HF 2248

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; adding provisions for 
  1.3             licensing programs; amending Minnesota Statutes 1994, 
  1.4             sections 245A.04, subdivisions 3c, 4, 5, and 6; 
  1.5             245A.06, as amended; 245A.07, subdivision 1; 245A.08, 
  1.6             subdivisions 1 and 2; and 245A.16, subdivision 2; 
  1.7             Minnesota Statutes 1995 Supplement, sections 245A.02, 
  1.8             subdivision 16; 245A.04, subdivisions 3, 3b, and 7; 
  1.9             245A.07, subdivision 3; 245A.09, subdivision 7; and 
  1.10            245A.11, subdivision 2; proposing coding for new law 
  1.11            in Minnesota Statutes, chapter 245A; repealing 
  1.12            Minnesota Rules, parts 9503.0170, subpart 7; 
  1.13            9555.8000; 9555.8100; 9555.8200; 9555.8300; 9555.8400; 
  1.14            and 9555.8500. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.17  245A.02, subdivision 16, is amended to read: 
  1.18     Subd. 16.  [SCHOOL AGE CHILD.] "School age child" means a 
  1.19  child who is at least of sufficient age to have attended the 
  1.20  first day of kindergarten, or is eligible to enter kindergarten 
  1.21  within the next four months, but is younger than 13 years of 
  1.22  age.  The definition of school age child applies only to child 
  1.23  care centers licensed under Minnesota Rules, parts 9503.0005 to 
  1.24  9503.0170. 
  1.25     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  1.26  245A.04, subdivision 3, is amended to read: 
  1.27     Subd. 3.  [STUDY OF THE APPLICANT.] (a) Before the 
  1.28  commissioner issues a license, the commissioner shall conduct a 
  1.29  study of the individuals specified in clauses (1) to (5) 
  1.30  according to rules of the commissioner.  The applicant, license 
  2.1   holder, the bureau of criminal apprehension, the commissioner of 
  2.2   health and county agencies, after written notice to the 
  2.3   individual who is the subject of the study, shall help with the 
  2.4   study by giving the commissioner criminal conviction data and 
  2.5   reports about abuse or neglect maltreatment of adults in 
  2.6   licensed programs substantiated under section 626.557 and the 
  2.7   maltreatment of minors in licensed programs substantiated under 
  2.8   section 626.556.  The individuals to be studied shall include: 
  2.9      (1) the applicant; 
  2.10     (2) persons over the age of 13 living in the household 
  2.11  where the licensed program will be provided; 
  2.12     (3) current employees or contractors of the applicant who 
  2.13  will have direct contact with persons served by the program; 
  2.14     (4) volunteers who have direct contact with persons served 
  2.15  by the program to provide program services, if the contact is 
  2.16  not directly supervised by the individuals listed in clause (1) 
  2.17  or (3); and 
  2.18     (5) any person who, as an individual or as a member of an 
  2.19  organization, exclusively offers, provides, or arranges for 
  2.20  personal care assistant services under the medical assistance 
  2.21  program as authorized under sections 256B.04, subdivision 16, 
  2.22  and 256B.0625, subdivision 19. 
  2.23     The juvenile courts shall also help with the study by 
  2.24  giving the commissioner existing juvenile court records on 
  2.25  individuals described in clause (2) relating to delinquency 
  2.26  proceedings held within either the five years immediately 
  2.27  preceding the application or the five years immediately 
  2.28  preceding the individual's 18th birthday, whichever time period 
  2.29  is longer.  The commissioner shall destroy juvenile records 
  2.30  obtained pursuant to this subdivision when the subject of the 
  2.31  records reaches age 23.  
  2.32     For purposes of this section and Minnesota Rules, part 
  2.33  9543.3070, a finding that a delinquency petition is proven in 
  2.34  juvenile court shall be considered a conviction in state 
  2.35  district court. 
  2.36     For purposes of this subdivision, "direct contact" means 
  3.1   providing face-to-face care, training, supervision, counseling, 
  3.2   consultation, or medication assistance to persons served by a 
  3.3   program.  For purposes of this subdivision, "directly supervised"
  3.4   means an individual listed in clause (1), (3), or (5) is within 
  3.5   sight or hearing of a volunteer to the extent that the 
  3.6   individual listed in clause (1), (3), or (5) is capable at all 
  3.7   times of intervening to protect the health and safety of the 
  3.8   persons served by the program who have direct contact with the 
  3.9   volunteer. 
  3.10     A study of an individual in clauses (1) to (5) shall be 
  3.11  conducted at least upon application for initial license and 
  3.12  reapplication for a license.  The commissioner is not required 
  3.13  to conduct a study of an individual at the time of reapplication 
  3.14  for a license, other than a family day care or foster care 
  3.15  license, if (i) a study of the individual was conducted either 
  3.16  at the time of initial licensure or when the individual became 
  3.17  affiliated with the license holder; (ii) the individual has been 
  3.18  continuously affiliated with the license holder since the last 
  3.19  study was conducted; and (iii) the procedure described in 
  3.20  paragraph (b) has been implemented and was in effect 
  3.21  continuously since the last study was conducted.  
  3.22     The commissioner may also conduct studies on individuals 
  3.23  specified in clauses (3) and (4) when the request for the study 
  3.24  is initiated by: 
  3.25     (i) personnel pool agencies; 
  3.26     (ii) temporary personnel agencies; 
  3.27     (iii) educational programs that train an individual by 
  3.28  providing direct contact services in licensed programs; and 
  3.29     (iv) professional services agencies that are not licensed 
  3.30  and which contract with licensed programs to provide direct 
  3.31  contact services or individuals who provide direct contact 
  3.32  services.  Studies on individuals must be initiated annually by 
  3.33  these agencies and programs.  No applicant, license holder, or 
  3.34  individual who is the subject of the study shall pay any fees 
  3.35  required to conduct the study.  
