HF 1925

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; making changes to 
  1.3             licensing provisions and background studies; amending 
  1.4             Minnesota Statutes 2004, sections 13.46, subdivision 
  1.5             4; 245A.02, subdivision 17; 245A.03, subdivisions 2, 
  1.6             3; 245A.04, subdivisions 7, 13; 245A.07, subdivisions 
  1.7             1, 3; 245A.08, subdivisions 2a, 5; 245A.14, by adding 
  1.8             subdivisions; 245A.144; 245A.16, subdivision 4; 
  1.9             245A.18; 245B.02, subdivision 10; 245B.055, 
  1.10            subdivision 7; 245B.07, subdivision 8; 245C.03, 
  1.11            subdivision 1; 245C.07; 245C.08, subdivisions 1, 2; 
  1.12            245C.15, subdivisions 1, 2, 3, 4; 245C.17, subdivision 
  1.13            2; 245C.21, subdivision 2; 245C.22, subdivisions 3, 4; 
  1.14            245C.24, subdivisions 2, 3; 245C.27, subdivision 1; 
  1.15            245C.28, subdivision 3; 245C.30, subdivision 2; 
  1.16            260B.163, subdivision 6; 260C.163, subdivision 5; 
  1.17            518.165, by adding subdivisions; 609A.03, subdivision 
  1.18            7; 626.556, subdivision 10i; 626.557, subdivision 9d. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  Minnesota Statutes 2004, section 13.46, 
  1.21  subdivision 4, is amended to read: 
  1.22     Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
  1.23     (1) "licensing data" means all data collected, maintained, 
  1.24  used, or disseminated by the welfare system pertaining to 
  1.25  persons licensed or registered or who apply for licensure or 
  1.26  registration or who formerly were licensed or registered under 
  1.27  the authority of the commissioner of human services; 
  1.28     (2) "client" means a person who is receiving services from 
  1.29  a licensee or from an applicant for licensure; and 
  1.30     (3) "personal and personal financial data" means Social 
  1.31  Security numbers, identity of and letters of reference, 
  1.32  insurance information, reports from the Bureau of Criminal 
  2.1   Apprehension, health examination reports, and social/home 
  2.2   studies. 
  2.3      (b)(1) Except as provided in paragraph (c), the following 
  2.4   data on current and former licensees are public:  name, address, 
  2.5   telephone number of licensees, date of receipt of a completed 
  2.6   application, dates of licensure, licensed capacity, type of 
  2.7   client preferred, variances granted, type of dwelling, name and 
  2.8   relationship of other family members, previous license history, 
  2.9   class of license, and the existence and status of complaints.  
  2.10  When a correction order or fine has been issued, a license is 
  2.11  suspended, immediately suspended, revoked, denied, or made 
  2.12  conditional, or a complaint is resolved, the following data on 
  2.13  current and former licensees are public:  the substance and 
  2.14  investigative findings of the complaint, licensing violation, or 
  2.15  substantiated maltreatment; the record of informal resolution of 
  2.16  a licensing violation; orders of hearing; findings of fact; 
  2.17  conclusions of law; specifications of the final correction 
  2.18  order, fine, suspension, immediate suspension, revocation, 
  2.19  denial, or conditional license contained in the record of 
  2.20  licensing action; and the status of any appeal of these 
  2.21  actions.  When an individual licensee is a substantiated 
  2.22  perpetrator of maltreatment, and the substantiated maltreatment 
  2.23  is a reason for the licensing action, the identity of the 
  2.24  licensee as a perpetrator is public data.  For purposes of this 
  2.25  clause, a person is a substantiated perpetrator if the 
  2.26  maltreatment determination has been upheld under section 
  2.27  626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045, 
  2.28  or an individual or facility has not timely exercised appeal 
  2.29  rights under these sections. 
  2.30     (2) For applicants who withdraw their application prior to 
  2.31  licensure or denial of a license, the following data are 
  2.32  public:  the name of the applicant, the city and county in which 
  2.33  the applicant was seeking licensure, the dates of the 
  2.34  commissioner's receipt of the initial application and completed 
  2.35  application, the type of license sought, and the date of 
  2.36  withdrawal of the application. 
  3.1      (3) For applicants who are denied a license, the following 
  3.2   data are public:  the name of the applicant, the city and county 
  3.3   in which the applicant was seeking licensure, the dates of the 
  3.4   commissioner's receipt of the initial application and completed 
  3.5   application, the type of license sought, the date of denial of 
  3.6   the application, the nature of the basis for the denial, and the 
  3.7   status of any appeal of the denial. 
  3.8      (4) The following data on persons subject to 
  3.9   disqualification under section 245C.14 in connection with a 
  3.10  license to provide family day care for children, child care 
  3.11  center services, foster care for children in the provider's 
  3.12  home, or foster care or day care services for adults in the 
  3.13  provider's home, are public:  the nature of any disqualification 
  3.14  set aside under section 245C.22, subdivisions 2 and 4, and the 
  3.15  reasons for setting aside the disqualification; and the reasons 
  3.16  for granting any variance under section 245A.04, subdivision 9. 
  3.17     (5) When maltreatment is substantiated under section 
  3.18  626.556 or 626.557 and the victim and the substantiated 
  3.19  perpetrator are affiliated with a program licensed under chapter 
  3.20  245A, the commissioner of human services, local social services 
  3.21  agency, or county welfare agency may inform the license holder 
  3.22  where the maltreatment occurred of the identity of the 
  3.23  substantiated perpetrator and the victim. 
  3.24     (c) The following are private data on individuals under 
  3.25  section 13.02, subdivision 12, or nonpublic data under section 
  3.26  13.02, subdivision 9:  personal and personal financial data on 
  3.27  family day care program and family foster care program 
  3.28  applicants and licensees and their family members who provide 
  3.29  services under the license. 
  3.30     (d) The following are private data on individuals:  the 
  3.31  identity of persons who have made reports concerning licensees 
  3.32  or applicants that appear in inactive investigative data, and 
  3.33  the records of clients or employees of the licensee or applicant 
  3.34  for licensure whose records are received by the licensing agency 
  3.35  for purposes of review or in anticipation of a contested 
  3.36  matter.  The names of reporters under sections 626.556 and 
  4.1   626.557 may be disclosed only as provided in section 626.556, 
  4.2   subdivision 11, or 626.557, subdivision 12b. 
  4.3      (e) Data classified as private, confidential, nonpublic, or 
  4.4   protected nonpublic under this subdivision become public data if 
  4.5   submitted to a court or administrative law judge as part of a 
  4.6   disciplinary proceeding in which there is a public hearing 
  4.7   concerning a license which has been suspended, immediately 
  4.8   suspended, revoked, or denied. 
  4.9      (f) Data generated in the course of licensing 
  4.10  investigations that relate to an alleged violation of law are 
  4.11  investigative data under subdivision 3. 
  4.12     (g) Data that are not public data collected, maintained, 
  4.13  used, or disseminated under this subdivision that relate to or 
  4.14  are derived from a report as defined in section 626.556, 
  4.15  subdivision 2, or 626.5572, subdivision 18, are subject to the 
  4.16  destruction provisions of sections 626.556, subdivision 11c, and 
  4.17  626.557, subdivision 12b.  
  4.18     (h) Upon request, not public data collected, maintained, 
  4.19  used, or disseminated under this subdivision that relate to or 
  4.20  are derived from a report of substantiated maltreatment as 
  4.21  defined in section 626.556 or 626.557 may be exchanged with the 
  4.22  Department of Health for purposes of completing background 
  4.23  studies pursuant to section 144.057 and with the Department of 
  4.24  Corrections for purposes of completing background studies 
  4.25  pursuant to section 241.021. 
  4.26     (i) Data on individuals collected according to licensing 
  4.27  activities under chapters 245A and 245C, and data on individuals 
  4.28  collected by the commissioner of human services according to 
  4.29  maltreatment investigations under sections 626.556 and 626.557, 
  4.30  may be shared with the Department of Human Rights, the 
  4.31  Department of Health, the Department of Corrections, the 
  4.32  Ombudsman for Mental Health and Retardation, and the 
  4.33  individual's professional regulatory board when there is reason 
  4.34  to believe that laws or standards under the jurisdiction of 
  4.35  those agencies may have been violated. 
  4.36     (j) In addition to the notice of determinations required 
  5.1   under section 626.556, subdivision 10f, if the commissioner or 
  5.2   the local social services agency has determined that an 
  5.3   individual is a substantiated perpetrator of maltreatment of a 
  5.4   child based on sexual abuse, as defined in section 626.556, 
  5.5   subdivision 2, and the commissioner or local social services 
  5.6   agency knows that the individual is a person responsible for a 
  5.7   child's care in another facility, the commissioner or local 
  5.8   social services agency shall notify the head of that facility of 
  5.9   this determination.  The notification must include an 
  5.10  explanation of the individual's available appeal rights and the 
  5.11  status of any appeal.  If a notice is given under this 
  5.12  paragraph, the government entity making the notification shall 
  5.13  provide a copy of the notice to the individual who is the 
  5.14  subject of the notice. 
  5.15     (k) All not public data collected, maintained, used, or 
  5.16  disseminated under this subdivision and subdivision 3 may be 
  5.17  exchanged between the Department of Human Services, Licensing 
  5.18  Division, and the Department of Corrections for purposes of 
  5.19  regulating services for which the Department of Human Services 
  5.20  and the Department of Corrections have regulatory authority. 
  5.21     Sec. 2.  Minnesota Statutes 2004, section 245A.02, 
  5.22  subdivision 17, is amended to read: 
  5.23     Subd. 17.  [SCHOOL AGE CHILD CARE PROGRAM.] "School age 
  5.24  child care program" means a program licensed or required to be 
  5.25  licensed as a child care center, serving more than ten children 
  5.26  with the primary purpose of providing child care for school age 
  5.27  children.  School age child care program does not include 
  5.28  programs such as scouting, boys clubs, girls clubs, nor sports 
  5.29  or art programs. 
  5.30     Sec. 3.  Minnesota Statutes 2004, section 245A.03, 
  5.31  subdivision 2, is amended to read: 
  5.32     Subd. 2.  [EXCLUSION FROM LICENSURE.] (a) This chapter does 
  5.33  not apply to: 
  5.34     (1) residential or nonresidential programs that are 
  5.35  provided to a person by an individual who is related unless the 
  5.36  residential program is a child foster care placement made by a 
  6.1   local social services agency or a licensed child-placing agency, 
  6.2   except as provided in subdivision 2a; 
  6.3      (2) nonresidential programs that are provided by an 
  6.4   unrelated individual to persons from a single related family; 
  6.5      (3) residential or nonresidential programs that are 
  6.6   provided to adults who do not abuse chemicals or who do not have 
  6.7   a chemical dependency, a mental illness, mental retardation or a 
  6.8   related condition, a functional impairment, or a physical 
  6.9   handicap; 
  6.10     (4) sheltered workshops or work activity programs that are 
  6.11  certified by the commissioner of economic security; 
  6.12     (5) programs operated by a public school for children 33 
  6.13  months or older; 
  6.14     (6) nonresidential programs primarily for children that 
  6.15  provide care or supervision for periods of less than three hours 
  6.16  a day while the child's parent or legal guardian is in the same 
  6.17  building as the nonresidential program or present within another 
  6.18  building that is directly contiguous to the building in which 
  6.19  the nonresidential program is located; 
  6.20     (7) nursing homes or hospitals licensed by the commissioner 
  6.21  of health except as specified under section 245A.02; 
  6.22     (8) board and lodge facilities licensed by the commissioner 
  6.23  of health that provide services for five or more persons whose 
  6.24  primary diagnosis is mental illness that do not provide 
  6.25  intensive residential treatment; 
  6.26     (9) homes providing programs for persons placed there by a 
  6.27  licensed agency for legal adoption, unless the adoption is not 
  6.28  completed within two years; 
  6.29     (10) programs licensed by the commissioner of corrections; 
  6.30     (11) recreation programs for children or adults that are 
  6.31  operated or approved by a park and recreation board whose 
  6.32  primary purpose is to provide social and recreational 
  6.33  activities; 
  6.34     (12) programs operated by a school as defined in section 
  6.35  120A.22, subdivision 4, whose primary purpose is to provide 
  6.36  child care to school-age children; 
  7.1      (13) Head Start nonresidential programs which operate for 
  7.2   less than 31 45 days in each calendar year; 
  7.3      (14) noncertified boarding care homes unless they provide 
  7.4   services for five or more persons whose primary diagnosis is 
  7.5   mental illness or mental retardation; 
  7.6      (15) programs for children such as scouting, boys clubs, 
  7.7   girls clubs, and sports and art programs, and nonresidential 
  7.8   programs for children provided for a cumulative total of less 
  7.9   than 30 days in any 12-month period; 
  7.10     (16) residential programs for persons with mental illness, 
  7.11  that are located in hospitals; 
  7.12     (17) the religious instruction of school-age children; 
  7.13  Sabbath or Sunday schools; or the congregate care of children by 
  7.14  a church, congregation, or religious society during the period 
  7.15  used by the church, congregation, or religious society for its 
  7.16  regular worship; 
  7.17     (18) camps licensed by the commissioner of health under 
  7.18  Minnesota Rules, chapter 4630; 
  7.19     (19) mental health outpatient services for adults with 
  7.20  mental illness or children with emotional disturbance; 
  7.21     (20) residential programs serving school-age children whose 
  7.22  sole purpose is cultural or educational exchange, until the 
  7.23  commissioner adopts appropriate rules; 
  7.24     (21) unrelated individuals who provide out-of-home respite 
  7.25  care services to persons with mental retardation or related 
  7.26  conditions from a single related family for no more than 90 days 
  7.27  in a 12-month period and the respite care services are for the 
  7.28  temporary relief of the person's family or legal representative; 
  7.29     (22) respite care services provided as a home and 
  7.30  community-based service to a person with mental retardation or a 
  7.31  related condition, in the person's primary residence; 
  7.32     (23) community support services programs as defined in 
  7.33  section 245.462, subdivision 6, and family community support 
  7.34  services as defined in section 245.4871, subdivision 17; 
  7.35     (24) the placement of a child by a birth parent or legal 
  7.36  guardian in a preadoptive home for purposes of adoption as 
  8.1   authorized by section 259.47; 
  8.2      (25) settings registered under chapter 144D which provide 
  8.3   home care services licensed by the commissioner of health to 
  8.4   fewer than seven adults; or 
  8.5      (26) consumer-directed community support service funded 
  8.6   under the Medicaid waiver for persons with mental retardation 
  8.7   and related conditions when the individual who provided the 
  8.8   service is:  
  8.9      (i) the same individual who is the direct payee of these 
  8.10  specific waiver funds or paid by a fiscal agent, fiscal 
  8.11  intermediary, or employer of record; and 
  8.12     (ii) not otherwise under the control of a residential or 
  8.13  nonresidential program that is required to be licensed under 
  8.14  this chapter when providing the service. 
  8.15     (b) For purposes of paragraph (a), clause (6), a building 
  8.16  is directly contiguous to a building in which a nonresidential 
  8.17  program is located if it shares a common wall with the building 
  8.18  in which the nonresidential program is located or is attached to 
  8.19  that building by skyway, tunnel, atrium, or common roof. 
  8.20     (c) Nothing in this chapter shall be construed to require 
  8.21  licensure for any services provided and funded according to an 
  8.22  approved federal waiver plan where licensure is specifically 
  8.23  identified as not being a condition for the services and funding.
