HF 1595

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to human services; modifying licensing disqualifications; amending
Minnesota Statutes 2008, section 245C.24, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and (c) 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 chemical dependency 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.

new text begin (c) Notwithstanding paragraph (a), the commissioner may set aside the
disqualification or grant a variance relating to the disqualification of an individual who
is disqualified based on the involuntary termination of parental rights under section
260C.301, unless the individual is disqualified in connection with a license to provide
family child care or child foster care.
new text end