  3.36     (b) If an individual who is affiliated with a program or 
  4.1   facility regulated by the department of human services or 
  4.2   department of health is convicted of a crime constituting a 
  4.3   disqualification under Minnesota Rules, parts 9543.3000 to 
  4.4   9543.3090, the probation officer or corrections agent shall 
  4.5   notify the commissioner of the conviction.  The commissioner, in 
  4.6   consultation with the commissioner of corrections, shall develop 
  4.7   forms and information necessary to implement this paragraph and 
  4.8   shall provide the forms and information to the commissioner of 
  4.9   corrections for distribution to local probation officers and 
  4.10  corrections agents.  The commissioner shall inform individuals 
  4.11  subject to a background study that criminal convictions for 
  4.12  disqualifying crimes will be reported to the commissioner by the 
  4.13  corrections system.  A probation officer, corrections agent, or 
  4.14  corrections agency is not civilly or criminally liable for 
  4.15  disclosing or failing to disclose the information required by 
  4.16  this paragraph.  This paragraph does not apply to family day 
  4.17  care and foster care programs. 
  4.18     (c) The individual who is the subject of the study must 
  4.19  provide the applicant or license holder with sufficient 
  4.20  information to ensure an accurate study including the 
  4.21  individual's first, middle, and last name; home address, city,; 
  4.22  county, and state of residence for the past five years; zip 
  4.23  code; sex; date of birth; and driver's license number.  The 
  4.24  applicant or license holder shall provide this information about 
  4.25  an individual in paragraph (a), clauses (1) to (5), on forms 
  4.26  prescribed by the commissioner.  The commissioner may request 
  4.27  additional information of the individual, which shall be 
  4.28  optional for the individual to provide, such as the individual's 
  4.29  social security number or race. 
  4.30     (d) Except for child foster care, adult foster care, and 
  4.31  family day care homes, a study must include information from the 
  4.32  county agency's record of substantiated abuse or neglect of 
  4.33  adults in licensed programs related to names of substantiated 
  4.34  perpetrators of maltreatment of vulnerable adults that has been 
  4.35  received by the commissioner as required under section 626.557, 
  4.36  subdivision 9c, paragraph (i), and the commissioner's records 
  5.1   relating to the maltreatment of minors in licensed programs, 
  5.2   information from juvenile courts as required in paragraph (a) 
  5.3   for persons listed in paragraph (a), clause (2), and information 
  5.4   from the bureau of criminal apprehension.  For child foster 
  5.5   care, adult foster care, and family day care homes, the study 
  5.6   must include information from the county agency's record of 
  5.7   substantiated abuse or neglect maltreatment of adults, and the 
  5.8   maltreatment of minors, information from juvenile courts as 
  5.9   required in paragraph (a) for persons listed in paragraph (a), 
  5.10  clause (2), and information from the bureau of criminal 
  5.11  apprehension.  The commissioner may also review arrest and 
  5.12  investigative information from the bureau of criminal 
  5.13  apprehension, the commissioner of health, a county attorney, 
  5.14  county sheriff, county agency, local chief of police, other 
  5.15  states, the courts, or a national criminal record repository the 
  5.16  Federal Bureau of Investigation if the commissioner has 
  5.17  reasonable cause to believe the information is pertinent to the 
  5.18  disqualification of an individual listed in paragraph (a), 
  5.19  clauses (1) to (5).  The commissioner is not required to conduct 
  5.20  more than one review of a subject's records from the national 
  5.21  criminal record repository Federal Bureau of Investigation if a 
  5.22  review of the subject's criminal history with the national 
  5.23  criminal record repository Federal Bureau of Investigation has 
  5.24  already been completed by the commissioner and there has been no 
  5.25  break in the subject's affiliation with the license holder who 
  5.26  initiated the background studies. 
  5.27     When the commissioner has reasonable cause to believe that 
  5.28  further pertinent information may exist on the subject, the 
  5.29  subject shall be required to provide a set of classifiable 
  5.30  fingerprints obtained from an authorized law enforcement 
  5.31  agency.  For purposes of requiring fingerprints, the 
  5.32  commissioner shall have reasonable cause under, but not limited 
  5.33  to, the following circumstances:  (1) information from the 
  5.34  bureau of criminal apprehension indicates that the subject is a 
  5.35  multistate offender; (2) information from the bureau of criminal 
  5.36  apprehension indicates that multistate offender status is 
  6.1   undetermined; or (3) the commissioner has received a report from 
  6.2   the subject or a third party indicating that the subject has a 
  6.3   criminal history in a jurisdiction other than Minnesota.  
  6.4      (e) An applicant's or license holder's failure or refusal 
  6.5   to cooperate with the commissioner is reasonable cause to deny 
  6.6   an application or immediately suspend, suspend, or revoke a 
  6.7   license.  Failure or refusal of an individual to cooperate with 
  6.8   the study is just cause for denying or terminating employment of 
  6.9   the individual if the individual's failure or refusal to 
  6.10  cooperate could cause the applicant's application to be denied 
  6.11  or the license holder's license to be immediately suspended, 
  6.12  suspended, or revoked. 
  6.13     (f) The commissioner shall not consider an application to 
  6.14  be complete until all of the information required to be provided 
  6.15  under this subdivision has been received.  
  6.16     (g) No person in paragraph (a), clause (1), (2), (3), (4), 
  6.17  or (5) who is disqualified as a result of this section may be 
  6.18  retained by the agency in a position involving direct contact 
  6.19  with persons served by the program. 
  6.20     (h) Termination of persons in paragraph (a), clause (1), 
  6.21  (2), (3), (4), or (5), made in good faith reliance on a notice 
  6.22  of disqualification provided by the commissioner shall not 
  6.23  subject the applicant or license holder to civil liability. 
  6.24     (i) The commissioner may establish records to fulfill the 
  6.25  requirements of this section. 
  6.26     (j) The commissioner may not disqualify an individual 
  6.27  subject to a study under this section because that person has, 
  6.28  or has had, a mental illness as defined in section 245.462, 
  6.29  subdivision 20. 
  6.30     (k) An individual who is subject to an applicant background 
  6.31  study under this section and whose disqualification in 
  6.32  connection with a license would be subject to the limitations on 
  6.33  reconsideration set forth in subdivision 3b, paragraph (c), 
  6.34  shall be disqualified for conviction of the crimes specified in 
  6.35  the manner specified in subdivision 3b, paragraph (c).  The 
  6.36  commissioner of human services shall amend Minnesota Rules, part 
  7.1   9543.3070, to conform to this section. 
  7.2      (l) An individual must be disqualified if it has been 
  7.3   determined that the individual failed to make required reports 
  7.4   under section 626.556, subdivision 3, or 626.557, subdivision 3, 
  7.5   for incidents in which:  (1) the final disposition under section 
  7.6   626.556 or 626.557 was substantiated maltreatment, and (2) the 
  7.7   maltreatment was recurring or serious as defined in Minnesota 
  7.8   Rules, part 9543.3020, subpart 10.  
  7.9      (m) An individual subject to disqualification under this 
  7.10  subdivision has the applicable rights in subdivision 3a, 3b, or 
  7.11  3c. 
