study following an absence
of 120 or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for 120 or
more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to the commissioner
under this paragraph in the program's files. If the 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.

deleted text begin (j) deleted text end new text begin (i) new text end For purposes of this section, a physician licensed under chapter 147, advanced
practice registered nurse licensed under chapter 148, or physician assistant licensed under
chapter 147A is considered to be continuously affiliated upon the license holder's receipt
from the commissioner of health or human services of the physician's, advanced practice
registered nurse's, or physician assistant's background study results.

deleted text begin (k) deleted text end new text begin (j) new text end For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.

deleted text begin (l) deleted text end new text begin (k) new text end A repeat background study at the time of license renewal is not required if the
family child care substitute caregiver's background study was completed by the commissioner
on or after October 1, 2017, and the substitute caregiver is on the license holder's active
roster in NETStudy 2.0.

deleted text begin (m) deleted text end new text begin (l) new text end Before and after school programs authorized under chapter 142E, are exempt
from the background study requirements under section 123B.03, for an employee for whom
a background study under this chapter has been completed.

Sec. 5.

Minnesota Statutes 2025 Supplement, section 245C.07, is amended to read:

245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) Subject to the conditions in paragraph (d), when a license holder, applicant, or other
entity owns multiple programs or services that are licensed by the Department of Human
Services; Department of Children, Youth, and Families; Department of Health; or Department
of Corrections, only one background study is required for an individual who provides direct
contact services in one or more of the licensed programs or services if:

(1) the license holder designates one individual with one address and telephone number
as the person to receive sensitive background study information for the multiple licensed
programs or services that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information is
capable of determining, upon request of the department, whether a background study subject
is providing direct contact services in one or more of the license holder's programs or services
and, if so, at which location or locations.

(b) When a license holder maintains background study compliance for multiple licensed
programs according to paragraph (a), and one or more of the licensed programs closes, the
license holder shall immediately notify the commissioner which staff must be transferred
to an active license so that the background studies can be electronically paired with the
license holder's active program.

(c) When a background study is being initiated by a licensed program or service or a
foster care provider that is also licensed under chapter 144G, a study subject affiliated with
multiple licensed programs or services may attach to the background study form a cover
letter indicating the additional names of the programs or services, addresses, and background
study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each program
or service identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies shall
satisfy those programs' or services' responsibilities for initiating a background study on that
individual.

(d) deleted text begin If a background study was conducted on an individual related to child foster care
and the requirements under paragraph (a) are met, the background study is transferable
across all licensed programs. deleted text end If a background study was conducted on an individual under
a license other than child foster care and the requirements under paragraph (a) are met, the
background study is transferable to all licensed programs except child foster care.

(e) The provisions of this section that allow a single background study in one or more
licensed programs or services do not apply to background studies submitted by adoption
agencies, supplemental nursing services agencies, personnel pool agencies, educational
programs, professional services agencies, temporary personnel agencies, and unlicensed
personal care provider organizations.

(f) For an entity operating under NETStudy 2.0, the entity's active roster must be the
system used to document when a background study subject is affiliated with multiple entities.
For a background study to be transferable:

(1) the background study subject must be on and moving to a roster for which the person
designated to receive sensitive background study information is the same; and

(2) the same entity must own or legally control both the roster from which the transfer
is occurring and the roster to which the transfer is occurring. For an entity that holds or
controls multiple licenses, or unlicensed personal care provider organizations, there must
be a common highest level entity that has a legally identifiable structure that can be verified
through records available from the secretary of state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 6.

Minnesota Statutes 2025 Supplement, section 245C.13, subdivision 2, is amended
to read:

Subd. 2.

Activities pending completion of background study.

The subject of a
background study may not perform any activity requiring a background study under
paragraph (c) until the commissioner has issued one of the notices under paragraph (a).

(a) Notices from the commissioner required prior to activity under paragraph (c) include:

(1) a notice of the study results under section 245C.17 stating that:

(i) the individual is not disqualified; or

(ii) more time is needed to complete the study but the individual is not required to be
removed from direct contact or access to people receiving services prior to completion of
the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice
that more time is needed to complete the study must also indicate whether the individual is
required to be under continuous direct supervision prior to completion of the background
study. When more time is necessary to complete a background study of an individual
affiliated with a Title IV-E eligible children's residential facility or foster residence setting,
the individual may not work in the facility or setting regardless of whether or not the
individual is supervised;

(2) a notice that a disqualification has been set aside under section 245C.23; or

(3) a notice that a variance has been granted related to the individual under section
245C.30.