  8.24     Sec. 4.  Minnesota Statutes 2004, section 245A.03, 
  8.25  subdivision 3, is amended to read: 
  8.26     Subd. 3.  [UNLICENSED PROGRAMS.] (a) It is a misdemeanor 
  8.27  for an individual, corporation, partnership, voluntary 
  8.28  association, other organization, or a controlling individual to 
  8.29  provide a residential or nonresidential program without a 
  8.30  license and in willful disregard of this chapter unless the 
  8.31  program is excluded from licensure under subdivision 2. 
  8.32     (b) The commissioner may ask the appropriate county 
  8.33  attorney or the attorney general to begin proceedings to secure 
  8.34  a court order against the continued operation of the program, if 
  8.35  an individual, corporation, partnership, voluntary association, 
  8.36  other organization, or controlling individual has:  
  9.1      (1) failed to apply for a license after receiving notice 
  9.2   that a license is required or continues to operate without a 
  9.3   license after receiving notice that a license is required; 
  9.4      (2) continued to operate without a license after the 
  9.5   license has been revoked or suspended under section 245A.07, and 
  9.6   the commissioner has issued a final order affirming the 
  9.7   revocation or suspension, or the license holder did not timely 
  9.8   appeal the sanction; or 
  9.9      (3) continued to operate without a license after the 
  9.10  license has been temporarily suspended under section 245A.07.  
  9.11  The county attorney and the attorney general have a duty to 
  9.12  cooperate with the commissioner.  
  9.13     Sec. 5.  Minnesota Statutes 2004, section 245A.04, 
  9.14  subdivision 7, is amended to read: 
  9.15     Subd. 7.  [ISSUANCE OF A LICENSE; EXTENSION OF A LICENSE.] 
  9.16  (a) If the commissioner determines that the program complies 
  9.17  with all applicable rules and laws, the commissioner shall issue 
  9.18  a license.  At minimum, the license shall state:  
  9.19     (1) the name of the license holder; 
  9.20     (2) the address of the program; 
  9.21     (3) the effective date and expiration date of the license; 
  9.22     (4) the type of license; 
  9.23     (5) the maximum number and ages of persons that may receive 
  9.24  services from the program; and 
  9.25     (6) any special conditions of licensure. 
  9.26     (b) The commissioner may issue an initial license for a 
  9.27  period not to exceed two years if:  
  9.28     (1) the commissioner is unable to conduct the evaluation or 
  9.29  observation required by subdivision 4, paragraph (a), clauses (3)
  9.30  and (4), because the program is not yet operational; 
  9.31     (2) certain records and documents are not available because 
  9.32  persons are not yet receiving services from the program; and 
  9.33     (3) the applicant complies with applicable laws and rules 
  9.34  in all other respects.  
  9.35     (c) A decision by the commissioner to issue a license does 
  9.36  not guarantee that any person or persons will be placed or cared 
 10.1   for in the licensed program.  A license shall not be 
 10.2   transferable to another individual, corporation, partnership, 
 10.3   voluntary association, other organization, or controlling or to 
 10.4   another location. 
 10.5      (d) A license holder must notify the commissioner and 
 10.6   obtain the commissioner's approval before making any changes 
 10.7   that would alter the license information listed under paragraph 
 10.8   (a). 
 10.9      (e) The commissioner shall not issue a license if the 
 10.10  applicant, license holder, or controlling individual has:  
 10.11     (1) been disqualified and the disqualification was not set 
 10.12  aside; 
 10.13     (2) has been denied a license within the past two years; or 
 10.14     (3) had a license revoked within the past five years. 
 10.15     (f) The commissioner shall not issue a license if an 
 10.16  individual living in the household where the licensed services 
 10.17  will be provided as specified under section 245C.03, subdivision 
 10.18  1, has been disqualified and the disqualification has not been 
 10.19  set aside. 
 10.20     For purposes of reimbursement for meals only, under the 
 10.21  Child and Adult Care Food Program, Code of Federal Regulations, 
 10.22  title 7, subtitle B, chapter II, subchapter A, part 226, 
 10.23  relocation within the same county by a licensed family day care 
 10.24  provider, shall be considered an extension of the license for a 
 10.25  period of no more than 30 calendar days or until the new license 
 10.26  is issued, whichever occurs first, provided the county agency 
 10.27  has determined the family day care provider meets licensure 
 10.28  requirements at the new location. 
 10.29     Unless otherwise specified by statute, all licenses expire 
 10.30  at 12:01 a.m. on the day after the expiration date stated on the 
 10.31  license.  A license holder must apply for and be granted a new 
 10.32  license to operate the program or the program must not be 
 10.33  operated after the expiration date.  
 10.34     Sec. 6.  Minnesota Statutes 2004, section 245A.04, 
 10.35  subdivision 13, is amended to read: 
 10.36     Subd. 13.  [RESIDENTIAL PROGRAMS HANDLING RESIDENT FUNDS 
 11.1   AND PROPERTY; ADDITIONAL REQUIREMENTS.] (a) A license holder 
 11.2   must ensure that residents persons served by the program retain 
 11.3   the use and availability of personal funds or property unless 
 11.4   restrictions are justified in the resident's person's individual 
 11.5   plan.  This subdivision does not apply to programs governed by 
 11.6   the provisions in section 245B.07, subdivision 10. 
 11.7      (b) The license holder must ensure separation of resident 
 11.8   funds of persons served by the program from funds of the license 
 11.9   holder, the residential program, or program staff. 
 11.10     (c) Whenever the license holder assists a resident person 
 11.11  served by the program with the safekeeping of funds or other 
 11.12  property, the license holder must: 
 11.13     (1) immediately document receipt and disbursement of the 
 11.14  resident's person's funds or other property at the time of 
 11.15  receipt or disbursement, including the person's signature of the 
 11.16  resident, or the signature of the conservator, or payee; and 
 11.17     (2) provide a statement, at least quarterly, itemizing 
 11.18  receipts and disbursements of resident funds or other property; 
 11.19  and 
 11.20     (3) return to the resident person upon the 
 11.21  resident's person's request, funds and property in the license 
 11.22  holder's possession subject to restrictions in the resident's 
 11.23  person's treatment plan, as soon as possible, but no later than 
 11.24  three working days after the date of request. 
 11.25     (d) License holders and program staff must not: 
 11.26     (1) borrow money from a resident person served by the 
 11.27  program; 
 11.28     (2) purchase personal items from a resident person served 
 11.29  by the program; 
 11.30     (3) sell merchandise or personal services to a resident 
 11.31  person served by the program; 
 11.32     (4) require a resident person served by the program to 
 11.33  purchase items for which the license holder is eligible for 
 11.34  reimbursement; or 
 11.35     (5) use resident funds of persons served by the program to 
 11.36  purchase items for which the facility is already receiving 
 12.1   public or private payments. 
 12.2      Sec. 7.  Minnesota Statutes 2004, section 245A.07, 
 12.3   subdivision 1, is amended to read: 
 12.4      Subdivision 1.  [SANCTIONS AVAILABLE; APPEALS; TEMPORARY 
 12.5   PROVISIONAL LICENSE.] (a) In addition to making a license 
 12.6   conditional under section 245A.06, the commissioner may propose 
 12.7   to suspend or revoke the license, impose a fine, or secure an 
 12.8   injunction against the continuing operation of the program of a 
 12.9   license holder who does not comply with applicable law or rule.  
 12.10  When applying sanctions authorized under this section, the 
 12.11  commissioner shall consider the nature, chronicity, or severity 
 12.12  of the violation of law or rule and the effect of the violation 
 12.13  on the health, safety, or rights of persons served by the 
 12.14  program. 
 12.15     (b) If a license holder appeals the suspension or 
 12.16  revocation of a license and the license holder continues to 
 12.17  operate the program pending a final order on the appeal, and the 
 12.18  license expires during this time period, the commissioner shall 
 12.19  issue the license holder a temporary provisional license.  The 
 12.20  temporary provisional license is effective on the date issued 
 12.21  and expires on the date that a final order is issued.  Unless 
 12.22  otherwise specified by the commissioner, variances in effect on 
 12.23  the date of the license sanction under appeal continue under the 
 12.24  temporary provisional license.  If a license holder fails to 
 12.25  comply with applicable law or rule while operating under a 
 12.26  temporary provisional license, the commissioner may impose 
 12.27  sanctions under this section and section 245A.06, and may 
 12.28  terminate any prior variance.  If the license holder prevails on 
 12.29  the appeal and the effective period of the previous license has 
 12.30  expired, a new license shall be issued to the license holder 
 12.31  upon payment of any fee required under section 245A.10.  The 
 12.32  effective date of the new license shall be retroactive to the 
 12.33  date the license would have shown had no sanction been 
 12.34  initiated.  The expiration date shall be the expiration date of 
 12.35  that license had no license sanction been initiated. 
 12.36     (c) If a license holder is under investigation and the 
 13.1   license is due to expire before completion of the investigation, 
 13.2   the program shall be issued a new license upon completion of the 
 13.3   reapplication requirements.  Upon completion of the 
 13.4   investigation, a licensing sanction may be imposed against the 
 13.5   new license under this section, section 245A.06, or 245A.08. 
 13.6      (d) Failure to reapply or closure of a license by the 
 13.7   license holder prior to the completion of any investigation 
 13.8   shall not preclude the commissioner from issuing a licensing 
 13.9   sanction under this section, section 245A.06, or 245A.08 at the 
 13.10  conclusion of the investigation. 
 13.11     Sec. 8.  Minnesota Statutes 2004, section 245A.07, 
 13.12  subdivision 3, is amended to read: 
 13.13     Subd. 3.  [LICENSE SUSPENSION, REVOCATION, OR FINE.] (a) 
 13.14  The commissioner may suspend or revoke a license, or impose a 
 13.15  fine if a license holder fails to comply fully with applicable 
 13.16  laws or rules, if a license holder or an individual living in 
 13.17  the household where the licensed services are provided has a 
 13.18  disqualification which has not been set aside under section 
 13.19  245C.22, or if a license holder knowingly withholds relevant 
 13.20  information from or gives false or misleading information to the 
 13.21  commissioner in connection with an application for a license, in 
 13.22  connection with the background study status of an individual, or 
 13.23  during an investigation.  A license holder who has had a license 
 13.24  suspended, revoked, or has been ordered to pay a fine must be 
 13.25  given notice of the action by certified mail or personal 
 13.26  service.  If mailed, the notice must be mailed to the address 
 13.27  shown on the application or the last known address of the 
 13.28  license holder.  The notice must state the reasons the license 
 13.29  was suspended, revoked, or a fine was ordered. 
 13.30     (a) (b) If the license was suspended or revoked, the notice 
 13.31  must inform the license holder of the right to a contested case 
 13.32  hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 
 13.33  1400.8612.  The license holder may appeal an order suspending or 
 13.34  revoking a license.  The appeal of an order suspending or 
 13.35  revoking a license must be made in writing by certified mail or 
 13.36  personal service.  If mailed, the appeal must be postmarked and 
 14.1   sent to the commissioner within ten calendar days after the 
 14.2   license holder receives notice that the license has been 
 14.3   suspended or revoked.  If a request is made by personal service, 
 14.4   it must be received by the commissioner within ten calendar days 
 14.5   after the license holder received the order.  Except as provided 
 14.6   in subdivision 2a, paragraph (c), a timely appeal of an order 
 14.7   suspending or revoking a license shall stay the suspension or 
 14.8   revocation until the commissioner issues a final order.  
 14.9      (b)(c)(1) If the license holder was ordered to pay a fine, 
 14.10  the notice must inform the license holder of the responsibility 
 14.11  for payment of fines and the right to a contested case hearing 
 14.12  under chapter 14 and Minnesota Rules, parts 1400.8505 to 
 14.13  1400.8612.  The appeal of an order to pay a fine must be made in 
 14.14  writing by certified mail or personal service.  If mailed, the 
 14.15  appeal must be postmarked and sent to the commissioner within 
 14.16  ten calendar days after the license holder receives notice that 
 14.17  the fine has been ordered.  If a request is made by personal 
 14.18  service, it must be received by the commissioner within ten 
 14.19  calendar days after the license holder received the order.  
 14.20     (2) The license holder shall pay the fines assessed on or 
 14.21  before the payment date specified.  If the license holder fails 
 14.22  to fully comply with the order, the commissioner may issue a 
 14.23  second fine or suspend the license until the license holder 
 14.24  complies.  If the license holder receives state funds, the 
 14.25  state, county, or municipal agencies or departments responsible 
 14.26  for administering the funds shall withhold payments and recover 
 14.27  any payments made while the license is suspended for failure to 
 14.28  pay a fine.  A timely appeal shall stay payment of the fine 
 14.29  until the commissioner issues a final order.  
 14.30     (3) A license holder shall promptly notify the commissioner 
 14.31  of human services, in writing, when a violation specified in the 
 14.32  order to forfeit a fine is corrected.  If upon reinspection the 
 14.33  commissioner determines that a violation has not been corrected 
 14.34  as indicated by the order to forfeit a fine, the commissioner 
 14.35  may issue a second fine.  The commissioner shall notify the 
 14.36  license holder by certified mail or personal service that a 
 15.1   second fine has been assessed.  The license holder may appeal 
 15.2   the second fine as provided under this subdivision. 
 15.3      (4) Fines shall be assessed as follows:  the license holder 
 15.4   shall forfeit $1,000 for each determination of maltreatment of a 
 15.5   child under section 626.556 or the maltreatment of a vulnerable 
 15.6   adult under section 626.557; the license holder shall forfeit 
 15.7   $200 for each occurrence of a violation of law or rule governing 
 15.8   matters of health, safety, or supervision, including but not 
 15.9   limited to the provision of adequate staff-to-child or adult 
 15.10  ratios, and failure to submit a background study; and the 
 15.11  license holder shall forfeit $100 for each occurrence of a 
 15.12  violation of law or rule other than those subject to a $1,000 or 
 15.13  $200 fine above.  For purposes of this section, "occurrence" 
 15.14  means each violation identified in the commissioner's fine order.
 15.15     (5) When a fine has been assessed, the license holder may 
 15.16  not avoid payment by closing, selling, or otherwise transferring 
 15.17  the licensed program to a third party.  In such an event, the 
 15.18  license holder will be personally liable for payment.  In the 
 15.19  case of a corporation, each controlling individual is personally 
 15.20  and jointly liable for payment.  
 15.21     Sec. 9.  Minnesota Statutes 2004, section 245A.08, 
 15.22  subdivision 2a, is amended to read: 
 15.23     Subd. 2a.  [CONSOLIDATED CONTESTED CASE HEARINGS FOR 
 15.24  SANCTIONS BASED ON MALTREATMENT DETERMINATIONS AND 
 15.25  DISQUALIFICATIONS.] (a) When a denial of a license under section 
 15.26  245A.05 or a licensing sanction under section 245A.07, 
 15.27  subdivision 3, is based on a disqualification for which 
 15.28  reconsideration was requested and which was not set aside under 
 15.29  section 245C.22, the scope of the contested case hearing shall 
 15.30  include the disqualification and the licensing sanction or 
 15.31  denial of a license.  When the licensing sanction or denial of a 
 15.32  license is based on a determination of maltreatment under 
 15.33  section 626.556 or 626.557, or a disqualification for serious or 
 15.34  recurring maltreatment which was not set aside, the scope of the 
 15.35  contested case hearing shall include the maltreatment 
 15.36  determination, disqualification, and the licensing sanction or 
 16.1   denial of a license.  In such cases, a fair hearing under 
 16.2   section 256.045 shall not be conducted as provided for in 
 16.3   sections 626.556, subdivision 10i, and 626.557, subdivision 9d.  