  7.12     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  7.13  245A.04, subdivision 3b, is amended to read: 
  7.14     Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) 
  7.15  Within 30 days after receiving notice of disqualification under 
  7.16  subdivision 3a, the individual who is the subject of the study 
  7.17  may request reconsideration of the notice of disqualification.  
  7.18  The individual must submit the request for reconsideration to 
  7.19  the commissioner in writing.  The individual must present 
  7.20  information to show that: 
  7.21     (1) the information the commissioner relied upon is 
  7.22  incorrect; or 
  7.23     (2) the subject of the study does not pose a risk of harm 
  7.24  to any person served by the applicant or license holder. 
  7.25     (b) The commissioner may set aside the disqualification if 
  7.26  the commissioner finds that the information the commissioner 
  7.27  relied upon is incorrect or the individual does not pose a risk 
  7.28  of harm to any person served by the applicant or license 
  7.29  holder.  In determining whether an individual does not pose a 
  7.30  risk of harm, the commissioner shall review consider the 
  7.31  consequences of the event or events that could lead to 
  7.32  disqualification, whether there is more than one disqualifying 
  7.33  event, the vulnerability of the victim at the time of the event, 
  7.34  the time elapsed without a repeat of the same or similar event, 
  7.35  and documentation of successful completion by the individual 
  7.36  studied of training or rehabilitation pertinent to the event, 
  8.1   and any other information relevant to the reconsideration.  In 
  8.2   reviewing a disqualification, the commissioner shall give 
  8.3   preeminent weight to the safety of each person to be served by 
  8.4   the license holder or applicant over the interests of the 
  8.5   license holder or applicant.  
  8.6      (c) Unless the information the commissioner relied on in 
  8.7   disqualifying an individual is incorrect, the commissioner may 
  8.8   not set aside the disqualification of an individual in 
  8.9   connection with a license to provide family day care for 
  8.10  children, foster care for children in the provider's own home, 
  8.11  or foster care or day care services for adults in the provider's 
  8.12  own home if: 
  8.13     (1) less than ten years have passed since the discharge of 
  8.14  the sentence imposed for the offense; and the individual has 
  8.15  been convicted of a violation of any offense listed in section 
  8.16  609.20 (manslaughter in the first degree), 609.205 (manslaughter 
  8.17  in the second degree), 609.21 (criminal vehicular homicide), 
  8.18  609.215 (aiding suicide or aiding attempted suicide), 609.221 to 
  8.19  609.2231 (felony violations of assault in the first, second, 
  8.20  third, or fourth degree), 609.713 (terroristic threats), 609.235 
  8.21  (use of drugs to injure or to facilitate crime), 609.24 (simple 
  8.22  robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
  8.23  609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
  8.24  first or second degree), 609.71 (riot), 609.582 (burglary in the 
  8.25  first or second degree), 609.66 (reckless use of a gun or 
  8.26  dangerous weapon or intentionally pointing a gun at or towards a 
  8.27  human being), 609.665 (setting a spring gun), 609.67 (unlawfully 
  8.28  owning, possessing, or operating a machine gun), 609.749 
  8.29  (stalking), 152.021 or 152.022 (controlled substance crime in 
  8.30  the first or second degree), 152.023, subdivision 1, clause (3) 
  8.31  or (4), or subdivision 2, clause (4) (controlled substance crime 
  8.32  in the third degree), 152.024, subdivision 1, clause (2), (3), 
  8.33  or (4) (controlled substance crime in the fourth degree), 
  8.34  609.224, subdivision 2, paragraph (c) (fifth-degree assault by a 
  8.35  caregiver against a vulnerable adult), 609.228 (great bodily 
  8.36  harm caused by distribution of drugs), 609.23 (mistreatment of 
  9.1   persons confined), 609.231 (mistreatment of residents or 
  9.2   patients), 609.2325 (criminal abuse of a vulnerable adult), 
  9.3   609.233 (criminal neglect of a vulnerable adult), 609.2335 
  9.4   (financial exploitation of a vulnerable adult), 609.234 (failure 
  9.5   to report), 609.265 (abduction), 609.2664 to 609.2665 
  9.6   (manslaughter of an unborn child in the first or second degree), 
  9.7   609.267 to 609.2672 (assault of an unborn child in the first, 
  9.8   second, or third degree), 609.268 (injury or death of an unborn 
  9.9   child in the commission of a crime), 617.293 (disseminating or 
  9.10  displaying harmful material to minors), 609.378 (neglect or 
  9.11  endangerment of a child), 609.377 (a gross misdemeanor offense 
  9.12  of malicious punishment of a child), 609.72, subdivision 3 
  9.13  (disorderly conduct against a vulnerable adult); or an attempt 
  9.14  or conspiracy to commit any of these offenses, as each of these 
  9.15  offenses is defined in Minnesota Statutes; or an offense in any 
  9.16  other state, the elements of which are substantially similar to 
  9.17  the elements of any of the foregoing offenses; 
  9.18     (2) regardless of how much time has passed since the 
  9.19  discharge of the sentence imposed for the offense, the 
  9.20  individual was convicted of a violation of any offense listed in 
  9.21  sections 609.185 to 609.195 (murder in the first, second, or 
  9.22  third degree), 609.2661 to 609.2663 (murder of an unborn child 
  9.23  in the first, second, or third degree), 609.377 (a felony 
  9.24  offense of malicious punishment of a child), 609.322 
  9.25  (soliciting, inducement, or promotion of prostitution), 609.323 
  9.26  (receiving profit derived from prostitution), 609.342 to 609.345 
  9.27  (criminal sexual conduct in the first, second, third, or fourth 
  9.28  degree), 609.352 (solicitation of children to engage in sexual 
  9.29  conduct), 617.246 (use of minors in a sexual performance), 
  9.30  617.247 (possession of pictorial representations of a minor), 
  9.31  609.365 (incest), or an attempt or conspiracy to commit any of 
  9.32  these offenses as defined in Minnesota Statutes, or an offense 
  9.33  in any other state, the elements of which are substantially 
  9.34  similar to any of the foregoing offenses; 
  9.35     (3) within the seven years preceding the study, the 
  9.36  individual committed an act that constitutes maltreatment of a 
 10.1   child under section 626.556, subdivision 10e, and that resulted 
 10.2   in substantial bodily harm as defined in section 609.02, 
 10.3   subdivision 7a, or substantial mental or emotional harm as 
 10.4   supported by competent psychological or psychiatric evidence; or 
 10.5      (4) within the seven years preceding the study, the 
 10.6   individual was determined under section 626.557 to be the 
 10.7   perpetrator of a substantiated incident of abuse maltreatment of 
 10.8   a vulnerable adult that resulted in substantial bodily harm as 
 10.9   defined in section 609.02, subdivision 7a, or substantial mental 
 10.10  or emotional harm as supported by competent psychological or 
 10.11  psychiatric evidence. 