(b) For a new text begin child care new text end background study deleted text begin affiliated with a licensed child care center or
certified license-exempt child care center deleted text end new text begin subject required to submit fingerprints for a
national criminal history check, except as provided in section 245C.05, subdivision 5a new text end , the
notice sent under paragraph (a), clause (1), item (ii), must not be issued until the
commissioner receives a qualifying result for the individual for the fingerprint-based national
criminal history record check or the fingerprint-based criminal history information from
the Bureau of Criminal Apprehension. The notice must require the individual to be under
continuous direct supervision prior to completion of the remainder of the background study
except as permitted in subdivision 3.

(c) Activities prohibited prior to receipt of notice under paragraph (a) include:

(1) being issued a license;

(2) living in the household where the licensed program will be provided;

(3) providing direct contact services to persons served by a program unless the subject
is under continuous direct supervision;

(4) having access to persons receiving services if the background study was completed
under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2),
(5), or (6), unless the subject is under continuous direct supervision;

(5) for deleted text begin licensed child care centers and certified license-exempt child care centers deleted text end new text begin a child
care background study subject new text end , deleted text begin providing direct contact services to persons served by the
program deleted text end new text begin performing any act listed in section 245C.02, subdivision 6a, unless the study is
being renewed under section 245C.04, subdivision 1, paragraph (b), and it has been less
than five years since the child care background study subject was previously disqualified
or provided notice under paragraph (a), clause (1), item (i) new text end ;

(6) for children's residential facilities or foster residence settings, working in the facility
or setting;

(7) for background studies affiliated with a personal care provider organization, except
as provided in section 245C.03, subdivision 3b, before a personal care assistant provides
services, the personal care assistance provider agency must initiate a background study of
the personal care assistant under this chapter and the personal care assistance provider
agency must have received a notice from the commissioner that the personal care assistant
is:

(i) not disqualified under section 245C.14; or

(ii) disqualified, but the personal care assistant has received a set aside of the
disqualification under section 245C.22; or

(8) for background studies affiliated with an early intensive developmental and behavioral
intervention provider, before an individual provides services, the early intensive
developmental and behavioral intervention provider must initiate a background study for
the individual under this chapter and the early intensive developmental and behavioral
intervention provider must have received a notice from the commissioner that the individual
is:

(i) not disqualified under section 245C.14; or

(ii) disqualified, but the individual has received a set-aside of the disqualification under
section 245C.22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 7.

Minnesota Statutes 2024, section 245C.15, subdivision 2, is amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section 245C.14
if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any,
for the offense; and (2) the individual has committed a felony-level violation of any of the
following offenses: sections 152.021, subdivision 1 or 2b, (aggravated controlled substance
crime in the first degree; sale crimes); 152.022, subdivision 1 (controlled substance crime
in the second degree; sale crimes); 152.023, subdivision 1 (controlled substance crime in
the third degree; sale crimes); 152.024, subdivision 1 (controlled substance crime in the
fourth degree; sale crimes); 256.98 (wrongfully obtaining assistance); 268.182 (fraud);
393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 518B.01, subdivision 14
(violation of an order for protection); 609.165 (felon ineligible to possess firearm); 609.2112,
609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (suicide); 609.223
or 609.2231 (assault in the third or fourth degree); repeat offenses under 609.224 (assault
in the fifth degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal
abuse of a vulnerable adult); new text begin 609.2334 (violation of an order for protection against financial
exploitation of a vulnerable adult); new text end 609.2335 (financial exploitation of a vulnerable adult);
609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.247,
subdivision 4 (carjacking in the third degree); 609.255 (false imprisonment); 609.2664
(manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn
child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671
(assault of an unborn child in the second degree); 609.268 (injury or death of an unborn
child in the commission of a crime); 609.27 (coercion); 609.275 (attempt to coerce); 609.466
(medical assistance fraud); 609.495 (aiding an offender); 609.498, subdivision 1 or 1b
(aggravated first-degree or first-degree tampering with a witness); 609.52 (theft); 609.521
(possession of shoplifting gear); 609.522 (organized retail theft); 609.525 (bringing stolen
goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535
(issuance of dishonored checks); new text begin 609.542 (illegal remunerations); new text end 609.562 (arson in the
second degree); 609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession
of burglary tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery);
609.631 (check forgery; offering a forged check); 609.635 (obtaining signature by false
pretense); 609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns);
609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.746 (interference
with privacy); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud);
617.23 (indecent exposure), not involving a minor; repeat offenses under 617.241 (obscene
materials and performances; distribution and exhibition prohibited; penalty); or 624.713
(certain persons not to possess firearms).