 16.4   When a fine is based on a determination that the license holder 
 16.5   is responsible for maltreatment and the fine is issued at the 
 16.6   same time as the maltreatment determination, if the license 
 16.7   holder appeals the maltreatment and fine, the scope of the 
 16.8   contested case hearing shall include the maltreatment 
 16.9   determination and fine and reconsideration of the maltreatment 
 16.10  determination shall not be conducted as provided for in sections 
 16.11  626.556, subdivision 10i, and 626.557, subdivision 9d. 
 16.12     (b) In consolidated contested case hearings regarding 
 16.13  sanctions issued in family child care, child foster care, family 
 16.14  adult day services, and adult foster care, the county attorney 
 16.15  shall defend the commissioner's orders in accordance with 
 16.16  section 245A.16, subdivision 4. 
 16.17     (c) The commissioner's final order under subdivision 5 is 
 16.18  the final agency action on the issue of maltreatment and 
 16.19  disqualification, including for purposes of subsequent 
 16.20  background studies under chapter 245C and is the only 
 16.21  administrative appeal of the final agency determination, 
 16.22  specifically, including a challenge to the accuracy and 
 16.23  completeness of data under section 13.04. 
 16.24     (d) When consolidated hearings under this subdivision 
 16.25  involve a licensing sanction based on a previous maltreatment 
 16.26  determination for which the commissioner has issued a final 
 16.27  order in an appeal of that determination under section 256.045, 
 16.28  or the individual failed to exercise the right to appeal the 
 16.29  previous maltreatment determination under section 626.556, 
 16.30  subdivision 10i, or 626.557, subdivision 9d, the commissioner's 
 16.31  order is conclusive on the issue of maltreatment.  In such 
 16.32  cases, the scope of the administrative law judge's review shall 
 16.33  be limited to the disqualification and the licensing sanction or 
 16.34  denial of a license.  In the case of a denial of a license or a 
 16.35  licensing sanction issued to a facility based on a maltreatment 
 16.36  determination regarding an individual who is not the license 
 17.1   holder or a household member, the scope of the administrative 
 17.2   law judge's review includes the maltreatment determination. 
 17.3      (e) If a maltreatment determination or disqualification, 
 17.4   which was not set aside under section 245C.22, is the basis for 
 17.5   a denial of a license under section 245A.05 or a licensing 
 17.6   sanction under section 245A.07, and the disqualified subject is 
 17.7   an individual other than the license holder and upon whom a 
 17.8   background study must be conducted under section 245C.03, the 
 17.9   hearings of all parties may be consolidated into a single 
 17.10  contested case hearing upon consent of all parties and the 
 17.11  administrative law judge.  
 17.12     (f) Notwithstanding section 245C.27, subdivision 1, 
 17.13  paragraph (c), when a denial of a license under section 245A.05 
 17.14  or a licensing sanction under section 245A.07 is based on a 
 17.15  disqualification for which reconsideration was requested and was 
 17.16  not set aside under section 245C.22, and the disqualification 
 17.17  was based on a conviction or an admission to any crimes listed 
 17.18  in section 245C.15, the scope of the administrative law judge's 
 17.19  review shall include the denial or sanction and a determination 
 17.20  whether the disqualification should be set aside.  In 
 17.21  determining whether the disqualification should be set aside, 
 17.22  the administrative law judge shall consider the factors under 
 17.23  section 245C.22, subdivision 4, to determine whether the 
 17.24  individual poses a risk of harm to any person receiving services 
 17.25  from the license holder. 
 17.26     (g) Notwithstanding section 245C.30, subdivision 5, when a 
 17.27  licensing sanction under section 245A.07 is based on the 
 17.28  termination of a variance under section 245C.30, subdivision 4, 
 17.29  the scope of the administrative law judge's review shall include 
 17.30  the sanction and a determination whether the disqualification 
 17.31  should be set aside.  In determining whether the 
 17.32  disqualification should be set aside, the administrative law 
 17.33  judge shall consider the factors under section 245C.22, 
 17.34  subdivision 4, to determine whether the individual poses a risk 
 17.35  of harm to any person receiving services from the license holder.
 17.36     Sec. 10.  Minnesota Statutes 2004, section 245A.08, 
 18.1   subdivision 5, is amended to read: 
 18.2      Subd. 5.  [NOTICE OF THE COMMISSIONER'S FINAL ORDER.] After 
 18.3   considering the findings of fact, conclusions, and 
 18.4   recommendations of the administrative law judge, the 
 18.5   commissioner shall issue a final order.  The commissioner shall 
 18.6   consider, but shall not be bound by, the recommendations of the 
 18.7   administrative law judge.  The appellant must be notified of the 
 18.8   commissioner's final order as required by chapter 14 and 
 18.9   Minnesota Rules, parts 1400.8505 to 1400.8612.  The notice must 
 18.10  also contain information about the appellant's rights under 
 18.11  chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.  
 18.12  The institution of proceedings for judicial review of the 
 18.13  commissioner's final order shall not stay the enforcement of the 
 18.14  final order except as provided in section 14.65.  
 18.15     Subd. 5a.  [EFFECT OF FINAL ORDER ON GRANTING A SUBSEQUENT 
 18.16  LICENSE.] (a) A license holder and each controlling individual 
 18.17  of a license holder whose license has been revoked because of 
 18.18  noncompliance with applicable law or rule must not be granted a 
 18.19  license for five years following the 
 18.20  revocation.  Notwithstanding the five-year restriction, when a 
 18.21  license is revoked because a person, other than the license 
 18.22  holder, resides in the home where services are provided and that 
 18.23  person has a disqualification that is not set aside and no 
 18.24  variance has been granted, the former license holder may reapply 
 18.25  for a license when:  
 18.26     (1) the person with a disqualification, who is not a minor 
 18.27  child, is no longer residing in the home and is prohibited from 
 18.28  residing in or returning to the home; or 
 18.29     (2) the person with the disqualification is a minor child, 
 18.30  the restriction applies until the minor child becomes an adult 
 18.31  and permanently moves away from the home or five years, 
 18.32  whichever is less.  
 18.33     (b) An applicant whose application was denied must not be 
 18.34  granted a license for two years following a denial, unless the 
 18.35  applicant's subsequent application contains new information 
 18.36  which constitutes a substantial change in the conditions that 
 19.1   caused the previous denial. 
 19.2      Sec. 11.  Minnesota Statutes 2004, section 245A.14, is 
 19.3   amended by adding a subdivision to read: 
 19.4      Subd. 12.  [FIRST AID TRAINING REQUIREMENTS FOR STAFF IN 
 19.5   CHILD CARE CENTERS.] Notwithstanding Minnesota Rules, part 
 19.6   9503.0035, subpart 2, first aid training may be less than eight 
 19.7   hours and persons qualified to provide first aid training shall 
 19.8   include individuals approved as first aid instructors. 
 19.9      Sec. 12.  Minnesota Statutes 2004, section 245A.14, is 
 19.10  amended by adding a subdivision to read: 
 19.11     Subd. 13.  [CARDIOPULMONARY RESUSCITATION (CPR) TRAINING 
 19.12  REQUIREMENT.] (a) When children are present in a child care 
 19.13  center governed by Minnesota Rules, parts 9503.0005 to 
 19.14  9503.0170, or in a family child care home governed by Minnesota 
 19.15  Rules, parts 9502.0315 to 9502.0445, at least one staff person 
 19.16  must be present in the center or home who as been trained in 
 19.17  cardiopulmonary resuscitation (CPR) and in the treatment of 
 19.18  obstructed airways.  The CPR training must have been provided by 
 19.19  an individual approved to provide CPR instruction, must be 
 19.20  repeated at least once every three years, and must be documented 
 19.21  in the staff person's records. 
 19.22     (b) Notwithstanding Minnesota Rules, part 9503.0035, 
 19.23  subpart 3, item A, cardiopulmonary resuscitation training may be 
 19.24  provided for less than four hours. 
 19.25     (c) Notwithstanding Minnesota Rules, part 9503.0035, 
 19.26  subpart 3, item C, persons qualified to provide cardiopulmonary 
 19.27  resuscitation training shall include individuals approved as 
 19.28  cardiopulmonary resuscitation instructors. 
 19.29     [EFFECTIVE DATE.] This section is effective January 1, 2006.
 19.30     Sec. 13.  Minnesota Statutes 2004, section 245A.144, is 
 19.31  amended to read: 
 19.32     245A.144 [REDUCTION OF RISK OF SUDDEN INFANT DEATH SYNDROME 
 19.33  AND SHAKEN BABY SYNDROME IN CHILD CARE AND CHILD FOSTER CARE 
 19.34  PROGRAMS.] 
 19.35     (a) License holders must ensure document that before staff 
 19.36  persons, caregivers, and helpers assist in the care of infants, 
 20.1   they receive training on reducing the risk of sudden infant 
 20.2   death syndrome and shaken baby syndrome.  The training on 
 20.3   reducing the risk of sudden infant death syndrome and shaken 
 20.4   baby syndrome may be provided as: 
 20.5      (1) orientation training to child care center staff under 
 20.6   Minnesota Rules, part 9503.0035, subpart 1, as and to child 
 20.7   foster care providers, who care for infants, under Minnesota 
 20.8   Rules, part 2960.3070, subpart 1; 
 20.9      (2) initial training to family and group family child care 
 20.10  providers under Minnesota Rules, part 9502.0385, subpart 2, as; 
 20.11     (3) in-service training to child care center staff under 
 20.12  Minnesota Rules, part 9503.0035, subpart 4, and to child foster 
 20.13  care providers, who care for infants, under Minnesota Rules, 
 20.14  part 2960.3070, subpart 2; or as 
 20.15     (4) ongoing training to family and group family child care 
 20.16  providers under Minnesota Rules, part 9502.0385, subpart 3.  
 20.17     (b) Training required under this section must be at least 
 20.18  one hour in length and must be completed at least once every 
 20.19  five years.  At a minimum, the training must address the risk 
 20.20  factors related to sudden infant death syndrome and shaken baby 
 20.21  syndrome, means of reducing the risk of sudden infant death 
 20.22  syndrome and shaken baby syndrome in child care, and license 
 20.23  holder communication with parents regarding reducing the risk of 
 20.24  sudden infant death syndrome and shaken baby syndrome.  
 20.25     (c) Training for family and group family child care 
 20.26  providers must be approved by the county licensing agency 
 20.27  according to Minnesota Rules, part 9502.0385.  
 20.28     (d) Training for child foster care providers must be 
 20.29  approved by the county licensing agency and fulfills, in part, 
 20.30  training required under Minnesota Rules, part 2960.3070. 
 20.31     [EFFECTIVE DATE.] This section is effective January 1, 2006.
 20.32     Sec. 14.  Minnesota Statutes 2004, section 245A.16, 
 20.33  subdivision 4, is amended to read: 
 20.34     Subd. 4.  [ENFORCEMENT OF THE COMMISSIONER'S ORDERS.] The 
 20.35  county or private agency shall enforce the commissioner's orders 
 20.36  under sections 245A.07, 245A.08, subdivision 5, and chapter 
 21.1   245C, according to the instructions of the commissioner.  The 
 21.2   county attorney shall assist the county agency in the 
 21.3   enforcement and defense of the commissioner's orders under 
 21.4   sections 245A.07, 245A.08, and chapter 245C, according to the 
 21.5   instructions of the commissioner, unless a conflict of interest 
 21.6   exists between the county attorney and the commissioner.  For 
 21.7   purposes of this section, a conflict of interest means that the 
 21.8   county attorney has a direct or shared financial interest with 
 21.9   the license holder or has a personal relationship or family 
 21.10  relationship with a party in the licensing action. 
 21.11     Sec. 15.  Minnesota Statutes 2004, section 245A.18, is 
 21.12  amended to read: 
 21.13     245A.18 [SEAT BELT USE REQUIRED CHILD PASSENGER RESTRAINT 
 21.14  SYSTEMS; TRAINING REQUIREMENT.] 
 21.15     (a) When a nonresidential license holder provides or 
 21.16  arranges for transportation for children served by the license 
 21.17  holder, children four years old and older must be restrained by 
 21.18  a properly adjusted and fastened seat belt and children under 
 21.19  age four must be properly fastened in a child passenger 
 21.20  restraint system meeting federal motor vehicle safety 
 21.21  standards.  A child passenger restraint system is not required 
 21.22  for a child who, in the judgment of a licensed physician, cannot 
 21.23  be safely transported in a child passenger restraint system 
 21.24  because of a medical condition, body size, or physical 
 21.25  disability, if the license holder possesses a written statement 
 21.26  from the physician that satisfies the requirements in section 
 21.27  169.685, subdivision 6, paragraph (b). 
 21.28     (b) Paragraph (a) does not apply to transportation of 
 21.29  children in a school bus inspected under section 169.451 that 
 21.30  has a gross vehicle weight rating of more than 10,000 pounds, is 
 21.31  designed for carrying more than ten persons, and was 
 21.32  manufactured after 1977. 
 21.33     (a) Family and group family child care, child care centers, 
 21.34  child foster care, and other programs licensed by the Department 
 21.35  of Human Services that serve a child or children under four 
 21.36  years of age must document training that fulfills the 
 22.1   requirements in this subdivision.  
 22.2      (b) Before a license holder, staff person, caregiver, or 
 22.3   helper transports a child or children under age four in a motor 
 22.4   vehicle, the person transporting the child must satisfactorily 
 22.5   complete training on the proper use and installation of child 
 22.6   restraint systems in motor vehicles.  Training completed under 
 22.7   this section may be used to meet initial or ongoing training 
 22.8   under the following: 
 22.9      (1) Minnesota Rules, part 2960.3070, subparts 1 and 2; 
 22.10     (2) Minnesota Rules, part 9502.0385, subparts 2 and 3; and 
 22.11     (3) Minnesota Rules, part 9503.0035, subparts 1 and 4. 
 22.12     (c) Training required under this section must be at least 
 22.13  one hour in length, completed at orientation or initial 
 22.14  training, and repeated at least once every five years.  At a 
 22.15  minimum, the training must address the proper use of child 
 22.16  restraint systems based on the child's size, weight, and age, 
 22.17  and the proper installation of a car seat or booster seat in the 
 22.18  motor vehicle used by the license holder to transport the child 
 22.19  or children. 
 22.20     (d) Training under paragraph (c) must be provided by 
 22.21  individuals who are certified and approved by the Department of 
 22.22  Public Safety, Office of Traffic Safety.  License holders may 
 22.23  obtain a list of certified and approved trainers through the 
 22.24  Department of Public Safety Web site or by contacting the agency.
 22.25     [EFFECTIVE DATE.] This section is effective January 1, 2006.