 10.12     In the case of any ground for disqualification under 
 10.13  clauses (1) to (4), if the act was committed by an individual 
 10.14  other than the applicant or license holder residing in the 
 10.15  applicant's or license holder's home, the applicant or license 
 10.16  holder may seek reconsideration when the individual who 
 10.17  committed the act no longer resides in the home.  
 10.18     The disqualification periods provided under clauses (1), 
 10.19  (3), and (4) are the minimum applicable disqualification 
 10.20  periods.  The commissioner may determine that an individual 
 10.21  should continue to be disqualified from licensure because the 
 10.22  license holder or applicant poses a risk of harm to a person 
 10.23  served by that individual after the minimum disqualification 
 10.24  period has passed. 
 10.25     (d) The commissioner shall respond in writing to all 
 10.26  reconsideration requests within 15 working days after receiving 
 10.27  the request for reconsideration.  If the disqualification is set 
 10.28  aside, the commissioner shall notify the applicant or license 
 10.29  holder in writing of the decision. 
 10.30     (e) Except as provided in subdivision 3c, the 
 10.31  commissioner's decision to disqualify an individual, including 
 10.32  the decision to grant or deny a reconsideration of 
 10.33  disqualification under this subdivision, or to set aside or 
 10.34  uphold the results of the study under subdivision 3, is the 
 10.35  final administrative agency action and shall not be subject to 
 10.36  further review in a contested case under chapter 14 involving a 
 11.1   negative licensing action taken in response to the 
 11.2   disqualification. 
 11.3      Sec. 4.  Minnesota Statutes 1994, section 245A.04, 
 11.4   subdivision 3c, is amended to read: 
 11.5      Subd. 3c.  [CONTESTED CASE.] If a disqualification is not 
 11.6   set aside, a person who, on or after the effective date of rules 
 11.7   adopted under subdivision 3, paragraph (i), is an employee of an 
 11.8   employer, as defined in section 179A.03, subdivision 15, may 
 11.9   request a contested case hearing under chapter 14.  Rules 
 11.10  adopted under this chapter may not preclude an employee in a 
 11.11  contested case hearing for disqualification from submitting 
 11.12  evidence concerning information gathered under subdivision 3, 
 11.13  paragraph (e). 
 11.14     Sec. 5.  Minnesota Statutes 1994, section 245A.04, 
 11.15  subdivision 4, is amended to read: 
 11.16     Subd. 4.  [INSPECTIONS; WAIVER.] (a) Before issuing a 
 11.17  license, the commissioner shall conduct an inspection of the 
 11.18  program.  The inspection must include but is not limited to: 
 11.19     (1) an inspection of the physical plant; 
 11.20     (2) an inspection of records and documents; 
 11.21     (3) an evaluation of the program by consumers of the 
 11.22  program; and 
 11.23     (4) observation of the program in operation. 
 11.24     For the purposes of this subdivision, "consumer" means a 
 11.25  person who receives the services of a licensed program, the 
 11.26  person's legal guardian, or the parent or individual having 
 11.27  legal custody of a child who receives the services of a licensed 
 11.28  program. 
 11.29     (b) The evaluation required in paragraph (a), clause (3) or 
 11.30  the observation in paragraph (a), clause (4) is not required 
 11.31  prior to issuing a provisional an initial license under 
 11.32  subdivision 7.  If the commissioner issues a provisional an 
 11.33  initial license under subdivision 7, these requirements must be 
 11.34  completed within one year after the issuance of a provisional an 
 11.35  initial license.  The observation in paragraph (a), clause (4) 
 11.36  is not required if the commissioner determines that the 
 12.1   observation would hinder the persons receiving services in 
 12.2   benefiting from the program.  
 12.3      Sec. 6.  Minnesota Statutes 1994, section 245A.04, 
 12.4   subdivision 5, is amended to read: 
 12.5      Subd. 5.  [COMMISSIONER'S RIGHT OF ACCESS.] When the 
 12.6   commissioner is exercising the powers conferred by sections 
 12.7   245A.01 to 245A.15 245A.16, the commissioner must be given 
 12.8   access to the physical plant and grounds where the program is 
 12.9   provided, documents, persons served by the program, and staff 
 12.10  whenever the program is in operation and the information is 
 12.11  relevant to inspections or investigations conducted by the 
 12.12  commissioner.  The commissioner must be given access without 
 12.13  prior notice and as often as the commissioner considers 
 12.14  necessary if the commissioner is conducting an investigation of 
 12.15  allegations of abuse, neglect, maltreatment, or other violation 
 12.16  of applicable laws or rules.  In conducting inspections, the 
 12.17  commissioner may request and shall receive assistance from other 
 12.18  state, county, and municipal governmental agencies and 
 12.19  departments.  The applicant or license holder shall allow the 
 12.20  commissioner to photocopy, photograph, and make audio and video 
 12.21  tape recordings during the inspection of the program at the 
 12.22  commissioner's expense.  The commissioner shall obtain a court 
 12.23  order or the consent of the subject of the records or the 
 12.24  parents or legal guardian of the subject before photocopying 
 12.25  hospital medical records.  
 12.26     Persons served by the program have the right to refuse to 
 12.27  consent to be interviewed, photographed, or audio or videotaped. 
 12.28  Failure or refusal of an applicant or license holder to fully 
 12.29  comply with this subdivision is reasonable cause for the 
 12.30  commissioner to deny the application or immediately suspend or 
 12.31  revoke the license. 
