HF 2072

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/09/2021 11:44am

A bill for an act
relating to human services; extending human services temporary emergency
background study provisions.

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

Section 1. new text begin HUMAN SERVICES EMERGENCY COVID-19 BACKGROUND
STUDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Emergency COVID-19 background studies. new text end

new text begin (a) The commissioner of
human services shall continue to permit emergency COVID-19 background studies for
individuals required to be studied under Minnesota Statutes, chapter 245C, until the peacetime
emergency declared by the governor in response to the COVID-19 outbreak expires, is
terminated, or is rescinded by the proper authority. A full fingerprint-based background
study must be completed within one year after the peacetime emergency expires, is
terminated, or is rescinded by the proper authority, for every individual who received an
emergency COVID-19 background study under this section or under the background study
requirement waiver issued by the Department of Human Services retroactively from April
6, 2020.
new text end

new text begin (b) Fingerprints and photographs required for background studies under Minnesota
Statutes, chapter 245C, are not required for emergency COVID-19 background studies
under this section.
new text end

new text begin (c) Emergency COVID-19 background studies under this section shall use an individual's
name and date of birth to check Minnesota maltreatment and criminal history registries and
databases. Requirements under Minnesota Statutes, chapter 245C, for checks from
out-of-state registries and databases are waived for these studies.
new text end

new text begin (d) The fee for an emergency COVID-19 background study under this section is $20.
new text end

new text begin Subd. 2. new text end

new text begin Direct contact supervision. new text end

new text begin The commissioner shall waive direct contact
supervision requirements under Minnesota Statutes, section 245C.13, subdivision 2, on a
case-by-case basis, to allow an individual to provide direct contact services to persons served
by a program without continuous, direct supervision while an emergency COVID-19
background study is being completed. This subdivision does not apply to transportation
providers and personal care assistants.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) Child abuse and neglect registry checks shall be conducted in
other states for background study applicants for foster care, adoption, legal guardianship,
and children's residential facilities, if the subject is not currently residing in Minnesota or
resided in a jurisdiction other than Minnesota during the previous five years. Fees for these
background studies shall remain at the amounts in effect on April 1, 2020.
new text end

new text begin (b) This section does not apply to background studies for county and private agency
adoptions or transfers of permanent legal and physical custody. The requirements under
Minnesota Statutes, chapter 245C, apply to these background studies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end