HF 1384

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2019 02:16pm

A bill for an act
relating to human services; governing certain background studies related to tribal
organizations and Head Start programs; amending Minnesota Statutes 2018, section
245C.12; proposing coding for new law in Minnesota Statutes, chapter 245C.

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

Section 1.

Minnesota Statutes 2018, section 245C.12, is amended to read:

245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.

new text begin Subdivision 1. new text end

new text begin Access to data. new text end

deleted text begin (a) deleted text end For the purposes of background studies completed
by tribal organizations performing licensing activities otherwise required of the commissioner
under this chapter, after obtaining consent from the background study subject, tribal licensing
agencies shall have access to criminal history data in the same manner as county licensing
agencies and private licensing agencies under this chapter.

new text begin Subd. 2. new text end

new text begin Adoptions; child foster care. new text end

deleted text begin (b) deleted text end Tribal organizations may contract with the
commissioner to obtain background study data on individuals under tribal jurisdiction related
to adoptions according to section 245C.34. Tribal organizations may also contract with the
commissioner to obtain background study data on individuals under tribal jurisdiction related
to child foster care according to section 245C.34.

new text begin Subd. 3. new text end

new text begin Nursing facility. new text end

deleted text begin (c) deleted text end For the purposes of background studies completed to
comply with a tribal organization's licensing requirements for individuals affiliated with a
tribally licensed nursing facility, the commissioner shall obtain criminal history data from
the National Criminal Records Repository in accordance with section 245C.32.

new text begin Subd. 4. new text end

new text begin Child care. new text end

new text begin (a) Tribal organizations may contract with the commissioner to:
new text end

new text begin (1) conduct background studies on individuals affiliated with a child care program
sponsored, managed, or licensed by a tribal organization; and
new text end

new text begin (2) obtain background study data on individuals affiliated with a child care program
sponsored, managed, or licensed by a tribal organization.
new text end

new text begin (b) The commissioner must include a national criminal history record check in a
background study conducted under paragraph (a).
new text end

new text begin (c) A tribally affiliated child care program that does not contract with the commissioner
to conduct background studies is exempt from the relevant requirements in this chapter. For
a background study conducted under this subdivision to be transferable to other child care
entities, the study must include all components of studies for a certified license-exempt
child care center under this chapter.
new text end

Sec. 2.

new text begin [245C.125] BACKGROUND STUDY; HEAD START PROGRAMS.
new text end

new text begin (a) Head Start programs that receive funds under section 119A.52 may contract with
the commissioner to:
new text end

new text begin (1) conduct background studies on individuals affiliated with a Head Start program; and
new text end

new text begin (2) obtain background study data on individuals affiliated with a Head Start program.
new text end

new text begin (b) The commissioner must include a national criminal history record check in a
background study conducted under paragraph (a).
new text end

new text begin (c) A Head Start program site that does not contract with the commissioner, is not
licensed, and is not registered to receive payments under chapter 119B is exempt from the
relevant requirements in this chapter. Nothing in this section supersedes requirements for
background studies in this chapter or chapter 119B or 245H that relate to licensed child care
programs or programs registered to receive payments under chapter 119B. For a background
study conducted under this section to be transferable to other child care entities, the study
must include all components of studies for a certified license-exempt child care center under
this chapter.
new text end