 12.32     Sec. 7.  Minnesota Statutes 1994, section 245A.04, 
 12.33  subdivision 6, is amended to read: 
 12.34     Subd. 6.  [COMMISSIONER'S EVALUATION.] Before granting, 
 12.35  suspending, revoking, or making probationary provisional a 
 12.36  license, the commissioner shall evaluate information gathered 
 13.1   under this section.  The commissioner's evaluation shall 
 13.2   consider facts, conditions, or circumstances concerning the 
 13.3   program's operation, the well-being of persons served by the 
 13.4   program, available consumer evaluations of the program, and 
 13.5   information about the qualifications of the personnel employed 
 13.6   by the applicant or license holder. 
 13.7      The commissioner shall evaluate the results of the study 
 13.8   required in subdivision 3 and determine whether a risk of harm 
 13.9   to the persons served by the program exists.  In conducting this 
 13.10  evaluation, the commissioner shall apply the disqualification 
 13.11  standards set forth in rules adopted under this chapter.  Prior 
 13.12  to the adoption of rules establishing disqualification 
 13.13  standards, the commissioner shall forward the proposed rules to 
 13.14  the commissioner of human rights for review and recommendation 
 13.15  concerning the protection of individual rights.  The 
 13.16  recommendation of the commissioner of human rights is not 
 13.17  binding on the commissioner of human services.  
 13.18     Sec. 8.  Minnesota Statutes 1995 Supplement, section 
 13.19  245A.04, subdivision 7, is amended to read: 
 13.20     Subd. 7.  [ISSUANCE OF A LICENSE; PROVISIONAL LICENSE.] (a) 
 13.21  If the commissioner determines that the program complies with 
 13.22  all applicable rules and laws, the commissioner shall issue a 
 13.23  license.  At minimum, the license shall state:  
 13.24     (1) the name of the license holder; 
 13.25     (2) the address of the program; 
 13.26     (3) the effective date and expiration date of the license; 
 13.27     (4) the type of license; 
 13.28     (5) the maximum number and ages of persons that may receive 
 13.29  services from the program; and 
 13.30     (6) any special conditions of licensure. 
 13.31     (b) The commissioner may issue a provisional an initial 
 13.32  license for a period not to exceed one year two years if:  
 13.33     (1) the commissioner is unable to conduct the evaluation or 
 13.34  observation required by subdivision 4, paragraph (a), clauses (3)
 13.35  and (4), because the program is not yet operational; 
 13.36     (2) certain records and documents are not available because 
 14.1   persons are not yet receiving services from the program; and 
 14.2      (3) the applicant complies with applicable laws and rules 
 14.3   in all other respects.  
 14.4   A provisional license must not be issued except at the time that 
 14.5   a license is first issued to an applicant. 
 14.6      (c) A decision by the commissioner to issue a license does 
 14.7   not guarantee that any person or persons will be placed or cared 
 14.8   for in the licensed program.  A license shall not be 
 14.9   transferable to another individual, corporation, partnership, 
 14.10  voluntary association, other organization, or controlling 
 14.11  individual, or to another location.  For purposes of 
 14.12  reimbursement for meals only, under the Child and Adult Care 
 14.13  Food Program, Code of Federal Regulations, title 7, subtitle B, 
 14.14  chapter II, subchapter A, part 226, relocation within the same 
 14.15  county by a family day care provider licensed under Minnesota 
 14.16  Rules, parts 9502.0300 to 9502.0445, shall be considered an 
 14.17  extension of the license for a period of no more than 30 
 14.18  calendar days or until the new license is issued, whichever 
 14.19  occurs first.  Unless otherwise specified by statute, all 
 14.20  licenses expire at 12:01 a.m. on the day after the expiration 
 14.21  date stated on the license.  A license holder must apply for and 
 14.22  be granted a new license to operate the program or the program 
 14.23  must not be operated after the expiration date.  
 14.24     Sec. 9.  [245A.041] [LICENSE HOLDER REQUIREMENTS GOVERNING 
 14.25  MALTREATMENT OF VULNERABLE ADULTS.] 
 14.26     Subdivision 1.  [LICENSE HOLDER INTERNAL REPORTING AND 
 14.27  INVESTIGATION OF MALTREATMENT.] All licensed programs serving 
 14.28  adults shall establish and enforce internal written reporting 
 14.29  and investigating policies and procedures for suspected or 
 14.30  alleged maltreatment. 
 14.31     (a) The policies and procedures must include a process for 
 14.32  the mandatory reporting of maltreatment of individuals receiving 
 14.33  services and must specify that reports may be made internally, 
 14.34  externally, or both.  The policies and procedures shall also 
 14.35  contain a provision that persons other than mandated reporters 
 14.36  may and should report incidents of maltreatment and shall 
 15.1   identify the persons to whom internal reports shall be made.  
 15.2   The person responsible for forwarding internal reports to the 
 15.3   common entry point shall be clearly identified.  Mandated 
 15.4   reporters shall be informed when a report has been forwarded and 
 15.5   to whom it was forwarded. 
 15.6      (b) The policies and procedures shall include 
 15.7   identification of the person responsible for the internal review 
 15.8   and investigation of maltreatment.  If the person responsible 
 15.9   for the internal review and investigation is suspected of 
 15.10  committing the maltreatment, another person shall be designated 
 15.11  to conduct the review and investigation.  
 15.12     (c) The policies and procedures shall include a provision 
 15.13  requiring that records are maintained regarding the internal 
 15.14  review and investigation of maltreatment.  These records shall 
 15.15  contain a summary of the findings, persons involved, persons 
 15.16  interviewed, persons and investigating authorities notified, 
 15.17  conclusions, and any actions taken.  The records shall be dated 
 15.18  and authenticated by signature and identification of the person 
 15.19  doing the review and investigation.  
 15.20     (d) The program shall provide an orientation to the 
 15.21  internal reporting system for persons receiving services.  If 
 15.22  applicable, the person's legal representative must be notified 
 15.23  of the orientation.  The program shall provide this orientation 
 15.24  for each new person within 24 hours of admission, or for persons 
 15.25  who would benefit more from a later orientation, the orientation 
 15.26  may take place within 72 hours.  
 15.27     (e) The program shall post a copy of the internal reporting 
 15.28  policies and procedures in a prominent location in the program 
 15.29  and have it available upon request to mandated reporters, 
 15.30  persons receiving services, and legal representatives.  
