HF 1543

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:52am

A bill for an act
relating to human services; requiring that the state perform family day care
background checks; allowing access to criminal history data; amending
Minnesota Statutes 2008, sections 245A.10, subdivision 2; 245A.16, subdivisions
1, 3; 245C.04, subdivision 1; 245C.05, subdivisions 2, 2a, 4, 7; 245C.08,
subdivision 2; 245C.10, by adding a subdivision; 245C.17, by adding a
subdivision; 245C.21, subdivision 1a; 245C.23, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapter 299C.

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

Section 1.

Minnesota Statutes 2008, section 245A.10, subdivision 2, is amended to
read:

Subd. 2.

County fees for background studies and licensing inspections.

(a) For
purposes of family and group family child care licensing under this chapter, a county
agency may charge a fee to an applicant or license holder deleted text begin to recover the actual cost of
background studies, but in any case not to exceed $100 annually. A county agency may
also charge a license fee to an applicant or license holder deleted text end not to exceed $50 for a one-year
license or $100 for a two-year license.

(b) A county agency may charge a fee to a legal nonlicensed child care provider or
applicant for authorization to recover the actual cost of background studies completed
under section 119B.125, but in any case not to exceed $100 annually.

(c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area;

(3) for new providers; or

(4) for providers who have attained at least 16 hours of training before seeking
initial licensure.

(d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on
an installment basis for up to one year. If the provider is receiving child care assistance
payments from the state, the provider may have the fees under paragraph (a) or (b)
deducted from the child care assistance payments for up to one year and the state shall
reimburse the county for the county fees collected in this manner.

(e) For purposes of adult foster care and child foster care licensing under this
chapter, a county agency may charge a fee to a corporate applicant or corporate license
holder to recover the actual cost of background studies. A county agency may also charge
a fee to a corporate applicant or corporate license holder to recover the actual cost of
licensing inspections, not to exceed $500 annually.

(f) Counties may elect to reduce or waive the fees in paragraph (e) under the
following circumstances:

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area; or

(3) for new providers.

Sec. 2.

Minnesota Statutes 2008, section 245A.16, subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and
private agencies that have been designated or licensed by the commissioner to perform
licensing functions and activities under section 245A.04 new text begin and new text end background studies for adult
foster care deleted text begin , deleted text end new text begin and new text end family adult day services deleted text begin , and family child care, deleted text end under chapter 245C; to
recommend denial of applicants under section 245A.05; to issue correction orders, to issue
variances, and recommend a conditional license under section 245A.06, or to recommend
suspending or revoking a license or issuing a fine under section 245A.07, shall comply
with rules and directives of the commissioner governing those functions and with this
section. The following variances are excluded from the delegation of variance authority
and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child
and adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that county agencies may
issue variances under section 245C.30 regarding disqualified individuals when the county
is responsible for conducting a consolidated reconsideration according to sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
and a disqualification based on serious or recurring maltreatment; and

(6) the required presence of a caregiver in the adult foster care residence during
normal sleeping hours.

(b) County agencies must report information about disqualification reconsiderations
under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances
granted under paragraph (a), clause (5), to the commissioner at least monthly in a format
prescribed by the commissioner.

(c) For family day care programs, the commissioner may authorize licensing reviews
every two years after a licensee has had at least one annual review.

(d) For family adult day services programs, the commissioner may authorize
licensing reviews every two years after a licensee has had at least one annual review.

(e) A license issued under this section may be issued for up to two years.

Sec. 3.

Minnesota Statutes 2008, section 245A.16, subdivision 3, is amended to read:

Subd. 3.

Recommendations to commissioner.

The county or private agency
shall not make recommendations to the commissioner regarding licensure without first
conducting an inspection, and for adult foster care deleted text begin , deleted text end new text begin and new text end family adult day services, deleted text begin and
family child care, deleted text end a background study of the applicant under chapter 245C. The county
or private agency must forward its recommendation to the commissioner regarding the
appropriate licensing action within 20 working days of receipt of a completed application.

Sec. 4.