(b) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the termination of the individual's parental rights under section 260C.301, subdivision
1, paragraph (b), or subdivision 3.

(d) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of the offenses listed in paragraph
(a) or since the termination of parental rights in any other state or country, the elements of
which are substantially similar to the elements listed in paragraph (c).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is
disqualified but the disqualification look-back period for the offense is the period applicable
to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 8.

Minnesota Statutes 2024, section 245C.15, subdivision 3, is amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
260B.425 (criminal jurisdiction for contributing to status as a juvenile petty offender or
delinquency); 260C.425 (criminal jurisdiction for contributing to need for protection or
services); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud);
609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 or 609.222
(assault in the first or second degree); 609.223 or 609.2231 (assault in the third or fourth
degree); 609.224 (assault in the fifth degree); 609.224, subdivision 2, paragraph (c) (assault
in the fifth degree by a caregiver against a vulnerable adult); 609.2242 and 609.2243
(domestic assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of
residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal
neglect of a vulnerable adult); new text begin 609.2334 (violation of an order for protection against financial
exploitation of a vulnerable adult); new text end 609.2335 (financial exploitation of a vulnerable adult);
609.234 (failure to report maltreatment of a vulnerable adult); 609.265 (abduction); 609.275
(attempt to coerce); 609.324, subdivision 1a (other prohibited acts; minor engaged in
prostitution); 609.33 (disorderly house); 609.377 (malicious punishment of a child); 609.378
(neglect or endangerment of a child); 609.466 (medical assistance fraud); 609.52 (theft);
609.522 (organized retail theft); 609.525 (bringing stolen goods into Minnesota); 609.527
(identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks);
609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.631
(check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71 (riot); 609.72,
subdivision 3 (disorderly conduct against a vulnerable adult); new text begin 609.746 (interference with
privacy); new text end 609.749, subdivision 2 (harassment); 609.82 (fraud in obtaining credit); 609.821
(financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.241
(obscene materials and performances); 617.243 (indecent literature, distribution); 617.293
(harmful materials; dissemination and display to minors prohibited); or Minnesota Statutes
2012, section 609.21; or violation of an order for protection under section 518B.01,
subdivision 14.

(b) An individual is disqualified under section 245C.14 if less than ten years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of any of the offenses listed in
paragraph (a).

(d) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a misdemeanor disposition, the individual is disqualified but
the disqualification lookback period for the offense is the period applicable to misdemeanors.

(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 9.

Minnesota Statutes 2024, section 245C.15, subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a misdemeanor-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 260B.425
(criminal jurisdiction for contributing to status as a juvenile petty offender or delinquency);
260C.425 (criminal jurisdiction for contributing to need for protection or services); 268.182
(fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.2112, 609.2113,
or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first degree);
609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231
(assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic
assault); new text begin 609.2334 (violation of an order for protection against financial exploitation of a
vulnerable adult); new text end 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure
to report maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the
third degree); 609.27 (coercion); violation of an order for protection under 609.3232
(protective order authorized; procedures; penalties); 609.466 (medical assistance fraud);
609.52 (theft); 609.522 (organized retail theft); 609.525 (bringing stolen goods into
Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance
of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous weapons); 609.665
(spring guns); 609.746 (interference with privacy); 609.79 (obscene or harassing telephone
calls); 609.795 (letter, telegram, or package; opening; harassment); 609.82 (fraud in obtaining
credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving
a minor; 617.293 (harmful materials; dissemination and display to minors prohibited); or
Minnesota Statutes 2012, section 609.21; or violation of an order for protection under section
518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 260E.06 or 626.557, subdivision 3,
for incidents in which: (i) the final disposition under section 626.557 or chapter 260E was
substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under chapter 260E, a
vulnerable adult under section 626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the elements of maltreatment under
section 626.557 or chapter 260E for which: (i) there is a preponderance of evidence that
the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of
the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the offenses
listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(f) An individual is disqualified under section 245C.14 if less than seven years has passed
since the individual was disqualified under section 256.98, subdivision 8.

Sec. 10.

Minnesota Statutes 2025 Supplement, section 245C.15, subdivision 4a, is amended
to read:

Subd. 4a.