 15.31     Subd. 2.  [ABUSE PREVENTION PLANS.] (a) All licensed 
 15.32  programs serving adults shall establish and enforce an ongoing 
 15.33  written abuse prevention plan as required under section 626.557, 
 15.34  subdivision 14.  The assessment of the population shall include 
 15.35  an evaluation of the following factors:  age, sex, mental 
 15.36  functioning, physical and emotional health or behavior of 
 16.1   persons, the need for specialized programs of care for persons, 
 16.2   the need for training of staff to meet identified individual 
 16.3   needs, and the knowledge a program may have regarding previous 
 16.4   abuse that is relevant to minimizing risk of abuse for persons.  
 16.5   The program shall provide an orientation to the program abuse 
 16.6   prevention plan for persons receiving services.  If applicable, 
 16.7   legal representatives shall have the opportunity to be included 
 16.8   in the orientation.  The program shall provide this orientation 
 16.9   to each new person within 24 hours of admission.  
 16.10     (b) All licensed programs serving adults shall develop and 
 16.11  implement an individual abuse prevention plan for each person 
 16.12  receiving services as required under section 626.557, 
 16.13  subdivision 14.  The plan shall be developed for each new person 
 16.14  as part of the initial individual program plan required under 
 16.15  the applicable licensing rule.  The plan must be a part of the 
 16.16  individual program plan, and the review and evaluation of the 
 16.17  individual abuse prevention plan shall be done as part of the 
 16.18  review of the person's individual program plan.  The 
 16.19  interdisciplinary team shall review abuse prevention plans at 
 16.20  least annually, using the individual assessment and any reports 
 16.21  of abuse relating to the person.  The plan shall be revised to 
 16.22  reflect the results of this review.  Whenever possible, the 
 16.23  person shall participate in the development of the individual 
 16.24  abuse prevention plan.  If applicable, the person's legal 
 16.25  representative shall be given the opportunity to participate 
 16.26  with or for the person in the development of the plan.  
 16.27     Subd. 3.  [STAFF MALTREATMENT TRAINING AND ORIENTATION 
 16.28  REQUIREMENTS.] (a) All licensed programs serving adults shall 
 16.29  provide orientation for new mandated reporters within 72 hours 
 16.30  of employment.  All staff shall be informed of the requirements 
 16.31  in section 626.557 and be informed of all internal policies and 
 16.32  procedures related to individuals receiving services. 
 16.33     (b) All licensed programs serving adults shall conduct 
 16.34  in-service training at least annually for mandated reporters to 
 16.35  review section 626.557 and all internal maltreatment policies 
 16.36  and procedures related to individuals receiving services. 
 17.1      Sec. 10.  Minnesota Statutes 1994, section 245A.06, as 
 17.2   amended by Laws 1995, chapter 207, article 2, sections 11, 12, 
 17.3   and 13, is amended to read: 
 17.4      245A.06 [CORRECTION ORDER AND FINES.] 
 17.5      Subdivision 1.  [CONTENTS OF CORRECTION ORDERS OR FINES.] 
 17.6   (a) If the commissioner finds that the applicant or license 
 17.7   holder has failed to comply with an applicable law or rule and 
 17.8   this failure does not imminently endanger the health, safety, or 
 17.9   rights of the persons served by the program, the commissioner 
 17.10  may issue a correction order to or impose a fine on the 
 17.11  applicant or license holder.  The correction order or fine must 
 17.12  state: 
 17.13     (1) the conditions that constitute a violation of the law 
 17.14  or rule; 
 17.15     (2) the specific law or rule violated; and 
 17.16     (3) the time allowed to correct each violation; and 
 17.17     (4) if a fine is imposed, the amount of the fine. 
 17.18     (b) Nothing in this section prohibits the commissioner from 
 17.19  proposing a sanction as specified in section 245A.07, prior to 
 17.20  issuing a correction order or fine. 
 17.21     Subd. 2.  [RECONSIDERATION OF CORRECTION ORDERS.] If the 
 17.22  applicant or license holder believes that the contents of the 
 17.23  commissioner's correction order are in error, the applicant or 
 17.24  license holder may ask the department of human services to 
 17.25  reconsider the parts of the correction order that are alleged to 
 17.26  be in error.  The request for reconsideration must be in writing 
 17.27  and received by the commissioner within 20 calendar days after 
 17.28  receipt of the correction order by the applicant or license 
 17.29  holder, and: 
 17.30     (1) specify the parts of the correction order that are 
 17.31  alleged to be in error; 
 17.32     (2) explain why they are in error; and 
 17.33     (3) include documentation to support the allegation of 
 17.34  error. 
 17.35     A request for reconsideration does not stay any provisions 
 17.36  or requirements of the correction order.  The commissioner's 
 18.1   disposition of a request for reconsideration is final and not 
 18.2   subject to appeal under chapter 14. 
 18.3      Subd. 3.  [FAILURE TO COMPLY.] If upon reinspection, the 
 18.4   commissioner finds that the applicant or license holder has not 
 18.5   corrected the violations specified in the correction order, the 
 18.6   commissioner may order impose a fine.  If a fine was imposed and 
 18.7   the violation was not corrected, the commissioner may impose an 
 18.8   additional fine.  This section does not prohibit the 
 18.9   commissioner from seeking a court order, denying an application, 
 18.10  or suspending, revoking, or making probationary provisional the 
 18.11  license in addition to ordering a fine. 
 18.12     Subd. 4.  [NOTICE OF FINE; APPEAL RECONSIDERATION OF FINE.] 
 18.13  A license holder who is ordered to pay a fine must be notified 
 18.14  of the order by certified mail.  The notice must be mailed to 
 18.15  the address shown on the application or the last known address 
 18.16  of the license holder.  The notice must state the reasons the 
 18.17  fine was ordered and must inform the license holder of the 
 18.18  responsibility for payment of fines in subdivision 7 and the 
 18.19  right to a contested case hearing under chapter 14 request 
 18.20  reconsideration of the fine.  The license holder may appeal 
 18.21  request reconsideration of the order to forfeit a fine by 
 18.22  notifying the commissioner by certified mail within 15 20 
 18.23  calendar days after receiving the order.  A timely appeal 
 18.24  request for reconsideration shall stay forfeiture of the fine 
 18.25  until the commissioner issues a final order under section 
 18.26  245A.08, subdivision 5 decision on the request for 
 18.27  reconsideration.  The request for reconsideration must be in 
 18.28  writing and: 
 18.29     (1) specify the parts of the violation that are alleged to 
 18.30  be in error; 
 18.31     (2) explain why they are in error; and 
 18.32     (3) include documentation to support the allegation of 
 18.33  error. 
