HF 1172

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 07:06pm

A bill for an act
relating to human services; modifying health and human services background
study consideration of juvenile court records; modifying disqualification periods;
allowing a set aside for a disqualification based on conduct or convictions in an
individual's juvenile record; amending Minnesota Statutes 2022, sections 245C.08,
subdivision 4; 245C.15, subdivision 2, by adding a subdivision; 245C.24,
subdivision 2.

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

Section 1.

Minnesota Statutes 2022, section 245C.08, subdivision 4, is amended to read:

Subd. 4.

Juvenile court records.

(a) For a background study conducted by the
Department of Human Services, the commissioner shall review records from the juvenile
courts for an individual studied under section 245C.03, subdivision 1, paragraph (a), when
the commissioner has reasonable cause.

(b) For a background study conducted by a county agency for family child care before
the implementation of NETStudy 2.0, the commissioner shall review records from the
juvenile courts for individuals listed in section 245C.03, subdivision 1, who are ages 13
through 23 living in the household where the licensed services will be provided. The
commissioner shall also review records from juvenile courts for any other individual listed
under section 245C.03, subdivision 1, when the commissioner has reasonable cause.

(c) The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records relating to delinquency proceedings held on individuals described in
section 245C.03, subdivision 1, paragraph (a), when requested pursuant to this subdivision.

(d) For purposes of this chapter, a finding that a delinquency petition is proven in juvenile
court new text begin for an individual certified as an adult new text end shall be considered a conviction in state district
court. new text begin A finding of a proven delinquency petition in juvenile court for an individual who
was not certified as an adult shall disqualify the individual from direct contact services
under this chapter for five years, beginning from:
new text end

new text begin (1) the date of conviction or finding of proven delinquency if the individual was not
committed to the custody of the commissioner of corrections; or
new text end

new text begin (2) the date of the discharge of the sentence imposed if the individual was committed
to the custody of the commissioner of corrections.
new text end

(e) Juvenile courts shall provide orders of involuntary and voluntary termination of
parental rights under section 260C.301 to the commissioner upon request for purposes of
conducting a background study under this chapter.

Sec. 2.

Minnesota Statutes 2022, 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 new text begin 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); new text end 256.98 (wrongfully obtaining assistance); 268.182 (fraud);
393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 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); 609.2335 (financial exploitation of
a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 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); 609.525
(bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen
property); 609.535 (issuance of dishonored checks); 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); 609.82 (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); new text begin or new text end 624.713 (certain persons not to possess firearms) deleted text begin ;
chapter 152 (drugs; controlled substance); or Minnesota Statutes 2012, section 609.21; or
a felony-level conviction involving alcohol or drug use deleted text end .

(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).

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for background studies requested on or
after August 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 245C.15, is amended by adding a subdivision to
read:

new text begin Subd. 4b. new text end

new text begin Five-year disqualification. new text end

new text begin (a) An individual is disqualified under section
245C.14 if: (1) less than five years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a felony, gross misdemeanor,
or misdemeanor-level violation of any of the following offenses: 152.021, subdivision 2 or
2a (controlled substance possession crime in the first degree; methamphetamine manufacture
crime); 152.022, subdivision 2 (controlled substance possession crime in the second degree);
152.023, subdivision 2 (controlled substance possession crime in the third degree); 152.024,
subdivision 2 (controlled substance possession crime in the fourth degree); 152.025
(controlled substance crime in the fifth degree); 152.0261 (importing controlled substances
across state borders); 152.0262 (possession of substances with intent to manufacture
methamphetamine); 152.027, subdivision 6, paragraph (c) (sale of synthetic cannabinoids);
152.096 (conspiracy to commit controlled substance crime); 152.097 (simulated controlled
substances); or 152.137 (methamphetamine-related crimes involving children and vulnerable
adults).
new text end

new text begin (b) An individual is disqualified under section 245C.14 if less than five years have 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.
new text end

new text begin (c) An individual is disqualified under section 245C.14 if less than five years have 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).
new text end

new text begin (d) 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for background studies requested on or
after August 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, 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 (f) deleted text end new text begin (g) 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.

new text begin (g) The commissioner may set aside or grant a variance for any disqualification that is
based on conduct or a conviction in an individual's juvenile record.
new text end