 22.26     Sec. 16.  Minnesota Statutes 2004, section 245B.02, 
 22.27  subdivision 10, is amended to read: 
 22.28     Subd. 10.  [INCIDENT.] "Incident" means any of the 
 22.29  following: 
 22.30     (1) serious injury as determined by section 245.91, 
 22.31  subdivision 6; 
 22.32     (2) a consumer's death; 
 22.33     (3) any medical emergencies, unexpected serious illnesses, 
 22.34  or accidents that require physician treatment or 
 22.35  hospitalization; 
 22.36     (4) a consumer's unauthorized absence; 
 23.1      (5) any fires or other events that require the relocation 
 23.2   of services for more than 24 hours, or circumstances involving a 
 23.3   law enforcement agency or fire department related to the health, 
 23.4   safety, or supervision of a consumer; 
 23.5      (6) physical aggression by a consumer against another 
 23.6   consumer that causes physical pain, injury, or persistent 
 23.7   emotional distress, including, but not limited to, hitting, 
 23.8   slapping, kicking, scratching, pinching, biting, pushing, and 
 23.9   spitting; 
 23.10     (7) any sexual activity between consumers involving force 
 23.11  or coercion as defined under section 609.341, subdivisions 3 and 
 23.12  14; or 
 23.13     (8) a report of child or vulnerable adult maltreatment 
 23.14  under section 626.556 or 626.557. 
 23.15     Sec. 17.  Minnesota Statutes 2004, section 245B.055, 
 23.16  subdivision 7, is amended to read: 
 23.17     Subd. 7.  [DETERMINING NUMBER OF DIRECT SERVICE STAFF 
 23.18  REQUIRED.] The minimum number of direct service staff members 
 23.19  required at any one time to meet the combined staff ratio 
 23.20  requirements of the persons present at that time can be 
 23.21  determined by following the steps in clauses (1) through (4): 
 23.22     (1) assign each person in attendance the three-digit 
 23.23  decimal below that corresponds to the staff ratio requirement 
 23.24  assigned to that person.  A staff ratio requirement of one to 
 23.25  four equals 0.250.  A staff ratio requirement of one to eight 
 23.26  equals 0.125.  A staff ratio requirement of one to six equals 
 23.27  0.166.  A staff ratio requirement of one to ten equals 0.100; 
 23.28     (2) add all of the three-digit decimals (one three-digit 
 23.29  decimal for every person in attendance) assigned in clause (1); 
 23.30     (3) when the sum in clause (2) falls between two whole 
 23.31  numbers, round off the sum to the larger of the two whole 
 23.32  numbers; and 
 23.33     (4) the larger of the two whole numbers in clause (3) 
 23.34  equals the number of direct service staff members needed to meet 
 23.35  the staff ratio requirements of the persons in attendance. 
 23.36     Sec. 18.  Minnesota Statutes 2004, section 245B.07, 
 24.1   subdivision 8, is amended to read: 
 24.2      Subd. 8.  [POLICIES AND PROCEDURES.] The license holder 
 24.3   must develop and implement the policies and procedures in 
 24.4   paragraphs (1) to (3). 
 24.5      (1) Policies and procedures that promote consumer health 
 24.6   and safety by ensuring: 
 24.7      (i) consumer safety in emergency situations as identified 
 24.8   in section 245B.05, subdivision 7; 
 24.9      (ii) consumer health through sanitary practices; 
 24.10     (iii) safe transportation, when the license holder is 
 24.11  responsible for transportation of consumers, with provisions for 
 24.12  handling emergency situations; 
 24.13     (iv) a system of record keeping for both individuals and 
 24.14  the organization, for review of incidents and emergencies, and 
 24.15  corrective action if needed; 
 24.16     (v) a plan for responding to all incidents, as defined in 
 24.17  section 245B.02, subdivision 10, fires, severe weather and 
 24.18  natural disasters, bomb threats, and other threats and reporting 
 24.19  all incidents required to be reported under section 245B.05, 
 24.20  subdivision 7; 
 24.21     (vi) safe medication administration as identified in 
 24.22  section 245B.05, subdivision 5, incorporating an observed skill 
 24.23  assessment to ensure that staff demonstrate the ability to 
 24.24  administer medications consistent with the license holder's 
 24.25  policy and procedures; 
 24.26     (vii) psychotropic medication monitoring when the consumer 
 24.27  is prescribed a psychotropic medication, including the use of 
 24.28  the psychotropic medication use checklist.  If the 
 24.29  responsibility for implementing the psychotropic medication use 
 24.30  checklist has not been assigned in the individual service plan 
 24.31  and the consumer lives in a licensed site, the residential 
 24.32  license holder shall be designated; and 
 24.33     (viii) criteria for admission or service initiation 
 24.34  developed by the license holder;. 
 24.35     (2) Policies and procedures that protect consumer rights 
 24.36  and privacy by ensuring: 
 25.1      (i) consumer data privacy, in compliance with the Minnesota 
 25.2   Data Practices Act, chapter 13; and 
 25.3      (ii) that complaint procedures provide consumers with a 
 25.4   simple process to bring grievances and consumers receive a 
 25.5   response to the grievance within a reasonable time period.  The 
 25.6   license holder must provide a copy of the program's grievance 
 25.7   procedure and time lines for addressing grievances.  The 
 25.8   program's grievance procedure must permit consumers served by 
 25.9   the program and the authorized representatives to bring a 
 25.10  grievance to the highest level of authority in the program; and. 
 25.11     (3) Policies and procedures that promote continuity and 
 25.12  quality of consumer supports by ensuring: 
 25.13     (i) continuity of care and service coordination, including 
 25.14  provisions for service termination, temporary service 
 25.15  suspension, and efforts made by the license holder to coordinate 
 25.16  services with other vendors who also provide support to the 
 25.17  consumer.  The policy must include the following requirements: 
 25.18     (A) the license holder must notify the consumer or 
 25.19  consumer's legal representative and the consumer's case manager 
 25.20  in writing of the intended termination or temporary service 
 25.21  suspension and the consumer's right to seek a temporary order 
 25.22  staying the termination or suspension of service according to 
 25.23  the procedures in section 256.045, subdivision 4a or subdivision 
 25.24  6, paragraph (c); 
 25.25     (B) notice of the proposed termination of services, 
 25.26  including those situations that began with a temporary service 
 25.27  suspension, must be given at least 60 days before the proposed 
 25.28  termination is to become effective; 
 25.29     (C) the license holder must provide information requested 
 25.30  by the consumer or consumer's legal representative or case 
 25.31  manager when services are temporarily suspended or upon notice 
 25.32  of termination; 
 25.33     (D) use of temporary service suspension procedures are 
 25.34  restricted to situations in which the consumer's behavior causes 
 25.35  immediate and serious danger to the health and safety of the 
 25.36  individual or others; 
 26.1      (E) prior to giving notice of service termination or 
 26.2   temporary service suspension, the license holder must document 
 26.3   actions taken to minimize or eliminate the need for service 
 26.4   termination or temporary service suspension; and 
 26.5      (F) during the period of temporary service suspension, the 
 26.6   license holder will work with the appropriate county agency to 
 26.7   develop reasonable alternatives to protect the individual and 
 26.8   others; and 
 26.9      (ii) quality services measured through a program evaluation 
 26.10  process including regular evaluations of consumer satisfaction 
 26.11  and sharing the results of the evaluations with the consumers 
 26.12  and legal representatives. 
 26.13     Sec. 19.  Minnesota Statutes 2004, section 245C.03, 
 26.14  subdivision 1, is amended to read: 
 26.15     Subdivision 1.  [LICENSED PROGRAMS.] (a) The commissioner 
 26.16  shall conduct a background study on: 
 26.17     (1) the person or persons applying for a license; 
 26.18     (2) an individual age 13 and over living in the household 
 26.19  where the licensed program will be provided; 
 26.20     (3) current employees or contractors of the applicant who 
 26.21  will have direct contact with persons served by the facility, 
 26.22  agency, or program; 
 26.23     (4) volunteers or student volunteers who will have direct 
 26.24  contact with persons served by the program to provide program 
 26.25  services if the contact is not under the continuous, direct 
 26.26  supervision by an individual listed in clause (1) or (3); 
 26.27     (5) an individual age ten to 12 living in the household 
 26.28  where the licensed services will be provided when the 
 26.29  commissioner has reasonable cause; 
 26.30     (6) an individual who, without providing direct contact 
 26.31  services at a licensed program, may have unsupervised access to 
 26.32  children or vulnerable adults receiving services from a program 
 26.33  licensed to provide:, when the commissioner has reasonable 
 26.34  cause; and 
 26.35     (i) family child care for children; 
 26.36     (ii) foster care for children in the provider's own home; 
 27.1   or 
 27.2      (iii) foster care or day care services for adults in the 
 27.3   provider's own home; and 
 27.4      (7) all managerial officials as defined under section 
 27.5   245A.02, subdivision 5a. 
 27.6   The commissioner must have reasonable cause to study an 
 27.7   individual under this subdivision. 
 27.8      (b) For family child foster care settings, a short-term 
 27.9   substitute caregiver providing direct contact services for a 
 27.10  child for less than 72 hours of continuous care is not required 
 27.11  to receive a background study under this chapter. 
 27.12     Sec. 20.  Minnesota Statutes 2004, section 245C.07, is 
 27.13  amended to read: 
 27.14     245C.07 [STUDY SUBJECT AFFILIATED WITH MULTIPLE LICENSED 
 27.15  FACILITIES.] 
 27.16     (a) When a license holder owns multiple facilities that are 
 27.17  licensed by the Department of Human Services, only one 
 27.18  background study is required for an individual who provides 
 27.19  direct contact services in one or more of the licensed 
 27.20  facilities if: 
 27.21     (1) the license holder designates one individual with one 
 27.22  address and telephone number as the person to receive sensitive 
 27.23  background study information for the multiple licensed programs 
 27.24  that depend on the same background study; and 
 27.25     (2) the individual designated to receive the sensitive 
 27.26  background study information is capable of determining, upon 
 27.27  request of the department, whether a background study subject is 
 27.28  providing direct contact services in one or more of the license 
 27.29  holder's programs and, if so, at which location or locations. 
 27.30     (b) When a background study is being initiated by a 
 27.31  licensed facility or a foster care provider that is also 
 27.32  registered under chapter 144D, a study subject affiliated with 
 27.33  multiple licensed facilities may attach to the background study 
 27.34  form a cover letter indicating the additional facilities' names, 
 27.35  addresses, and background study identification numbers. 
 27.36     When the commissioner receives a notice, the commissioner 
 28.1   shall notify each facility identified by the background study 
 28.2   subject of the study results. 
 28.3      The background study notice the commissioner sends to the 
 28.4   subsequent agencies shall satisfy those facilities' 
 28.5   responsibilities for initiating a background study on that 
 28.6   individual. 
 28.7      Sec. 21.  Minnesota Statutes 2004, section 245C.08, 
 28.8   subdivision 1, is amended to read: 
 28.9      Subdivision 1.  [BACKGROUND STUDIES CONDUCTED BY 
 28.10  COMMISSIONER OF HUMAN SERVICES.] (a) For a background study 
 28.11  conducted by the commissioner, the commissioner shall review: 
 28.12     (1) information related to names of substantiated 
 28.13  perpetrators of maltreatment of vulnerable adults that has been 
 28.14  received by the commissioner as required under section 626.557, 
 28.15  subdivision 9c, paragraph (i); 
 28.16     (2) the commissioner's records relating to the maltreatment 
 28.17  of minors in licensed programs, and from county agency findings 
 28.18  of maltreatment of minors as indicated through the social 
 28.19  service information system; 
 28.20     (3) information from juvenile courts as required in 
 28.21  subdivision 4 for individuals listed in section 245C.03, 
 28.22  subdivision 1, clauses (2), (5), and (6); and 
 28.23     (4) information from the Bureau of Criminal Apprehension. 
 28.24     (b) Notwithstanding expungement by a court, the 
 28.25  commissioner may consider information obtained under paragraph 
 28.26  (a), clauses (3) and (4), unless the commissioner received 
 28.27  notice of the petition for expungement and the court order for 
 28.28  expungement is directed specifically to the commissioner. 
 28.29     Sec. 22.  Minnesota Statutes 2004, section 245C.08, 
 28.30  subdivision 2, is amended to read: 
 28.31     Subd. 2.  [BACKGROUND STUDIES CONDUCTED BY A COUNTY OR 
 28.32  PRIVATE AGENCY; FOSTER CARE AND FAMILY CHILD CARE.] (a) For a 
 28.33  background study conducted by a county or private agency for 
 28.34  child foster care, adult foster care, and family child care 
 28.35  homes, the commissioner shall review: 
 28.36     (1) information from the county agency's record of 
 29.1   substantiated maltreatment of adults and the maltreatment of 
 29.2   minors; 
 29.3      (2) information from juvenile courts as required in 
 29.4   subdivision 4 for individuals listed in section 245C.03, 
 29.5   subdivision 1, clauses (2), (5), and (6); 
 29.6      (3) information from the Bureau of Criminal Apprehension; 
 29.7   and 
 29.8      (4) arrest and investigative records maintained by the 
 29.9   Bureau of Criminal Apprehension, county attorneys, county 
 29.10  sheriffs, courts, county agencies, local police, the National 
 29.11  Criminal Records Repository, and criminal records from other 
 29.12  states. 
 29.13     (b) If the individual has resided in the county for less 
 29.14  than five years, the study shall include the records specified 
 29.15  under paragraph (a) for the previous county or counties of 
 29.16  residence for the past five years. 
 29.17     (c) Notwithstanding expungement by a court, the county or 
 29.18  private agency may consider information obtained under paragraph 
 29.19  (a), clauses (3) and (4), unless the commissioner received 
 29.20  notice of the petition for expungement and the court order for 
 29.21  expungement is directed specifically to the commissioner. 
 29.22     Sec. 23.  Minnesota Statutes 2004, section 245C.15, 
 29.23  subdivision 1, is amended to read: 
 29.24     Subdivision 1.  [PERMANENT DISQUALIFICATION.] (a) An 
 29.25  individual is disqualified under section 245C.14 if:  (1) 
 29.26  regardless of how much time has passed since the discharge of 
 29.27  the sentence imposed, if any, for the offense; and (2) unless 
 29.28  otherwise specified, regardless of the level of the conviction 
 29.29  offense, the individual is convicted of has committed any of the 
 29.30  following offenses:  sections 609.185 (murder in the first 
 29.31  degree); 609.19 (murder in the second degree); 609.195 (murder 
 29.32  in the third degree); 609.20 (manslaughter in the first degree); 
 29.33  609.205 (manslaughter in the second degree); 609.221 or 609.222 
 29.34  (assault in the first or second degree); a felony offense under 
 29.35  sections 609.2242 and 609.2243 (domestic assault), spousal 
 29.36  abuse, child abuse or neglect, or a crime against children; 
 30.1   609.228 (great bodily harm caused by distribution of drugs); 
 30.2   609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661 
 30.3   (murder of an unborn child in the first degree); 609.2662 
 30.4   (murder of an unborn child in the second degree); 609.2663 
 30.5   (murder of an unborn child in the third degree); 609.322 
 30.6   (solicitation, inducement, and promotion of prostitution); a 
 30.7   felony offense under 609.324, subdivision 1 (other prohibited 
 30.8   acts); 609.342 (criminal sexual conduct in the first degree); 
 30.9   609.343 (criminal sexual conduct in the second degree); 609.344 
 30.10  (criminal sexual conduct in the third degree); 609.345 (criminal 
 30.11  sexual conduct in the fourth degree); 609.352 (solicitation of 
 30.12  children to engage in sexual conduct); 609.365 (incest); a 
 30.13  felony offense under 609.377 (malicious punishment of a child); 
 30.14  a felony offense under 609.378 (neglect or endangerment of a 
 30.15  child); 609.561 (arson in the first degree); 609.66, subdivision 
 30.16  1e (drive-by shooting); 609.749, subdivision 3, 4, or 5 
 30.17  (felony-level harassment; stalking); 609.855, subdivision 5 
 30.18  (shooting at or in a public transit vehicle or facility); 
 30.19  617.246 (use of minors in sexual performance prohibited); or 
 30.20  617.247 (possession of pictorial representations of minors).  An 
 30.21  individual also is disqualified under section 245C.14 regardless 
 30.22  of how much time has passed since the involuntary termination of 
 30.23  the individual's parental rights under section 260C.301. 