 18.34     The commissioner's disposition of a request for 
 18.35  reconsideration is final and not subject to appeal under chapter 
 18.36  14. 
 19.1      Subd. 5.  [FORFEITURE OF FINES.] The license holder shall 
 19.2   pay the fines assessed on or before the payment date specified 
 19.3   in the commissioner's order.  If the license holder fails to 
 19.4   fully comply with the order, the commissioner shall issue a 
 19.5   second fine or suspend the license until the license holder 
 19.6   complies.  If the license holder receives state funds, the 
 19.7   state, county, or municipal agencies or departments responsible 
 19.8   for administering the funds shall withhold payments and recover 
 19.9   any payments made while the license is suspended for failure to 
 19.10  pay a fine.  
 19.11     Subd. 5a.  [ACCRUAL OF FINES.] A license holder shall 
 19.12  promptly notify the commissioner of human services, in writing, 
 19.13  when a violation specified in an order to forfeit is corrected.  
 19.14  A fine assessed for a violation shall stop accruing when the 
 19.15  commissioner receives the written notice.  The commissioner 
 19.16  shall reinspect the program within three working days after 
 19.17  receiving the notice.  If upon reinspection the commissioner 
 19.18  determines that a violation has not been corrected as indicated 
 19.19  by the order to forfeit, accrual of the daily fine resumes on 
 19.20  the date of reinspection and the amount of fines that otherwise 
 19.21  would have accrued between the date the commissioner received 
 19.22  the notice and date of the reinspection is added to the total 
 19.23  assessment due from the license holder the commissioner may 
 19.24  issue a second fine.  The commissioner shall notify the license 
 19.25  holder by certified mail that accrual of the a second fine has 
 19.26  resumed been assessed.  The license holder may challenge the 
 19.27  resumption in a contested case under chapter 14 by written 
 19.28  request within 15 days after receipt of the notice of resumption.
 19.29  Recovery of the resumed fine must be stayed if a controlling 
 19.30  individual or a legal representative on behalf of the license 
 19.31  holder makes a written request for a hearing.  The request for 
 19.32  hearing, however, may not stay accrual of the daily fine for 
 19.33  violations that have not been corrected.  The cost of 
 19.34  reinspection conducted under this subdivision for uncorrected 
 19.35  violations must be added to the total amount of accrued fines 
 19.36  due from the license holder request reconsideration of the 
 20.1   second fine under the provisions of subdivision 4. 
 20.2      Subd. 6.  [AMOUNT OF FINES.] Until the commissioner adopts 
 20.3   one or more schedules of fines, Fines shall be assessed as 
 20.4   follows: 
 20.5      (1) the license holder shall forfeit $1,000 $500 for each 
 20.6   occurrence of violation of law or rule prohibiting the 
 20.7   maltreatment of children or the abuse, neglect, or exploitation 
 20.8   maltreatment of vulnerable adults, including but not limited to 
 20.9   corporal punishment, illegal or unauthorized use of physical, 
 20.10  mechanical, or chemical restraints, and illegal or unauthorized 
 20.11  use of aversive or deprivation procedures; 
 20.12     (2) the license holder shall forfeit $200 $100 for each 
 20.13  occurrence of a violation of law or rule governing matters of 
 20.14  health, safety, or supervision, including but not limited to the 
 20.15  provision of adequate staff to child or adult ratios, except 
 20.16  that the holder of a family or group family day care license 
 20.17  shall forfeit $100 for a violation under this clause; and 
 20.18     (3) the license holder shall forfeit $100 $50 for each 
 20.19  occurrence of a violation of law or rule other than those 
 20.20  included in clauses (1) and (2), except that the holder of a 
 20.21  family or group family day care license shall forfeit $50 for a 
 20.22  violation under this clause. 
 20.23     For the purposes of this section, "occurrence" means each 
 20.24  calendar day or part of a day that a violation continues to 
 20.25  exist after the date set for correction identified in the 
 20.26  commissioner's correction forfeiture order. 
 20.27     Subd. 7.  [RESPONSIBILITY FOR PAYMENT OF FINES.] When a 
 20.28  fine has been assessed, the license holder may not avoid payment 
 20.29  by closing, selling, or otherwise transferring the licensed 
 20.30  program to a third party.  In such an event, the license holder 
 20.31  will be personally liable for payment.  In the case of a 
 20.32  corporation, each controlling individual is personally and 
 20.33  jointly liable for payment. 
 20.34     Fines for child care centers shall be assessed according to 
 20.35  this section. 
 20.36     Sec. 11.  Minnesota Statutes 1994, section 245A.07, 
 21.1   subdivision 1, is amended to read: 
 21.2      Subdivision 1.  [SANCTIONS AVAILABLE.] In addition to 
 21.3   ordering forfeiture of fines, the commissioner may propose to 
 21.4   suspend, revoke, or make probationary provisional the license or 
 21.5   secure an injunction against the continuing operation of the 
 21.6   program of a license holder who does not comply with applicable 
 21.7   law or rule.  When applying sanctions authorized under this 
 21.8   section, the commissioner shall consider the nature, chronicity, 
 21.9   or severity of the violation of law or rule and the effect of 
 21.10  the violation on the health, safety, or rights of persons served 
 21.11  by the program. 
 21.12     Sec. 12.  Minnesota Statutes 1995 Supplement, section 
 21.13  245A.07, subdivision 3, is amended to read: 
 21.14     Subd. 3.  [SUSPENSION, REVOCATION, PROBATION PROVISIONAL 
 21.15  LICENSE.] The commissioner may suspend, revoke, or make 
 21.16  probationary provisional, or deny a license if an applicant or a 
 21.17  license holder fails to comply fully with applicable laws or 
 21.18  rules, or knowingly withholds relevant information from or gives 
 21.19  false or misleading information to the commissioner in 
 21.20  connection with an application for a license or during an 
 21.21  investigation.  A license holder who has had a license 
 21.22  suspended, revoked, or made probationary provisional must be 
 21.23  given notice of the action by certified mail.  The notice must 
 21.24  be mailed to the address shown on the application or the last 
 21.25  known address of the license holder.  The notice must state the 
 21.26  reasons the license was suspended, revoked, or made probationary 
 21.27  provisional. 