Minnesota Statutes 2008, section 245C.04, subdivision 1, is amended to read:

Subdivision 1.

Licensed 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, at reapplication for a license for adult
foster care deleted text begin , deleted text end new text begin and new text end family adult day services deleted text begin , and family child care deleted text end .

(c) 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 for an adult foster care license holder that is also:

(1) registered under chapter 144D; or

(2) licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside in the foster
care residence; and

(3) the following conditions are met:

(i) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(ii) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(iii) the last study of the individual was conducted on or after October 1, 1995.

(d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
conduct a study of an individual required to be studied under section 245C.03, at the
time of reapplication for a child foster care license. The county or private agency 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). 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,
paragraph (a), clauses (1) to (5), 3, and 4.

(e) 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 care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. 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.

new text begin (f) From January 1, 2010, to December 31, 2012, the commissioner of human
services shall conduct a study of an individual required to be studied under section
245C.03 at the time of reapplication for a family child care license. The license holder
shall collect the information required under section 245C.05, subdivision 1, and forward
the information to the county agency using the commissioner's online system. The county
agency shall verify the information and forward the information to the commissioner using
the commissioner's online system. 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, paragraph (a), clauses (1) to (5), 3, and 4.
new text end

new text begin (g) 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 family child care license holder. The license holder
shall collect the information required under section 245C.05, subdivision 1, and forward
the information to the county agency using the commissioner's online system. The
county agency shall verify the information and forward it to the commissioner using the
commissioner's online system. The background study conducted by the commissioner
under this paragraph must include a review of the information required under section
245C.08, subdivisions 1, paragraph (a), 3, and 4.
new text end

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

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

Sec. 5.

Minnesota Statutes 2008, section 245C.05, subdivision 2, is amended to read:

Subd. 2.

Applicant, license holder, or other entity.

new text begin (a) new text end The applicant, license
holder, or other entities as provided in this chapter shall provide the information collected
under subdivision 1 about an individual who is the subject of the background study on
forms or in a format prescribed by the commissioner.

new text begin (b) For background studies related to family child care, the applicant or license
holder shall collect the information under subdivision 1 and forward it to the county
agency using the commissioner's online system.
new text end

Sec. 6.

Minnesota Statutes 2008, section 245C.05, subdivision 2a, is amended to read:

Subd. 2a.

County or private agency.

new text begin (a) new text end For background studies related to child
foster care, county and private agencies must collect the information under subdivision 1
and forward it to the commissioner.

new text begin (b) For background studies related to family child care, the county agency shall
verify the information received from the applicant or license holder under subdivision 1
and forward it to the commissioner using the commissioner's online system.
new text end

Sec. 7.

Minnesota Statutes 2008, section 245C.05, subdivision 4, is amended to read:

Subd. 4.

Electronic transmission.

For background studies conducted by the
Department of Human Services, the commissioner shall implement a system for the
electronic transmission of:

(1) background study information to the commissioner;

(2) background study results to the license holder; deleted text begin and
deleted text end

(3) background study results to county and private agencies for background studies
conducted by the commissioner for child foster care new text begin ; and
new text end

new text begin (4) background study results to county agencies for background studies conducted
by the commissioner for family child care new text end .

Sec. 8.

Minnesota Statutes 2008, section 245C.05, subdivision 7, is amended to read:

Subd. 7.

Probation officer and corrections agent.

(a) A probation officer or
corrections agent shall notify the commissioner of an individual's conviction if the
individual is:

(1) affiliated with a program or facility regulated by the Department of Human
Services or Department of Health, a facility serving children or youth licensed by the
Department of Corrections, or any type of home care agency or provider of personal care
assistance services; and

(2) convicted of a crime constituting a disqualification under section 245C.14.

(b) For the purpose of this subdivision, "conviction" has the meaning given it
in section 609.02, subdivision 5.

(c) The commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this subdivision and shall provide
the forms and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.

(d) The commissioner shall inform individuals subject to a background study that
criminal convictions for disqualifying crimes will be reported to the commissioner by the
corrections system.