 30.24     (b) An individual's aiding and abetting, attempt, or 
 30.25  conspiracy to commit any of the offenses listed in paragraph 
 30.26  (a), as each of these offenses is defined in Minnesota Statutes, 
 30.27  permanently disqualifies the individual under section 245C.14. 
 30.28     (c) An individual's offense in any other state or country, 
 30.29  where the elements of the offense are substantially similar to 
 30.30  any of the offenses listed in paragraph (a), permanently 
 30.31  disqualifies the individual under section 245C.14. 
 30.32     (d) When a disqualification is based on a judicial 
 30.33  determination other than a conviction, the disqualification 
 30.34  period begins from the date of the court order.  When a 
 30.35  disqualification is based on an admission, the disqualification 
 30.36  period begins from the date of an admission in court.  When a 
 31.1   disqualification is based on a preponderance of evidence of a 
 31.2   disqualifying act, the disqualification date begins from the 
 31.3   date of the dismissal, the date of discharge of the sentence 
 31.4   imposed for a conviction for a disqualifying crime of similar 
 31.5   elements, or the date of the incident, whichever occurs last. 
 31.6      Sec. 24.  Minnesota Statutes 2004, section 245C.15, 
 31.7   subdivision 2, is amended to read: 
 31.8      Subd. 2.  [15-YEAR DISQUALIFICATION.] (a) An individual is 
 31.9   disqualified under section 245C.14 if:  (1) less than 15 years 
 31.10  have passed since the discharge of the sentence imposed, if any, 
 31.11  for the offense; and (2) the individual has received a felony 
 31.12  conviction for committed a felony-level violation of any of the 
 31.13  following offenses:  sections 256.98 (wrongfully obtaining 
 31.14  assistance); 260C.301 (grounds for termination of parental 
 31.15  rights); 268.182 (false representation; concealment of facts); 
 31.16  393.07, subdivision 10(c) (federal Food Stamp Program fraud); 
 31.17  609.165 (felon ineligible to possess firearm); 609.21 (criminal 
 31.18  vehicular homicide and injury); 609.215 (suicide); 609.223 or 
 31.19  609.2231 (assault in the third or fourth degree); repeat 
 31.20  offenses under 609.224 (assault in the fifth degree); 609.2325 
 31.21  (criminal abuse of a vulnerable adult); 609.2335 (financial 
 31.22  exploitation of a vulnerable adult); 609.235 (use of drugs to 
 31.23  injure or facilitate crime); 609.24 (simple robbery); 609.255 
 31.24  (false imprisonment); 609.2664 (manslaughter of an unborn child 
 31.25  in the first degree); 609.2665 (manslaughter of an unborn child 
 31.26  in the second degree); 609.267 (assault of an unborn child in 
 31.27  the first degree); 609.2671 (assault of an unborn child in the 
 31.28  second degree); 609.268 (injury or death of an unborn child in 
 31.29  the commission of a crime); 609.27 (coercion); 609.275 (attempt 
 31.30  to coerce); repeat offenses under 609.3451 (criminal sexual 
 31.31  conduct in the fifth degree); 609.466 (medical assistance 
 31.32  fraud); 609.498, subdivision 1 or 1b (aggravated first degree or 
 31.33  first degree tampering with a witness); 609.52 (theft); 609.521 
 31.34  (possession of shoplifting gear); 609.525 (bringing stolen goods 
 31.35  into Minnesota); 609.527 (identity theft); 609.53 (receiving 
 31.36  stolen property); 609.535 (issuance of dishonored checks); 
 32.1   609.562 (arson in the second degree); 609.563 (arson in the 
 32.2   third degree); 609.582 (burglary); 609.611 (insurance fraud); 
 32.3   609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check 
 32.4   forgery; offering a forged check); 609.635 (obtaining signature 
 32.5   by false pretense); 609.66 (dangerous weapons); 609.67 (machine 
 32.6   guns and short-barreled shotguns); 609.687 (adulteration); 
 32.7   609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in 
 32.8   obtaining credit); 609.821 (financial transaction card fraud); 
 32.9   repeat offenses under 617.23 (indecent exposure; penalties); 
 32.10  repeat offenses under 617.241 (obscene materials and 
 32.11  performances; distribution and exhibition prohibited; penalty); 
 32.12  chapter 152 (drugs; controlled substance); or a felony-level 
 32.13  conviction involving alcohol or drug use. 
 32.14     (b) An individual is disqualified under section 245C.14 if 
 32.15  less than 15 years has passed since the individual's aiding and 
 32.16  abetting, attempt, or conspiracy to commit any of the offenses 
 32.17  listed in paragraph (a), as each of these offenses is defined in 
 32.18  Minnesota Statutes. 
 32.19     (c) An individual is disqualified under section 245C.14 
 32.20  related to child foster care licensure only if less than 15 
 32.21  years has passed since the individual's voluntary termination of 
 32.22  the individual's parental rights under section 260C.301. 
 32.23     (d) An individual is disqualified under section 245C.14 if 
 32.24  less than 15 years has passed since the discharge of the 
 32.25  sentence imposed for an offense in any other state or country, 
 32.26  the elements of which are substantially similar to the elements 
 32.27  of the offenses listed in paragraph (a). 
 32.28     (d) (e) If the individual studied is convicted of one of 
 32.29  the felonies listed in paragraph (a), but the sentence is a 
 32.30  gross misdemeanor or misdemeanor disposition, the individual is 
 32.31  disqualified but the disqualification lookback period for the 
 32.32  conviction is the period applicable to the gross misdemeanor or 
 32.33  misdemeanor disposition. 
 32.34     (f) When a disqualification is based on a judicial 
 32.35  determination other than a conviction, the disqualification 
 32.36  period begins from the date of the court order.  When a 
 33.1   disqualification is based on an admission, the disqualification 
 33.2   period begins from the date of an admission in court.  When a 
 33.3   disqualification is based on a preponderance of evidence of a 
 33.4   disqualifying act, the disqualification date begins from the 
 33.5   date of the dismissal, the date of discharge of the sentence 
 33.6   imposed for a conviction for a disqualifying crime of similar 
 33.7   elements, or the date of the incident, whichever occurs last. 
 33.8      Sec. 25.  Minnesota Statutes 2004, section 245C.15, 
 33.9   subdivision 3, is amended to read: 
 33.10     Subd. 3.  [TEN-YEAR DISQUALIFICATION.] (a) An individual is 
 33.11  disqualified under section 245C.14 if:  (1) less than ten years 
 33.12  have passed since the discharge of the sentence imposed, if any, 
 33.13  for the offense; and (2) the individual has received committed a 
 33.14  gross misdemeanor conviction for a misdemeanor-level violation 
 33.15  of any of the following offenses:  sections 256.98 (wrongfully 
 33.16  obtaining assistance); 268.182 (false representation; 
 33.17  concealment of facts); 393.07, subdivision 10(c) (federal Food 
 33.18  Stamp Program fraud); 609.224 (assault in the fifth degree); 
 33.19  609.224, subdivision 2, paragraph (c) (assault in the fifth 
 33.20  degree by a caregiver against a vulnerable adult); 609.2242 and 
 33.21  609.2243 (domestic assault); 609.23 (mistreatment of persons 
 33.22  confined); 609.231 (mistreatment of residents or patients); 
 33.23  609.2325 (criminal abuse of a vulnerable adult); 609.233 
 33.24  (criminal neglect of a vulnerable adult); 609.2335 (financial 
 33.25  exploitation of a vulnerable adult); 609.234 (failure to report 
 33.26  maltreatment of a vulnerable adult); 609.265 (abduction); 
 33.27  609.275 (attempt to coerce); 609.324, subdivision 1a (other 
 33.28  prohibited acts; minor engaged in prostitution); 609.33 
 33.29  (disorderly house); 609.3451 (criminal sexual conduct in the 
 33.30  fifth degree); 609.377 (malicious punishment of a child); 
 33.31  609.378 (neglect or endangerment of a child); 609.446 (medical 
 33.32  assistance fraud); 609.52 (theft); 609.525 (bringing stolen 
 33.33  goods into Minnesota); 609.527 (identify theft); 609.53 
 33.34  (receiving stolen property); 609.535 (issuance of dishonored 
 33.35  checks); 609.582 (burglary); 609.611 (insurance fraud); 609.631 
 33.36  (check forgery; offering a forged check); 609.66 (dangerous 
 34.1   weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly 
 34.2   conduct against a vulnerable adult); repeat offenses under 
 34.3   609.746 (interference with privacy); 609.749, subdivision 2 
 34.4   (harassment; stalking); repeat offenses under 617.23 (indecent 
 34.5   exposure); 617.241 (obscene materials and performances); 617.243 
 34.6   (indecent literature, distribution); 617.293 (harmful materials; 
 34.7   dissemination and display to minors prohibited); or violation of 
 34.8   an order for protection under section 518B.01, subdivision 14. 
 34.9      (b) An individual is disqualified under section 245C.14 if 
 34.10  less than ten years has passed since the individual's aiding and 
 34.11  abetting, attempt, or conspiracy to commit any of the offenses 
 34.12  listed in paragraph (a), as each of these offenses is defined in 
 34.13  Minnesota Statutes. 
 34.14     (c) An individual is disqualified under section 245C.14 if 
 34.15  less than ten years has passed since the discharge of the 
 34.16  sentence imposed for an offense in any other state or country, 
 34.17  the elements of which are substantially similar to the elements 
 34.18  of any of the offenses listed in paragraph (a). 
 34.19     (d) If the defendant is convicted of one of the gross 
 34.20  misdemeanors listed in paragraph (a), but the sentence is a 
 34.21  misdemeanor disposition, the individual is disqualified but the 
 34.22  disqualification lookback period for the conviction is the 
 34.23  period applicable to misdemeanors. 
 34.24     (e) When a disqualification is based on a judicial 
 34.25  determination other than a conviction, the disqualification 
 34.26  period begins from the date of the court order.  When a 
 34.27  disqualification is based on an admission, the disqualification 
 34.28  period begins from the date of an admission in court.  When a 
 34.29  disqualification is based on a preponderance of evidence of a 
 34.30  disqualifying act, the disqualification date begins from the 
 34.31  date of the dismissal, the date of discharge of the sentence 
 34.32  imposed for a conviction for a disqualifying crime of similar 
 34.33  elements, or the date of the incident, whichever occurs last. 
 34.34     Sec. 26.  Minnesota Statutes 2004, section 245C.15, 
 34.35  subdivision 4, is amended to read: 
 34.36     Subd. 4.  [SEVEN-YEAR DISQUALIFICATION.] (a) An individual 
 35.1   is disqualified under section 245C.14 if:  (1) less than seven 
 35.2   years has passed since the discharge of the sentence imposed, if 
 35.3   any, for the offense; and (2) the individual has received 
 35.4   committed a misdemeanor conviction for a misdemeanor-level 
 35.5   violation of any of the following offenses:  sections 256.98 
 35.6   (wrongfully obtaining assistance); 268.182 (false 
 35.7   representation; concealment of facts); 393.07, subdivision 10(c) 
 35.8   (federal Food Stamp Program fraud); 609.224 (assault in the 
 35.9   fifth degree); 609.2242 (domestic assault); 609.2335 (financial 
 35.10  exploitation of a vulnerable adult); 609.234 (failure to report 
 35.11  maltreatment of a vulnerable adult); 609.2672 (assault of an 
 35.12  unborn child in the third degree); 609.27 (coercion); violation 
 35.13  of an order for protection under 609.3232 (protective order 
 35.14  authorized; procedures; penalties); 609.466 (medical assistance 
 35.15  fraud); 609.52 (theft); 609.525 (bringing stolen goods into 
 35.16  Minnesota); 609.527 (identity theft); 609.53 (receiving stolen 
 35.17  property); 609.535 (issuance of dishonored checks); 609.611 
 35.18  (insurance fraud); 609.66 (dangerous weapons); 609.665 (spring 
 35.19  guns); 609.746 (interference with privacy); 609.79 (obscene or 
 35.20  harassing phone telephone calls); 609.795 (letter, telegram, or 
 35.21  package; opening; harassment); 609.82 (fraud in obtaining 
 35.22  credit); 609.821 (financial transaction card fraud); 617.23 
 35.23  (indecent exposure; penalties); 617.293 (harmful materials; 
 35.24  dissemination and display to minors prohibited); or violation of 
 35.25  an order for protection under section 518B.01 (Domestic Abuse 
 35.26  Act). 
 35.27     (b) An individual is disqualified under section 245C.14 if 
 35.28  less than seven years has passed since a determination or 
 35.29  disposition of the individual's: 
 35.30     (1) failure to make required reports under section 626.556, 
 35.31  subdivision 3, or 626.557, subdivision 3, for incidents in 
 35.32  which:  (i) the final disposition under section 626.556 or 
 35.33  626.557 was substantiated maltreatment, and (ii) the 
 35.34  maltreatment was recurring or serious; or 
 35.35     (2) substantiated serious or recurring maltreatment of a 
 35.36  minor under section 626.556, a vulnerable adult under section 
 36.1   626.557, or serious or recurring maltreatment in any other 
 36.2   state, the elements of which are substantially similar to the 
 36.3   elements of maltreatment under section 626.556 or 626.557 for 
 36.4   which:  (i) there is a preponderance of evidence that the 
 36.5   maltreatment occurred, and (ii) the subject was responsible for 
 36.6   the maltreatment. 
 36.7      (c) An individual is disqualified under section 245C.14 if 
 36.8   less than seven years has passed since the individual's aiding 
 36.9   and abetting, attempt, or conspiracy to commit any of the 
 36.10  offenses listed in paragraphs (a) and (b), as each of these 
 36.11  offenses is defined in Minnesota Statutes. 
 36.12     (d) An individual is disqualified under section 245C.14 if 
 36.13  less than seven years has passed since the discharge of the 
 36.14  sentence imposed for an offense in any other state or country, 
 36.15  the elements of which are substantially similar to the elements 
 36.16  of any of the offenses listed in paragraphs (a) and (b). 
 36.17     (e) When a disqualification is based on a judicial 
 36.18  determination other than a conviction, the disqualification 
 36.19  period begins from the date of the court order.  When a 
 36.20  disqualification is based on an admission, the disqualification 
 36.21  period begins from the date of an admission in court.  When a 
 36.22  disqualification is based on a preponderance of evidence of a 
 36.23  disqualifying act, the disqualification date begins from the 
 36.24  date of the dismissal, the date of discharge of the sentence 
 36.25  imposed for a conviction for a disqualifying crime of similar 
 36.26  elements, or the date of the incident, whichever occurs last. 