Licensed family foster setting disqualifications.

(a) Notwithstanding
subdivisions 1 to 4 new text begin , 4b, and 4c new text end , for a background study affiliated with a licensed family
foster setting, regardless of how much time has passed, an individual is disqualified under
section 245C.14 if the individual committed an act that resulted in a felony-level conviction
for sections: 609.185 (murder in the first degree); 609.19 (murder in the second degree);
609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205
(manslaughter in the second degree); 609.2112 (criminal vehicular homicide); 609.221
(assault in the first degree); 609.223, subdivision 2 (assault in the third degree, past pattern
of child abuse); 609.223, subdivision 3 (assault in the third degree, victim under four); a
felony offense under sections 609.2242 and 609.2243 (domestic assault, spousal abuse,
child abuse or neglect, or a crime against children); 609.2247 (domestic assault by
strangulation); 609.2325 (criminal abuse of a vulnerable adult resulting in the death of a
vulnerable adult); 609.245 (aggravated robbery); 609.247, subdivision 2 or 3 (carjacking
in the first or second degree); 609.25 (kidnapping); 609.255 (false imprisonment); 609.2661
(murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the
second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664
(manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn
child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671
(assault of an unborn child in the second degree); 609.268 (injury or death of an unborn
child in the commission of a crime); 609.322, subdivision 1 (solicitation, inducement, and
promotion of prostitution; sex trafficking in the first degree); 609.324, subdivision 1 (other
prohibited acts; engaging in, hiring, or agreeing to hire minor to engage in prostitution);
609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in
the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal
sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.3458 (sexual extortion); 609.352
(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a
child); 609.3775 (child torture); 609.378 (neglect or endangerment of a child); 609.561
(arson in the first degree); 609.582, subdivision 1 (burglary in the first degree); 609.746
(interference with privacy); 617.23 (indecent exposure); 617.246 (use of minors in sexual
performance prohibited); or 617.247 (possession of child sexual abuse material).

(b) Notwithstanding subdivisions 1 to 4 new text begin , 4b, and 4c new text end , for the purposes of a background
study affiliated with a licensed family foster setting, an individual is disqualified under
section 245C.14, regardless of how much time has passed, if the individual:

(1) committed an action under paragraph (e) that resulted in death or involved sexual
abuse, as defined in section 260E.03, subdivision 20;

(2) committed an act that resulted in a gross misdemeanor-level conviction for section
609.3451 (criminal sexual conduct in the fifth degree);

(3) committed an act against or involving a minor that resulted in a felony-level conviction
for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the
third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);
or

(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level
conviction for section 617.293 (dissemination and display of harmful materials to minors).

(c) Notwithstanding subdivisions 1 to 4 new text begin , 4b, and 4c new text end , for a background study affiliated
with a licensed family foster setting, an individual is disqualified under section 245C.14 if
fewer than 20 years have passed since the termination of the individual's parental rights
under section 260C.301, subdivision 1, paragraph (b), or if the individual consented to a
termination of parental rights under section 260C.301, subdivision 1, paragraph (a), to settle
a petition to involuntarily terminate parental rights. An individual is disqualified under
section 245C.14 if fewer than 20 years have passed since the termination of the individual's
parental rights in any other state or country, where the conditions for the individual's
termination of parental rights are substantially similar to the conditions in section 260C.301,
subdivision 1, paragraph (b).