(e) A probation officer, corrections agent, or corrections agency is not civilly or
criminally liable for disclosing or failing to disclose the information required by this
subdivision.

(f) Upon receipt of disqualifying information, the commissioner shall provide the
notice required under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the background
study status of the individual.

deleted text begin (g) This subdivision does not apply to family child care programs.
deleted text end

Sec. 9.

Minnesota Statutes 2008, section 245C.08, subdivision 2, is amended to read:

Subd. 2.

Background studies conducted by a county agency.

(a) For a background
study conducted by a county agency for adult foster care deleted text begin , deleted text end new text begin and new text end family adult day services,
deleted text begin and family child care services, deleted text end the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clause (3), unless the commissioner received
notice of the petition for expungement and the court order for expungement is directed
specifically to the commissioner.

Sec. 10.

Minnesota Statutes 2008, section 245C.10, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Family child care services. new text end

new text begin The commissioner shall recover the cost of
background studies required under section 245C.03, subdivision 1, for the purposes of
family child care licensing, through a fee of no more than $20 per study charged to the
subject of the background study. The fees collected under this subdivision are appropriated
to the commissioner for the purpose of conducting background studies.
new text end

Sec. 11.

Minnesota Statutes 2008, section 245C.17, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Notice to county agency. new text end

new text begin For studies on individuals related to a license to
provide family child care, the commissioner shall also provide a notice of the background
study results to the county agency that initiated the background study.
new text end

Sec. 12.

Minnesota Statutes 2008, section 245C.21, subdivision 1a, is amended to read:

Subd. 1a.

Submission of reconsideration request deleted text begin to county or private deleted text end agency.

(a) For disqualifications related to studies conducted by county agencies new text begin for adult foster
care and family adult day services new text end , and for disqualifications related to studies conducted
by the commissioner for child foster care new text begin and family child care new text end , the individual shall
submit the request for reconsideration to the county deleted text begin or private deleted text end agency that initiated the
background study.

(b) A reconsideration request shall be submitted within 30 days of the individual's
receipt of the disqualification notice or the time frames specified in subdivision 2,
whichever time frame is shorter.

(c) The county or private agency shall forward the individual's request for
reconsideration and provide the commissioner with a recommendation whether to set aside
the individual's disqualification.

new text begin (d) In addition to the requirements in paragraphs (a) to (c), for disqualifications
related to studies conducted by the commissioner for child foster care, the individual shall
submit the request for reconsideration to the private agency that initiated the background
study.
new text end

Sec. 13.

Minnesota Statutes 2008, section 245C.23, subdivision 2, is amended to read:

Subd. 2.

Commissioner's notice of disqualification that is not set aside.

(a) The
commissioner shall notify the license holder of the disqualification and order the license
holder to immediately remove the individual from any position allowing direct contact
with persons receiving services from the license holder if:

(1) the individual studied does not submit a timely request for reconsideration
under section 245C.21;

(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section 245C.22;

(3) an individual who has a right to request a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14 for a disqualification that has not been set aside, does
not request a hearing within the specified time; or

(4) an individual submitted a timely request for a hearing under sections 245C.27
and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.

(b) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous, direct supervision when providing direct
contact services, the order remains in effect pending the outcome of a hearing under
sections 245C.27 and 256.045, or 245C.28 and chapter 14.

(c) For background studies related to child foster care, the commissioner shall
also notify the county or private agency that initiated the study of the results of the
reconsideration.

new text begin (d) For background studies related to family child care, the commissioner shall also
notify the county that initiated the study of the results of the reconsideration.
new text end

Sec. 14.

new text begin [299C.461] INFORMATION AVAILABLE TO DEPARTMENT OF
HUMAN SERVICES.
new text end

new text begin The commissioner of public safety shall develop and make available to the
commissioner of human services a rap-back capability such that, if the Bureau of Criminal
Apprehension's criminal history record for an individual on whom the Department
of Human Services conducted a criminal history check with the Bureau of Criminal
Apprehension under chapter 245C, subsequently receives additional criminal history
information, the Department of Public Safety must immediately inform the Department
of Human Services.
new text end