 36.27     Sec. 27.  Minnesota Statutes 2004, section 245C.17, 
 36.28  subdivision 2, is amended to read: 
 36.29     Subd. 2.  [DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If 
 36.30  the information in the study indicates the individual is 
 36.31  disqualified from direct contact with, or from access to, 
 36.32  persons served by the program, the commissioner shall disclose 
 36.33  to the individual studied: 
 36.34     (1) the information causing disqualification; 
 36.35     (2) instructions on how to request a reconsideration of the 
 36.36  disqualification; and 
 37.1      (3) an explanation of any restrictions on the 
 37.2   commissioner's discretion to set aside the disqualification 
 37.3   under section 245C.24, subdivision 2, when applicable to the 
 37.4   individual; and 
 37.5      (4) the commissioner's determination of the individual's 
 37.6   immediate risk of harm under section 245C.16. 
 37.7      (b) If the commissioner determines under section 245C.16 
 37.8   that an individual poses an imminent risk of harm to persons 
 37.9   served by the program where the individual will have direct 
 37.10  contact, the commissioner's notice must include an explanation 
 37.11  of the basis of this determination. 
 37.12     (c) If the commissioner determines under section 245C.16 
 37.13  that an individual studied does not pose a risk of harm that 
 37.14  requires continuous, direct supervision, the commissioner shall 
 37.15  only notify the individual of the disqualification. 
 37.16     Sec. 28.  Minnesota Statutes 2004, section 245C.21, 
 37.17  subdivision 2, is amended to read: 
 37.18     Subd. 2.  [TIME FRAME FOR REQUESTING RECONSIDERATION OF A 
 37.19  DISQUALIFICATION.] (a) When the commissioner sends an individual 
 37.20  a notice of disqualification based on a finding under section 
 37.21  245C.16, subdivision 2, paragraph (a), clause (1) or (2), the 
 37.22  disqualified individual must submit the request for a 
 37.23  reconsideration within 30 calendar days of the individual's 
 37.24  receipt of the notice of disqualification.  If mailed, the 
 37.25  request for reconsideration must be postmarked and sent to the 
 37.26  commissioner within 30 calendar days of the individual's receipt 
 37.27  of the notice of disqualification.  If a request for 
 37.28  reconsideration is made by personal service, it must be received 
 37.29  by the commissioner within 30 calendar days after the 
 37.30  individual's receipt of the notice of disqualification.  Upon 
 37.31  showing that the information under subdivision 3 cannot be 
 37.32  obtained within 30 days, the disqualified individual may request 
 37.33  additional time, not to exceed 30 days, to obtain the 
 37.34  information. 
 37.35     (b) When the commissioner sends an individual a notice of 
 37.36  disqualification based on a finding under section 245C.16, 
 38.1   subdivision 2, paragraph (a), clause (3), the disqualified 
 38.2   individual must submit the request for reconsideration within 15 
 38.3   calendar days of the individual's receipt of the notice of 
 38.4   disqualification.  If mailed, the request for reconsideration 
 38.5   must be postmarked and sent to the commissioner within 15 
 38.6   calendar days of the individual's receipt of the notice of 
 38.7   disqualification.  If a request for reconsideration is made by 
 38.8   personal service, it must be received by the commissioner within 
 38.9   15 calendar days after the individual's receipt of the notice of 
 38.10  disqualification. 
 38.11     (c) An individual who was determined to have maltreated a 
 38.12  child under section 626.556 or a vulnerable adult under section 
 38.13  626.557, and who is disqualified on the basis of serious or 
 38.14  recurring maltreatment, may request a reconsideration of both 
 38.15  the maltreatment and the disqualification determinations.  The 
 38.16  request must be submitted within 30 calendar days of the 
 38.17  individual's receipt of the notice of disqualification.  If 
 38.18  mailed, the request for reconsideration must be postmarked and 
 38.19  sent to the commissioner within 30 calendar days of the 
 38.20  individual's receipt of the notice of disqualification.  If a 
 38.21  request for reconsideration is made by personal service, it must 
 38.22  be received by the commissioner within 30 calendar days after 
 38.23  the individual's receipt of the notice of disqualification. 
 38.24     Sec. 29.  Minnesota Statutes 2004, section 245C.22, 
 38.25  subdivision 3, is amended to read: 
 38.26     Subd. 3.  [PREEMINENT WEIGHT GIVEN TO SAFETY OF PERSONS 
 38.27  BEING SERVED.] In reviewing a request for reconsideration of a 
 38.28  disqualification, the commissioner shall give preeminent weight 
 38.29  to the safety of each person served by the license holder, 
 38.30  applicant, or other entities as provided in this chapter over 
 38.31  the interests of the disqualified individual, license holder, 
 38.32  applicant, or other entity as provided in this chapter, and any 
 38.33  single factor under subdivision 4, paragraph (b), may be 
 38.34  determinative of the commissioner's decision whether to set 
 38.35  aside the individual's disqualification. 
 38.36     Sec. 30.  Minnesota Statutes 2004, section 245C.22, 
 39.1   subdivision 4, is amended to read: 
 39.2      Subd. 4.  [RISK OF HARM; SET ASIDE.] (a) The commissioner 
 39.3   may set aside the disqualification if the commissioner finds 
 39.4   that the individual has submitted sufficient information to 
 39.5   demonstrate that the individual does not pose a risk of harm to 
 39.6   any person served by the applicant, license holder, or other 
 39.7   entities as provided in this chapter. 
 39.8      (b) In determining whether the individual has met the 
 39.9   burden of proof by demonstrating the individual does not pose a 
 39.10  risk of harm, the commissioner shall consider: 
 39.11     (1) the nature, severity, and consequences of the event or 
 39.12  events that led to the disqualification; 
 39.13     (2) whether there is more than one disqualifying event; 
 39.14     (3) the age and vulnerability of the victim at the time of 
 39.15  the event; 
 39.16     (4) the harm suffered by the victim; 
 39.17     (5) the similarity between the victim and persons served by 
 39.18  the program; 
 39.19     (6) the time elapsed without a repeat of the same or 
 39.20  similar event; 
 39.21     (7) documentation of successful completion by the 
 39.22  individual studied of training or rehabilitation pertinent to 
 39.23  the event; and 
 39.24     (8) any other information relevant to reconsideration. 
 39.25     (c) If the individual requested reconsideration on the 
 39.26  basis that the information relied upon to disqualify the 
 39.27  individual was incorrect or inaccurate and the commissioner 
 39.28  determines that the information relied upon to disqualify the 
 39.29  individual is correct, the commissioner must also determine if 
 39.30  the individual poses a risk of harm to persons receiving 
 39.31  services in accordance with paragraph (b). 
 39.32     Sec. 31.  Minnesota Statutes 2004, section 245C.24, 
 39.33  subdivision 2, is amended to read: 
 39.34     Subd. 2.  [PERMANENT BAR TO SET ASIDE OF DISQUALIFICATION.] 
 39.35  The commissioner may not set aside the disqualification of an 
 39.36  individual in connection with a license to provide family child 
 40.1   care for children, foster care for children in the provider's 
 40.2   home, or foster care or day care services for adults in the 
 40.3   provider's home, regardless of how much time has passed, if 
 40.4   the provider individual was disqualified for a crime or conduct 
 40.5   listed in section 245C.15, subdivision 1. 
 40.6      Sec. 32.  Minnesota Statutes 2004, section 245C.24, 
 40.7   subdivision 3, is amended to read: 
 40.8      Subd. 3.  [TEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] (a) 
 40.9   The commissioner may not set aside the disqualification of an 
 40.10  individual in connection with a license to provide family child 
 40.11  care for children, foster care for children in the provider's 
 40.12  home, or foster care or day care services for adults in the 
 40.13  provider's home if:  (1) less than ten years has passed since 
 40.14  the discharge of the sentence imposed, if any, for the offense; 
 40.15  and or (2) when disqualified based on a preponderance of 
 40.16  evidence determination under section 245A.14, subdivision 1, 
 40.17  paragraph (a), clause (2), or an admission under section 
 40.18  245A.14, subdivision 1, paragraph (a), clause (1), and less than 
 40.19  ten years has passed since the individual committed the act or 
 40.20  admitted to committing the act, whichever is later; and (3) the 
 40.21  individual has been convicted of committed a violation of any of 
 40.22  the following offenses:  sections 609.165 (felon ineligible to 
 40.23  possess firearm); criminal vehicular homicide under 609.21 
 40.24  (criminal vehicular homicide and injury); 609.215 (aiding 
 40.25  suicide or aiding attempted suicide); felony violations under 
 40.26  609.223 or 609.2231 (assault in the third or fourth degree); 
 40.27  609.713 (terroristic threats); 609.235 (use of drugs to injure 
 40.28  or to facilitate crime); 609.24 (simple robbery); 609.255 (false 
 40.29  imprisonment); 609.562 (arson in the second degree); 609.71 
 40.30  (riot); 609.498, subdivision 1 or 1b (aggravated first degree or 
 40.31  first degree tampering with a witness); burglary in the first or 
 40.32  second degree under 609.582 (burglary); 609.66 (dangerous 
 40.33  weapon); 609.665 (spring guns); 609.67 (machine guns and 
 40.34  short-barreled shotguns); 609.749, subdivision 2 (gross 
 40.35  misdemeanor harassment; stalking); 152.021 or 152.022 
 40.36  (controlled substance crime in the first or second degree); 
 41.1   152.023, subdivision 1, clause (3) or (4) or subdivision 2, 
 41.2   clause (4) (controlled substance crime in the third degree); 
 41.3   152.024, subdivision 1, clause (2), (3), or (4) (controlled 
 41.4   substance crime in the fourth degree); 609.224, subdivision 2, 
 41.5   paragraph (c) (fifth-degree assault by a caregiver against a 
 41.6   vulnerable adult); 609.23 (mistreatment of persons confined); 
 41.7   609.231 (mistreatment of residents or patients); 609.2325 
 41.8   (criminal abuse of a vulnerable adult); 609.233 (criminal 
 41.9   neglect of a vulnerable adult); 609.2335 (financial exploitation 
 41.10  of a vulnerable adult); 609.234 (failure to report); 609.265 
 41.11  (abduction); 609.2664 to 609.2665 (manslaughter of an unborn 
 41.12  child in the first or second degree); 609.267 to 609.2672 
 41.13  (assault of an unborn child in the first, second, or third 
 41.14  degree); 609.268 (injury or death of an unborn child in the 
 41.15  commission of a crime); 617.293 (disseminating or displaying 
 41.16  harmful material to minors); a felony-level conviction involving 
 41.17  alcohol or drug use, a gross misdemeanor offense under 609.324, 
 41.18  subdivision 1 (other prohibited acts); a gross misdemeanor 
 41.19  offense under 609.378 (neglect or endangerment of a child); a 
 41.20  gross misdemeanor offense under 609.377 (malicious punishment of 
 41.21  a child); or 609.72, subdivision 3 (disorderly conduct against a 
 41.22  vulnerable adult). 
 41.23     (b) The commissioner may not set aside the disqualification 
 41.24  of an individual if less than ten years have passed since the 
 41.25  individual's aiding and abetting, attempt, or conspiracy to 
 41.26  commit any of the offenses listed in paragraph (a) as each of 
 41.27  these offenses is defined in Minnesota Statutes. 
 41.28     (c) The commissioner may not set aside the disqualification 
 41.29  of an individual if less than ten years have passed since the 
 41.30  discharge of the sentence imposed for an offense in any other 
 41.31  state or country, the elements of which are substantially 
 41.32  similar to the elements of any of the offenses listed in 
 41.33  paragraph (a). 
 41.34     Sec. 33.  Minnesota Statutes 2004, section 245C.27, 
 41.35  subdivision 1, is amended to read: 
 41.36     Subdivision 1.  [FAIR HEARING WHEN DISQUALIFICATION IS NOT 
 42.1   SET ASIDE.] (a) If the commissioner does not set aside or 
 42.2   rescind a disqualification of an individual under section 
 42.3   245C.22 who is disqualified on the basis of a preponderance of 
 42.4   evidence that the individual committed an act or acts that meet 
 42.5   the definition of any of the crimes listed in section 245C.15; 
 42.6   for a determination under section 626.556 or 626.557 of 
 42.7   substantiated maltreatment that was serious or recurring under 
 42.8   section 245C.15; or for failure to make required reports under 
 42.9   section 626.556, subdivision 3; or 626.557, subdivision 3, 
 42.10  pursuant to section 245C.15, subdivision 4, paragraph (b), 
 42.11  clause (1), the individual may request a fair hearing under 
 42.12  section 256.045, unless the disqualification is deemed 
 42.13  conclusive under section 245C.29. 
 42.14     (b) The fair hearing is the only administrative appeal of 
 42.15  the final agency determination for purposes of appeal by the 
 42.16  disqualified individual.  The disqualified individual does not 
 42.17  have the right to challenge the accuracy and completeness of 
 42.18  data under section 13.04. 
 42.19     (c) If the individual was disqualified based on a 
 42.20  conviction or admission to any crimes listed in section 245C.15, 
 42.21  subdivisions 1 to 4, the reconsideration decision under section 
 42.22  245C.22 is the final agency determination for purposes of appeal 
 42.23  by the disqualified individual and is not subject to a hearing 
 42.24  under section 256.045.  If the individual was disqualified based 
 42.25  on a judicial determination, that determination is treated the 
 42.26  same as a conviction for purposes of appeal. 
 42.27     (d) This subdivision does not apply to a public employee's 
 42.28  appeal of a disqualification under section 245C.28, subdivision 
 42.29  3. 
 42.30     (e) Notwithstanding paragraph (c), if the commissioner does 
 42.31  not set aside a disqualification of an individual who was 
 42.32  disqualified based on both a preponderance of evidence and a 
 42.33  conviction or admission, the individual may request a fair 
 42.34  hearing under section 256.045, unless the disqualifications are 
 42.35  deemed conclusive under section 245C.29.  The scope of the 
 42.36  hearing conducted under section 256.045 with regard to the 
 43.1   disqualification based on a conviction or admission shall be 
 43.2   limited solely to whether the individual poses a risk of harm, 
 43.3   according to section 256.045, subdivision 3b. 
 43.4      Sec. 34.  Minnesota Statutes 2004, section 245C.28, 
 43.5   subdivision 3, is amended to read: 
 43.6      Subd. 3.  [EMPLOYEES OF PUBLIC EMPLOYER.] (a) If the 
 43.7   commissioner does not set aside the disqualification of an 
 43.8   individual who is an employee of an employer, as defined in 
 43.9   section 179A.03, subdivision 15, the individual may request a 
 43.10  contested case hearing under chapter 14.  The request for a 
 43.11  contested case hearing must be made in writing and must be 
 43.12  postmarked and mailed sent within 30 calendar days after the 
 43.13  employee receives notice that the disqualification has not been 
 43.14  set aside.  If the individual was disqualified based on a 
 43.15  conviction or admission to any crimes listed in section 245C.15, 
 43.16  the scope of the contested case hearing shall be limited solely 
 43.17  to whether the individual poses a risk of harm pursuant to 
 43.18  section 245C.22. 
 43.19     (b) If the commissioner does not set aside or rescind a 
 43.20  disqualification that is based on a maltreatment determination, 
 43.21  the scope of the contested case hearing must include the 
 43.22  maltreatment determination and the disqualification.  In such 
 43.23  cases, a fair hearing must not be conducted under section 
 43.24  256.045. 
