Legislative Session number- 84

Bill Name: SF1722

2E 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 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 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; 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
(ra, ja)