Session Year 2005, Special Session 1

Bill Name: SF0044

Modifying certain human services licensing and predatory offender data access
provisions; authorizing the exchange of welfare licensing and investigative not
public data between the licensing division of the department of human services
and the department of corrections for combined services regulation purposes;
expanding the licensing exception for head start nonresidential programs;
clarifying the authority of the commissioner of human services to secure court
orders against continued operation of programs failing to apply for a license
after receiving notice of the license requirement; expanding certain
requirements of counties or private placement agencies granting emergency foster
care licenses to relatives, requiring explanation of the background study
process and information relating to legal representation, disqualification and
the right to request reconsideration to prospective licensees, specifying
certain licensing data maintenance requirements of the commissioner; prohibiting
the commissioner from issuing licenses for services in households with
individuals disqualified from licensure through a background check and
specifying certain requirements for reapplication; modifying and clarifying a
certain provision regulating the handling of personal funds or property of
persons served by residential programs; requiring family child care and child
care center license holders to post correction or conditional license or
license suspension or revocation orders, requiring simultaneous posting of
investigation memoranda in maltreatment investigation cases; requiring and
providing for the commissioner to issue temporary provisional licenses to
license holders appealing license suspension or revocation with licenses
expiring during the appeal period and new licenses to licensees under
investigation with expired licenses; specifying the scope of contested case
hearings upon determination of license holder responsibility for maltreatment
and issuance of a fine at the same time and requiring the scope of
administrative law judge review to include license denials or sanctions and
determinations relating to setting aside disqualifications in certain criminal
conviction or admission and variance termination cases; expanding the
requirement for county attorneys to defend orders of the commissioner in
consolidated contested case hearings relating to sanctions to family adult day
services; specifying certain first aid and cardiopulmonary resuscitation (CPR)
training requirements for staff in child care centers; expanding certain sudden
infant death syndrome (SIDS) risk reduction requirements to child foster care
programs and to shaken baby syndrome; requiring county agencies to annually
report to the commissioner certain information relating to disqualified
household members for relative child foster care applicants and license holders;
defining conflict of interest relating to county attorney enforcement of orders
of the commissioner relating to sanctions and background checks; imposing
certain child passenger restraint systems use and training requirements for
family and group family child care, child care center and child foster care
programs staff serving children under a certain age and expanding requirements
for use; expanding the definition of incident under standards governing services
to the mentally retarded; clarifying the method for determining the number of
direct service staff required for day training and habilitation services;
modifying certain policies and procedures requirements for program management
standards; modifying certain licensed programs background study requirements of
the commissioner and of county or private agencies, requiring only one study of
license holders owning multiple licensed facilities; clarifying and expanding
certain disqualification requirements relating to the commission of certain
crimes and specifying the disqualification period for disqualifications based on
a judicial determination other than a conviction; expanding certain
disqualification notice content requirements; specifying the timelines for
reconsideration requests delivered by personal service or mail; expanding the
requirement for the commissioner to determine risk of harm upon receipt of
reconsideration requests; modifying and clarifying certain provisions
prohibiting or restricting commissioner disqualification set asides; providing
for treatment on appeal of individuals disqualified based on a judicial
determination and authorizing individuals disqualified based on both a
preponderance of evidence and a conviction or admission and not receiving a set
aside to request a fair hearing, exception, limiting the scope; limiting the
scope of contested case hearings for public employees disqualified based on a
conviction or admission; creating an exception for the requirement for the
commissioner to obtain consent of license holders granted disqualification
variances to disclose the reason for disqualification under certain child or
foster care programs; requiring licensed family child care providers and child
care centers to notify parents upon employment or presence in the home of
persons subject to a set aside or variance; expanding certain recordkeeping
requirements for patients and residents receiving state operated services;
granting the commissioner access to medical and criminal history data for
predatory offender risk assessment and management for registration purposes;
expanding certain requirements for the release on pass of patients civilly
committed as mentally ill and dangerous, expanding the requirements to persons
transferred to state operated services; requiring and providing for background
studies on guardians ad litem through the commissioner, specifying certain
duties of the court; providing for the availability of certain expunged records
for background check purposes; modifying the time limit for investigating agency
action on reconsideration requests under the child and vulnerable adult
maltreatment reporting acts and prohibiting the reconsideration of certain
maltreatment determinations involving a fine; expanding the content requirement
for nursing or health care facility vulnerable adult abuse prevention plans
relating to the risk of abusing other vulnerable adults under certain conditions

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