 43.25     (c) Rules adopted under this chapter may not preclude an 
 43.26  employee in a contested case hearing for a disqualification from 
 43.27  submitting evidence concerning information gathered under this 
 43.28  chapter. 
 43.29     (d) When a person an individual has been disqualified from 
 43.30  multiple licensed programs and the disqualifications have not 
 43.31  been set aside under section 245C.22, if at least one of the 
 43.32  disqualifications entitles the person to a contested case 
 43.33  hearing under this subdivision, the scope of the contested case 
 43.34  hearing shall include all disqualifications from licensed 
 43.35  programs which were not set aside. 
 43.36     (e) In determining whether the disqualification should be 
 44.1   set aside, the administrative law judge shall consider all of 
 44.2   the characteristics that cause the individual to be 
 44.3   disqualified, including those characteristics that were not 
 44.4   subject to review under paragraph (b), in order to determine 
 44.5   whether the individual poses a risk of harm.  The administrative 
 44.6   law judge's recommendation and the commissioner's order to set 
 44.7   aside a disqualification that is the subject of the hearing 
 44.8   constitutes a determination that the individual does not pose a 
 44.9   risk of harm and that the individual may provide direct contact 
 44.10  services in the individual program specified in the set aside. 
 44.11     Sec. 35.  Minnesota Statutes 2004, section 245C.30, 
 44.12  subdivision 2, is amended to read: 
 44.13     Subd. 2.  [DISCLOSURE OF REASON FOR DISQUALIFICATION.] (a) 
 44.14  The commissioner may not grant a variance for a disqualified 
 44.15  individual unless the applicant or license holder requests the 
 44.16  variance and the disqualified individual provides written 
 44.17  consent for the commissioner to disclose to the applicant or 
 44.18  license holder the reason for the disqualification. 
 44.19     (b) This subdivision does not apply to programs licensed to 
 44.20  provide family child care for children, foster care for children 
 44.21  in the provider's own home, or foster care or day care services 
 44.22  for adults in the provider's own home.  When the commissioner 
 44.23  grants a variance for a disqualified individual in connection 
 44.24  with a license to provide the services specified in this 
 44.25  paragraph, the disqualified individual's consent is not required 
 44.26  to disclose the reason for the disqualification to the license 
 44.27  holder in the variance issued under subdivision 1.  
 44.28     Sec. 36.  Minnesota Statutes 2004, section 260B.163, 
 44.29  subdivision 6, is amended to read: 
 44.30     Subd. 6.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 44.31  a guardian ad litem to protect the interests of the minor when 
 44.32  it appears, at any stage of the proceedings, that the minor is 
 44.33  without a parent or guardian, or that the minor's parent is a 
 44.34  minor or incompetent, or that the parent or guardian is 
 44.35  indifferent or hostile to the minor's interests.  In any other 
 44.36  case the court may appoint a guardian ad litem to protect the 
 45.1   interests of the minor when the court feels that such an 
 45.2   appointment is desirable.  The court shall appoint the guardian 
 45.3   ad litem on its own motion or in the manner provided for the 
 45.4   appointment of a guardian ad litem in the district court.  The 
 45.5   court may appoint separate counsel for the guardian ad litem if 
 45.6   necessary.  
 45.7      (b) A guardian ad litem shall carry out the following 
 45.8   responsibilities: 
 45.9      (1) conduct an independent investigation to determine the 
 45.10  facts relevant to the situation of the child and the family, 
 45.11  which must include, unless specifically excluded by the court, 
 45.12  reviewing relevant documents; meeting with and observing the 
 45.13  child in the home setting and considering the child's wishes, as 
 45.14  appropriate; and interviewing parents, caregivers, and others 
 45.15  with knowledge relevant to the case; 
 45.16     (2) advocate for the child's best interests by 
 45.17  participating in appropriate aspects of the case and advocating 
 45.18  for appropriate community services when necessary; 
 45.19     (3) maintain the confidentiality of information related to 
 45.20  a case, with the exception of sharing information as permitted 
 45.21  by law to promote cooperative solutions that are in the best 
 45.22  interests of the child; 
 45.23     (4) monitor the child's best interests throughout the 
 45.24  judicial proceeding; and 
 45.25     (5) present written reports on the child's best interests 
 45.26  that include conclusions and recommendations and the facts upon 
 45.27  which they are based. 
 45.28     (c) The court may waive the appointment of a guardian ad 
 45.29  litem pursuant to paragraph (a), whenever counsel has been 
 45.30  appointed pursuant to subdivision 2 or is retained otherwise, 
 45.31  and the court is satisfied that the interests of the minor are 
 45.32  protected. 
 45.33     (d) In appointing a guardian ad litem pursuant to paragraph 
 45.34  (a), the court shall not appoint the party, or any agent or 
 45.35  employee thereof, filing a petition pursuant to section 260B.141 
 45.36  and 260C.141. 
 46.1      (e) The following factors shall be considered when 
 46.2   appointing a guardian ad litem in a case involving an Indian or 
 46.3   minority child: 
 46.4      (1) whether a person is available who is the same racial or 
 46.5   ethnic heritage as the child or, if that is not possible; 
 46.6      (2) whether a person is available who knows and appreciates 
 46.7   the child's racial or ethnic heritage.  
 46.8      (f) The court shall require a background study for each 
 46.9   guardian ad litem as provided under section 518.165.  The court 
 46.10  shall have access to data collected pursuant to section 245C.32 
 46.11  for purposes of the background study.  
 46.12     Sec. 37.  Minnesota Statutes 2004, section 260C.163, 
 46.13  subdivision 5, is amended to read: 
 46.14     Subd. 5.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 46.15  a guardian ad litem to protect the interests of the minor when 
 46.16  it appears, at any stage of the proceedings, that the minor is 
 46.17  without a parent or guardian, or that the minor's parent is a 
 46.18  minor or incompetent, or that the parent or guardian is 
 46.19  indifferent or hostile to the minor's interests, and in every 
 46.20  proceeding alleging a child's need for protection or services 
 46.21  under section 260C.007, subdivision 6, except proceedings where 
 46.22  the sole allegation is that the child is a runaway or habitual 
 46.23  truant.  In any other case the court may appoint a guardian ad 
 46.24  litem to protect the interests of the minor when the court feels 
 46.25  that such an appointment is desirable.  The court shall appoint 
 46.26  the guardian ad litem on its own motion or in the manner 
 46.27  provided for the appointment of a guardian ad litem in the 
 46.28  district court.  The court may appoint separate counsel for the 
 46.29  guardian ad litem if necessary.  
 46.30     (b) A guardian ad litem shall carry out the following 
 46.31  responsibilities: 
 46.32     (1) conduct an independent investigation to determine the 
 46.33  facts relevant to the situation of the child and the family, 
 46.34  which must include, unless specifically excluded by the court, 
 46.35  reviewing relevant documents; meeting with and observing the 
 46.36  child in the home setting and considering the child's wishes, as 
 47.1   appropriate; and interviewing parents, caregivers, and others 
 47.2   with knowledge relevant to the case; 
 47.3      (2) advocate for the child's best interests by 
 47.4   participating in appropriate aspects of the case and advocating 
 47.5   for appropriate community services when necessary; 
 47.6      (3) maintain the confidentiality of information related to 
 47.7   a case, with the exception of sharing information as permitted 
 47.8   by law to promote cooperative solutions that are in the best 
 47.9   interests of the child; 
 47.10     (4) monitor the child's best interests throughout the 
 47.11  judicial proceeding; and 
 47.12     (5) present written reports on the child's best interests 
 47.13  that include conclusions and recommendations and the facts upon 
 47.14  which they are based. 
 47.15     (c) Except in cases where the child is alleged to have been 
 47.16  abused or neglected, the court may waive the appointment of a 
 47.17  guardian ad litem pursuant to clause (a), whenever counsel has 
 47.18  been appointed pursuant to subdivision 2 or is retained 
 47.19  otherwise, and the court is satisfied that the interests of the 
 47.20  minor are protected. 
 47.21     (d) In appointing a guardian ad litem pursuant to clause 
 47.22  (a), the court shall not appoint the party, or any agent or 
 47.23  employee thereof, filing a petition pursuant to section 260C.141.
 47.24     (e) The following factors shall be considered when 
 47.25  appointing a guardian ad litem in a case involving an Indian or 
 47.26  minority child: 
 47.27     (1) whether a person is available who is the same racial or 
 47.28  ethnic heritage as the child or, if that is not possible; 
 47.29     (2) whether a person is available who knows and appreciates 
 47.30  the child's racial or ethnic heritage. 
 47.31     (f) The court shall require a background study for each 
 47.32  guardian ad litem as provided under section 518.165.  The court 
 47.33  shall have access to data collected pursuant to section 245C.32 
 47.34  for purposes of the background study.  
 47.35     Sec. 38.  Minnesota Statutes 2004, section 518.165, is 
 47.36  amended by adding a subdivision to read: 
 48.1      Subd. 4.  [BACKGROUND STUDY OF GUARDIAN AD LITEM.] (a) The 
 48.2   court shall initiate a background study through the commissioner 
 48.3   of human services under section 245C.32 on every guardian ad 
 48.4   litem appointed under this section if a background study has not 
 48.5   been completed on the guardian ad litem within the past three 
 48.6   years.  The background study must be completed before the court 
 48.7   appoints the guardian ad litem, unless the court determines that 
 48.8   it is in the best interest of the child to appoint a guardian ad 
 48.9   litem before a background study can be completed by the 
 48.10  commissioner.  The court shall initiate a subsequent background 
 48.11  study under this paragraph once every three years after the 
 48.12  guardian has been appointed as long as the individual continues 
 48.13  to serve as a guardian ad litem. 
 48.14     (b) The background study must include criminal history data 
 48.15  from the Bureau of Criminal Apprehension, other criminal history 
 48.16  data held by the commissioner of human services, and data 
 48.17  regarding whether the person has been a perpetrator of 
 48.18  substantiated maltreatment of a minor or a vulnerable adult.  
 48.19  When the information from the Bureau of Criminal Apprehension 
 48.20  indicates that the subject of a study under paragraph (a) is a 
 48.21  multistate offender or that the subject's multistate offender 
 48.22  status is undetermined, the court shall require a search of the 
 48.23  National Criminal Records Repository, and shall provide the 
 48.24  commissioner a set of classifiable fingerprints of the subject 
 48.25  of the study. 
 48.26     (c) The Minnesota Supreme Court shall pay the commissioner 
 48.27  a fee for conducting a background study under section 245C.32. 
 48.28     (d) Nothing precludes the court from initiating background 
 48.29  studies using court data on criminal convictions. 
 48.30     Sec. 39.  Minnesota Statutes 2004, section 518.165, is 
 48.31  amended by adding a subdivision to read: 
 48.32     Subd. 5.  [PROCEDURE, CRIMINAL HISTORY, AND MALTREATMENT 
 48.33  RECORDS BACKGROUND STUDY.] (a) When the court requests a 
 48.34  background study under subdivision 4, paragraph (a), the request 
 48.35  shall be submitted to the Department of Human Services through 
 48.36  the department's electronic online background study system. 
 49.1      (b) When the court requests a search of the National 
 49.2   Criminal Records Repository, the court must provide a set of 
 49.3   classifiable fingerprints of the subject of the study on a 
 49.4   fingerprint card provided by the commissioner of human services. 
 49.5      (c) The commissioner of human services shall provide the 
 49.6   court with information from the Bureau of Criminal 
 49.7   Apprehension's Criminal Justice Information System, other 
 49.8   criminal history data held by the commissioner of human 
 49.9   services, and data regarding substantiated maltreatment of a 
 49.10  minor under section 626.556, and substantiated maltreatment of a 
 49.11  vulnerable adult under section 626.557, within 15 working days 
 49.12  of receipt of a request.  If the subject of the study has been 
 49.13  determined by the Department of Human Services or the Department 
 49.14  of Health to be the perpetrator of substantiated maltreatment of 
 49.15  a minor or vulnerable adult in a licensed facility, the response 
 49.16  must include a copy of the public portion of the investigation 
 49.17  memorandum under section 626.556, subdivision 10f, or the public 
 49.18  portion of the investigation memorandum under section 626.557, 
 49.19  subdivision 12b.  When the background study shows that the 
 49.20  subject has been determined by a county adult protection or 
 49.21  child protection agency to have been responsible for 
 49.22  maltreatment, the court shall be informed of the county, the 
 49.23  date of the finding, and the nature of the maltreatment that was 
 49.24  substantiated.  The commissioner shall provide the court with 
 49.25  information from the National Criminal Records Repository within 
 49.26  three working days of the commissioner's receipt of the data.  
 49.27  When the commissioner finds no criminal history or substantiated 
 49.28  maltreatment on a background study subject, the commissioner 
 49.29  shall make these results available to the court electronically 
 49.30  through the secure online background study system. 
 49.31     (d) Notwithstanding section 626.556, subdivision 10f, or 
 49.32  626.557, subdivision 12b, if the commissioner or county lead 
 49.33  agency has information that a person on whom a background study 
 49.34  was previously done under this section has been determined to be 
 49.35  a perpetrator of maltreatment of a minor or vulnerable adult, 
 49.36  the commissioner or the county may provide this information to 
 50.1   the court that requested the background study.  
 50.2      Sec. 40.  Minnesota Statutes 2004, section 518.165, is 
 50.3   amended by adding a subdivision to read: 
 50.4      Subd. 6.  [RIGHTS.] The court shall notify the subject of a 
 50.5   background study that the subject has the following rights: 
 50.6      (1) the right to be informed that the court will request a 
 50.7   background study on the subject for the purpose of determining 
 50.8   whether the person's appointment or continued appointment is in 
 50.9   the best interests of the child; 
 50.10     (2) the right to be informed of the results of the study 
 50.11  and to obtain from the court a copy of the results; and 
 50.12     (3) the right to challenge the accuracy and completeness of 
 50.13  the information contained in the results to the agency 
 50.14  responsible for creation of the data except to the extent 
 50.15  precluded by section 256.045, subdivision 3. 
 50.16     Sec. 41.  Minnesota Statutes 2004, section 609A.03, 
 50.17  subdivision 7, is amended to read: 
 50.18     Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
 50.19  expungement order related to a charge supported by probable 
 50.20  cause, the DNA samples and DNA records held by the Bureau of 
 50.21  Criminal Apprehension shall not be sealed, returned to the 
 50.22  subject of the record, or destroyed. 
 50.23     (b) Notwithstanding the issuance of an expungement order: 
 50.24     (1) an expunged record may be opened for purposes of a 
 50.25  criminal investigation, prosecution, or sentencing, upon an ex 
 50.26  parte court order; and 
 50.27     (2) an expunged record of a conviction may be opened for 
 50.28  purposes of evaluating a prospective employee in a criminal 
 50.29  justice agency without a court order; and 
 50.30     (3) an expunged record of a conviction may be opened for 
 50.31  purposes of a background study under section 245C.08 unless the 
 50.32  court order for expungement is directed specifically to the 
 50.33  commissioner of human services. 
 50.34     Upon request by law enforcement, prosecution, or 
 50.35  corrections authorities, an agency or jurisdiction subject to an 
 50.36  expungement order shall inform the requester of the existence of 
 51.1   a sealed record and of the right to obtain access to it as 
 51.2   provided by this paragraph.  For purposes of this section, a 
 51.3   "criminal justice agency" means courts or a government agency 
 51.4   that performs the administration of criminal justice under 
 51.5   statutory authority. 