(d) Notwithstanding subdivisions 1 to 4 new text begin , 4b, and 4c new text end , for a background study affiliated
with a licensed family foster setting, an individual is disqualified under section 245C.14 if
fewer than five years have passed since a felony-level violation for sections: 152.021
(controlled substance crime in the first degree); 152.022 (controlled substance crime in the
second degree); 152.023 (controlled substance crime in the third degree); 152.024 (controlled
substance crime in the fourth degree); 152.025 (controlled substance crime in the fifth
degree); 152.0261 (importing controlled substances across state borders); 152.0262,
subdivision 1, paragraph (b) (possession of substance with intent to manufacture
methamphetamine); 152.027, subdivision 6, paragraph (c) (sale or possession of synthetic
cannabinoids); 152.096 (conspiracies prohibited); 152.097 (simulated controlled substances);
152.136 (anhydrous ammonia; prohibited conduct; criminal penalties; civil liabilities);
152.137 (fentanyl- and methamphetamine-related crimes involving children or vulnerable
adults); 169A.24 (felony first-degree driving while impaired); 243.166 (violation of predatory
offender registration requirements); 609.2113 (criminal vehicular operation; bodily harm);
609.2114 (criminal vehicular operation; unborn child); 609.228 (great bodily harm caused
by distribution of drugs); 609.2325 (criminal abuse of a vulnerable adult not resulting in
the death of a vulnerable adult); 609.233 (criminal neglect); 609.235 (use of drugs to injure
or facilitate a crime); 609.24 (simple robbery); 609.247, subdivision 4 (carjacking in the
third degree); 609.322, subdivision 1a (solicitation, inducement, and promotion of
prostitution; sex trafficking in the second degree); 609.498, subdivision 1 (tampering with
a witness in the first degree); 609.498, subdivision 1b (aggravated first-degree witness
tampering); 609.562 (arson in the second degree); 609.563 (arson in the third degree);
609.582, subdivision 2 (burglary in the second degree); 609.66 (felony dangerous weapons);
609.687 (adulteration); 609.713 (terroristic threats); 609.749, subdivision 3, 4, or 5
(felony-level harassment or stalking); 609.855, subdivision 5 (shooting at or in a public
transit vehicle or facility); or 624.713 (certain people not to possess firearms).

(e) Notwithstanding subdivisions 1 to 4 new text begin , 4b, and 4c new text end , except as provided in paragraph
(a), for a background study affiliated with a licensed family child foster care license, an
individual is disqualified under section 245C.14 if fewer than five years have passed since:

(1) a felony-level violation for an act not against or involving a minor that constitutes:
section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third
degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the
fifth degree);

(2) a violation of an order for protection under section 518B.01, subdivision 14;

(3) a determination or disposition of the individual's failure to make required reports
under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition
under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment
was recurring or serious;

(4) a determination or disposition of the individual's substantiated serious or recurring
maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under chapter 260E or section 626.557 and meet
the definition of serious maltreatment or recurring maltreatment;

(5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in
the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or

(6) committing an act against or involving a minor that resulted in a misdemeanor-level
violation of section 609.224, subdivision 1 (assault in the fifth degree).

(f) For purposes of this subdivision, the disqualification begins from:

(1) the date of the alleged violation, if the individual was not convicted;

(2) the date of conviction, if the individual was convicted of the violation but not
committed to the custody of the commissioner of corrections; or

(3) the date of release from prison, if the individual was convicted of the violation and
committed to the custody of the commissioner of corrections.

Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation
of the individual's supervised release, the disqualification begins from the date of release
from the subsequent incarceration.

(g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes, permanently disqualifies the individual under section 245C.14. An individual is
disqualified under section 245C.14 if fewer than five years have passed since the individual's
aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs
(d) and (e).

(h) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),
permanently disqualifies the individual under section 245C.14. An individual is disqualified
under section 245C.14 if fewer than five years have passed since an offense in any other
state or country, the elements of which are substantially similar to the elements of any
offense listed in paragraphs (d) and (e).

Sec. 11.

Minnesota Statutes 2025 Supplement, section 245C.22, subdivision 5, is amended
to read:

Subd. 5.

Scope of set-aside.

(a) If the commissioner 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 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, financial management services organizations,
community first services and supports organizations, unlicensed home and community-based
organizations, and consumer-directed community supports organizations, the commissioner's
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 deleted text begin (h) deleted text end new text begin (g) new text end , 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 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 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 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;

(2) the individual is not disqualified for an offense specified in section 245C.15,
subdivision 1 or 2;

(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 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 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. 12.

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 deleted text begin (g) deleted text end new text begin (f) new text end , 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.

deleted text begin (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).
deleted text end

Sec. 13. new text begin NEW BACKGROUND STUDIES FOR INDIVIDUALS NOT IN NETSTUDY
2.0.
new text end

new text begin By March 1, 2027, the commissioner of human services and counties must conduct new
background studies for all individuals specified under Minnesota Statutes, section 245C.03,
subdivision 1, paragraph (a), clauses (2) to (6), and affiliated with a child foster family
setting license holder, adult foster care or family adult day services and with a family child
care license holder, or a legal nonlicensed child care provider authorized under Minnesota
Statutes, chapter 142E. The commissioner or county must follow the requirements in
Minnesota Statutes, section 245C.04, subdivision 1, paragraphs (e) and (f), when conducting
the background studies under this section. The new background studies must be submitted
through NETStudy 2.0.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2026.
new text end