 51.6      Sec. 42.  Minnesota Statutes 2004, section 626.556, 
 51.7   subdivision 10i, is amended to read: 
 51.8      Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
 51.9   DETERMINATION OF MALTREATMENT AND DISQUALIFICATION BASED ON 
 51.10  SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as 
 51.11  provided under paragraph (e), an individual or facility that the 
 51.12  commissioner of human services, a local social service agency, 
 51.13  or the commissioner of education determines has maltreated a 
 51.14  child, an interested person acting on behalf of the child, 
 51.15  regardless of the determination, who contests the investigating 
 51.16  agency's final determination regarding maltreatment, may request 
 51.17  the investigating agency to reconsider its final determination 
 51.18  regarding maltreatment.  The request for reconsideration must be 
 51.19  submitted in writing to the investigating agency within 15 
 51.20  calendar days after receipt of notice of the final determination 
 51.21  regarding maltreatment or, if the request is made by an 
 51.22  interested person who is not entitled to notice, within 15 days 
 51.23  after receipt of the notice by the parent or guardian of the 
 51.24  child.  If mailed, the request for reconsideration must be 
 51.25  postmarked and sent to the investigating agency within 15 
 51.26  calendar days of the individual's or facility's receipt of the 
 51.27  final determination.  If the request for reconsideration is made 
 51.28  by personal service, it must be received by the investigating 
 51.29  agency within 15 calendar days after the individual's or 
 51.30  facility's receipt of the final determination.  Effective 
 51.31  January 1, 2002, an individual who was determined to have 
 51.32  maltreated a child under this section and who was disqualified 
 51.33  on the basis of serious or recurring maltreatment under sections 
 51.34  245C.14 and 245C.15, may request reconsideration of the 
 51.35  maltreatment determination and the disqualification.  The 
 51.36  request for reconsideration of the maltreatment determination 
 52.1   and the disqualification must be submitted within 30 calendar 
 52.2   days of the individual's receipt of the notice of 
 52.3   disqualification under sections 245C.16 and 245C.17.  If mailed, 
 52.4   the request for reconsideration of the maltreatment 
 52.5   determination and the disqualification must be postmarked and 
 52.6   sent to the investigating agency within 30 calendar days of the 
 52.7   individual's receipt of the maltreatment determination and 
 52.8   notice of disqualification.  If the request for reconsideration 
 52.9   is made by personal service, it must be received by the 
 52.10  investigating agency within 30 calendar days after the 
 52.11  individual's receipt of the notice of disqualification. 
 52.12     (b) Except as provided under paragraphs (e) and (f), if the 
 52.13  investigating agency denies the request or fails to act upon the 
 52.14  request within 15 calendar working days after receiving the 
 52.15  request for reconsideration, the person or facility entitled to 
 52.16  a fair hearing under section 256.045 may submit to the 
 52.17  commissioner of human services or the commissioner of education 
 52.18  a written request for a hearing under that section.  Section 
 52.19  256.045 also governs hearings requested to contest a final 
 52.20  determination of the commissioner of education.  For reports 
 52.21  involving maltreatment of a child in a facility, an interested 
 52.22  person acting on behalf of the child may request a review by the 
 52.23  Child Maltreatment Review Panel under section 256.022 if the 
 52.24  investigating agency denies the request or fails to act upon the 
 52.25  request or if the interested person contests a reconsidered 
 52.26  determination.  The investigating agency shall notify persons 
 52.27  who request reconsideration of their rights under this 
 52.28  paragraph.  The request must be submitted in writing to the 
 52.29  review panel and a copy sent to the investigating agency within 
 52.30  30 calendar days of receipt of notice of a denial of a request 
 52.31  for reconsideration or of a reconsidered determination.  The 
 52.32  request must specifically identify the aspects of the agency 
 52.33  determination with which the person is dissatisfied. 
 52.34     (c) If, as a result of a reconsideration or review, the 
 52.35  investigating agency changes the final determination of 
 52.36  maltreatment, that agency shall notify the parties specified in 
 53.1   subdivisions 10b, 10d, and 10f. 
 53.2      (d) Except as provided under paragraph (f), if an 
 53.3   individual or facility contests the investigating agency's final 
 53.4   determination regarding maltreatment by requesting a fair 
 53.5   hearing under section 256.045, the commissioner of human 
 53.6   services shall assure that the hearing is conducted and a 
 53.7   decision is reached within 90 days of receipt of the request for 
 53.8   a hearing.  The time for action on the decision may be extended 
 53.9   for as many days as the hearing is postponed or the record is 
 53.10  held open for the benefit of either party. 
 53.11     (e) Effective January 1, 2002, if an individual was 
 53.12  disqualified under sections 245C.14 and 245C.15, on the basis of 
 53.13  a determination of maltreatment, which was serious or recurring, 
 53.14  and the individual has requested reconsideration of the 
 53.15  maltreatment determination under paragraph (a) and requested 
 53.16  reconsideration of the disqualification under sections 245C.21 
 53.17  to 245C.27, reconsideration of the maltreatment determination 
 53.18  and reconsideration of the disqualification shall be 
 53.19  consolidated into a single reconsideration.  If reconsideration 
 53.20  of the maltreatment determination is denied or the 
 53.21  disqualification is not set aside under sections 245C.21 to 
 53.22  245C.27, the individual may request a fair hearing under section 
 53.23  256.045.  If an individual requests a fair hearing on the 
 53.24  maltreatment determination and the disqualification, the scope 
 53.25  of the fair hearing shall include both the maltreatment 
 53.26  determination and the disqualification. 
 53.27     (f) Effective January 1, 2002, if a maltreatment 
 53.28  determination or a disqualification based on serious or 
 53.29  recurring maltreatment is the basis for a denial of a license 
 53.30  under section 245A.05 or a licensing sanction under section 
 53.31  245A.07, the license holder has the right to a contested case 
 53.32  hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 
 53.33  1400.8612.  As provided for under section 245A.08, subdivision 
 53.34  2a, the scope of the contested case hearing shall include the 
 53.35  maltreatment determination, disqualification, and licensing 
 53.36  sanction or denial of a license.  In such cases, a fair hearing 
 54.1   regarding the maltreatment determination shall not be conducted 
 54.2   under paragraph (b).  When a fine is based on a determination 
 54.3   that the license holder is responsible for maltreatment and the 
 54.4   fine is issued at the same time as the maltreatment 
 54.5   determination, if the license holder appeals the maltreatment 
 54.6   and fine, reconsideration of the maltreatment determination 
 54.7   shall not be conducted under this section.  If the disqualified 
 54.8   subject is an individual other than the license holder and upon 
 54.9   whom a background study must be conducted under chapter 245C, 
 54.10  the hearings of all parties may be consolidated into a single 
 54.11  contested case hearing upon consent of all parties and the 
 54.12  administrative law judge. 
 54.13     (g) For purposes of this subdivision, "interested person 
 54.14  acting on behalf of the child" means a parent or legal guardian; 
 54.15  stepparent; grandparent; guardian ad litem; adult stepbrother, 
 54.16  stepsister, or sibling; or adult aunt or uncle; unless the 
 54.17  person has been determined to be the perpetrator of the 
 54.18  maltreatment. 
 54.19     Sec. 43.  Minnesota Statutes 2004, section 626.557, 
 54.20  subdivision 9d, is amended to read: 
 54.21     Subd. 9d.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
 54.22  DISPOSITION OF MALTREATMENT AND DISQUALIFICATION BASED ON 
 54.23  SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as 
 54.24  provided under paragraph (e), any individual or facility which a 
 54.25  lead agency determines has maltreated a vulnerable adult, or the 
 54.26  vulnerable adult or an interested person acting on behalf of the 
 54.27  vulnerable adult, regardless of the lead agency's determination, 
 54.28  who contests the lead agency's final disposition of an 
 54.29  allegation of maltreatment, may request the lead agency to 
 54.30  reconsider its final disposition.  The request for 
 54.31  reconsideration must be submitted in writing to the lead agency 
 54.32  within 15 calendar days after receipt of notice of final 
 54.33  disposition or, if the request is made by an interested person 
 54.34  who is not entitled to notice, within 15 days after receipt of 
 54.35  the notice by the vulnerable adult or the vulnerable adult's 
 54.36  legal guardian.  If mailed, the request for reconsideration must 
 55.1   be postmarked and sent to the lead agency within 15 calendar 
 55.2   days of the individual's or facility's receipt of the final 
 55.3   disposition.  If the request for reconsideration is made by 
 55.4   personal service, it must be received by the lead agency within 
 55.5   15 calendar days of the individual's or facility's receipt of 
 55.6   the final disposition.  An individual who was determined to have 
 55.7   maltreated a vulnerable adult under this section and who was 
 55.8   disqualified on the basis of serious or recurring maltreatment 
 55.9   under sections 245C.14 and 245C.15, may request reconsideration 
 55.10  of the maltreatment determination and the disqualification.  The 
 55.11  request for reconsideration of the maltreatment determination 
 55.12  and the disqualification must be submitted in writing within 30 
 55.13  calendar days of the individual's receipt of the notice of 
 55.14  disqualification under sections 245C.16 and 245C.17.  If mailed, 
 55.15  the request for reconsideration of the maltreatment 
 55.16  determination and the disqualification must be postmarked and 
 55.17  sent to the lead agency within 30 calendar days of the 
 55.18  individual's receipt of the notice of disqualification.  If the 
 55.19  request for reconsideration is made by personal service, it must 
 55.20  be received by the lead agency within 30 calendar days after the 
 55.21  individual's receipt of the notice of disqualification. 
 55.22     (b) Except as provided under paragraphs (e) and (f), if the 
 55.23  lead agency denies the request or fails to act upon the request 
 55.24  within 15 calendar working days after receiving the request for 
 55.25  reconsideration, the person or facility entitled to a fair 
 55.26  hearing under section 256.045, may submit to the commissioner of 
 55.27  human services a written request for a hearing under that 
 55.28  statute.  The vulnerable adult, or an interested person acting 
 55.29  on behalf of the vulnerable adult, may request a review by the 
 55.30  Vulnerable Adult Maltreatment Review Panel under section 256.021 
 55.31  if the lead agency denies the request or fails to act upon the 
 55.32  request, or if the vulnerable adult or interested person 
 55.33  contests a reconsidered disposition.  The lead agency shall 
 55.34  notify persons who request reconsideration of their rights under 
 55.35  this paragraph.  The request must be submitted in writing to the 
 55.36  review panel and a copy sent to the lead agency within 30 
 56.1   calendar days of receipt of notice of a denial of a request for 
 56.2   reconsideration or of a reconsidered disposition.  The request 
 56.3   must specifically identify the aspects of the agency 
 56.4   determination with which the person is dissatisfied.  
 56.5      (c) If, as a result of a reconsideration or review, the 
 56.6   lead agency changes the final disposition, it shall notify the 
 56.7   parties specified in subdivision 9c, paragraph (d). 
 56.8      (d) For purposes of this subdivision, "interested person 
 56.9   acting on behalf of the vulnerable adult" means a person 
 56.10  designated in writing by the vulnerable adult to act on behalf 
 56.11  of the vulnerable adult, or a legal guardian or conservator or 
 56.12  other legal representative, a proxy or health care agent 
 56.13  appointed under chapter 145B or 145C, or an individual who is 
 56.14  related to the vulnerable adult, as defined in section 245A.02, 
 56.15  subdivision 13. 
 56.16     (e) If an individual was disqualified under sections 
 56.17  245C.14 and 245C.15, on the basis of a determination of 
 56.18  maltreatment, which was serious or recurring, and the individual 
 56.19  has requested reconsideration of the maltreatment determination 
 56.20  under paragraph (a) and reconsideration of the disqualification 
 56.21  under sections 245C.21 to 245C.27, reconsideration of the 
 56.22  maltreatment determination and requested reconsideration of the 
 56.23  disqualification shall be consolidated into a single 
 56.24  reconsideration.  If reconsideration of the maltreatment 
 56.25  determination is denied or if the disqualification is not set 
 56.26  aside under sections 245C.21 to 245C.27, the individual may 
 56.27  request a fair hearing under section 256.045.  If an individual 
 56.28  requests a fair hearing on the maltreatment determination and 
 56.29  the disqualification, the scope of the fair hearing shall 
 56.30  include both the maltreatment determination and the 
 56.31  disqualification. 
 56.32     (f) If a maltreatment determination or a disqualification 
 56.33  based on serious or recurring maltreatment is the basis for a 
 56.34  denial of a license under section 245A.05 or a licensing 
 56.35  sanction under section 245A.07, the license holder has the right 
 56.36  to a contested case hearing under chapter 14 and Minnesota 
 57.1   Rules, parts 1400.8505 to 1400.8612.  As provided for under 
 57.2   section 245A.08, the scope of the contested case hearing shall 
 57.3   include the maltreatment determination, disqualification, and 
 57.4   licensing sanction or denial of a license.  In such cases, a 
 57.5   fair hearing shall not be conducted under paragraph (b).  When a 
 57.6   fine is based on a determination that the license holder is 
 57.7   responsible for maltreatment and the fine is issued at the same 
 57.8   time as the maltreatment determination, if the license holder 
 57.9   appeals the maltreatment and fine, reconsideration of the 
 57.10  maltreatment determination shall not be conducted under this 
 57.11  section.  If the disqualified subject is an individual other 
 57.12  than the license holder and upon whom a background study must be 
 57.13  conducted under chapter 245C, the hearings of all parties may be 
 57.14  consolidated into a single contested case hearing upon consent 
 57.15  of all parties and the administrative law judge. 
 57.16     (g) Until August 1, 2002, an individual or facility that 
 57.17  was determined by the commissioner of human services or the 
 57.18  commissioner of health to be responsible for neglect under 
 57.19  section 626.5572, subdivision 17, after October 1, 1995, and 
 57.20  before August 1, 2001, that believes that the finding of neglect 
 57.21  does not meet an amended definition of neglect may request a 
 57.22  reconsideration of the determination of neglect.  The 
 57.23  commissioner of human services or the commissioner of health 
 57.24  shall mail a notice to the last known address of individuals who 
 57.25  are eligible to seek this reconsideration.  The request for 
 57.26  reconsideration must state how the established findings no 
 57.27  longer meet the elements of the definition of neglect.  The 
 57.28  commissioner shall review the request for reconsideration and 
 57.29  make a determination within 15 calendar days.  The 
 57.30  commissioner's decision on this reconsideration is the final 
 57.31  agency action. 
 57.32     (1) For purposes of compliance with the data destruction 
 57.33  schedule under subdivision 12b, paragraph (d), when a finding of 
 57.34  substantiated maltreatment has been changed as a result of a 
 57.35  reconsideration under this paragraph, the date of the original 
 57.36  finding of a substantiated maltreatment must be used to 
 58.1   calculate the destruction date. 
 58.2      (2) For purposes of any background studies under chapter 
 58.3   245C, when a determination of substantiated maltreatment has 
 58.4   been changed as a result of a reconsideration under this 
 58.5   paragraph, any prior disqualification of the individual under 
 58.6   chapter 245C that was based on this determination of 
 58.7   maltreatment shall be rescinded, and for future background 
 58.8   studies under chapter 245C the commissioner must not use the 
 58.9   previous determination of substantiated maltreatment as a basis 
 58.10  for disqualification or as a basis for referring the 
 58.11  individual's maltreatment history to a health-related licensing 
 58.12  board under section 245C.31.