 21.28     (a) If the license was suspended or revoked, the notice 
 21.29  must inform the license holder of the right to a contested case 
 21.30  hearing under chapter 14.  The license holder may appeal an 
 21.31  order suspending or revoking a license.  The appeal of an order 
 21.32  suspending or revoking a license must be made in writing by 
 21.33  certified mail and must be received by the commissioner within 
 21.34  ten calendar days after the license holder receives notice that 
 21.35  the license has been suspended or revoked.  
 21.36     (b) If the license was made probationary provisional, the 
 22.1   notice must inform the license holder of the right to request a 
 22.2   reconsideration by the commissioner.  The request for 
 22.3   reconsideration must be made in writing by certified mail and 
 22.4   must be received by the commissioner within ten calendar days 
 22.5   after the license holder receives notice that the license has 
 22.6   been made probationary provisional.  The license holder may 
 22.7   submit with the request for reconsideration written argument or 
 22.8   evidence in support of the request for reconsideration.  The 
 22.9   commissioner's disposition of a request for reconsideration is 
 22.10  final and is not subject to appeal under chapter 14.  
 22.11     Sec. 13.  Minnesota Statutes 1994, section 245A.08, 
 22.12  subdivision 1, is amended to read: 
 22.13     Subdivision 1.  [RECEIPT OF APPEAL; CONDUCT OF HEARING.] 
 22.14  Upon receiving a timely appeal or petition pursuant to 
 22.15  sections section 245A.05 to or 245A.07, the commissioner shall 
 22.16  issue a notice of and order for hearing to the appellant under 
 22.17  chapter 14. 
 22.18     Sec. 14.  Minnesota Statutes 1994, section 245A.08, 
 22.19  subdivision 2, is amended to read: 
 22.20     Subd. 2.  [CONDUCT OF HEARINGS.] At any hearing provided 
 22.21  for by sections section 245A.05 to or 245A.07, the appellant may 
 22.22  be represented by counsel and has the right to call, examine, 
 22.23  and cross-examine witnesses.  The administrative law judge may 
 22.24  require the presence of witnesses and evidence by subpoena on 
 22.25  behalf of any party.  
 22.26     Sec. 15.  Minnesota Statutes 1995 Supplement, section 
 22.27  245A.09, subdivision 7, is amended to read: 
 22.28     Subd. 7.  [REGULATORY METHODS.] (a) Where appropriate and 
 22.29  feasible the commissioner shall identify and implement 
 22.30  alternative methods of regulation and enforcement to the extent 
 22.31  authorized in this subdivision.  These methods shall include: 
 22.32     (1) expansion of the types and categories of licenses that 
 22.33  may be granted; 
 22.34     (2) when the standards of another state or federal 
 22.35  governmental agency or an independent accreditation body have 
 22.36  been shown to predict compliance with the rules, the 
 23.1   commissioner shall consider compliance with the governmental or 
 23.2   accreditation standards to be equivalent to partial compliance 
 23.3   with the rules; and 
 23.4      (3) use of an abbreviated inspection that employs key 
 23.5   standards that have been shown to predict full compliance with 
 23.6   the rules. 
 23.7      For programs and services for people with developmental 
 23.8   disabilities, the commissioner of human services shall develop 
 23.9   demonstration projects to use the standards of the commission on 
 23.10  accreditation of rehabilitation facilities and the standards of 
 23.11  the accreditation council on services to persons with 
 23.12  disabilities during the period of July 1, 1993 to December 31, 
 23.13  1994, and incorporate the alternative use of these standards and 
 23.14  methods in licensing rules where appropriate.  If the 
 23.15  commissioner determines that the methods in clause (2) or (3) 
 23.16  can be used in licensing a program, the commissioner may reduce 
 23.17  any fee set under section 245A.10 by up to 50 percent.  The 
 23.18  commissioner shall present a plan by January 31, 1995, to accept 
 23.19  accreditation by either the accreditation council on services to 
 23.20  people with disabilities or the commission on the accreditation 
 23.21  of rehabilitation services as evidence of being in compliance 
 23.22  where applicable with state licensing. 
 23.23     (b) The commissioner shall work with the commissioners of 
 23.24  health, public safety, administration, and children, families, 
 23.25  and learning in consolidating duplicative licensing and 
 23.26  certification rules and standards if the commissioner determines 
 23.27  that consolidation is administratively feasible, would 
 23.28  significantly reduce the cost of licensing, and would not reduce 
 23.29  the protection given to persons receiving services in licensed 
 23.30  programs.  Where administratively feasible and appropriate, the 
 23.31  commissioner shall work with the commissioners of health, public 
 23.32  safety, administration, and children, families, and learning in 
 23.33  conducting joint agency inspections of programs. 
 23.34     (c) The commissioner shall work with the commissioners of 
 23.35  health, public safety, administration, and children, families, 
 23.36  and learning in establishing a single point of application for 
 24.1   applicants who are required to obtain concurrent licensure from 
 24.2   more than one of the commissioners listed in this clause. 
 24.3      (d) The commissioner may specify in rule periods of 
 24.4   licensure up to two years. 
 24.5      Sec. 16.  Minnesota Statutes 1995 Supplement, section 
 24.6   245A.11, subdivision 2, is amended to read: 
 24.7      Subd. 2.  [PERMITTED SINGLE-FAMILY RESIDENTIAL USE.] 
 24.8   Residential programs with a licensed capacity of six or fewer 
 24.9   persons shall be considered a permitted single-family 
 24.10  residential use of property for the purposes of zoning and other 
 24.11  land use regulations, except that a residential program whose 
 24.12  primary purpose is to treat juveniles who have violated criminal 
 24.13  statutes relating to sex offenses or have been adjudicated 
 24.14  delinquent on the basis of conduct in violation of criminal 
 24.15  statutes relating to sex offenses shall not be considered a 
 24.16  permitted use.  This exception shall not apply to residential 
 24.17  programs licensed before July 1, 1995.  Programs otherwise 
 24.18  allowed under this subdivision shall not be prohibited by 
 24.19  operation of restrictive covenants or similar restrictions, 
 24.20  regardless of when entered into, which cannot be met because of 
 24.21  the nature of the licensed program, including provisions which 
 24.22  require the home's occupants be related, and that the home must 
 24.23  be occupied by the owner, or similar provisions. 
 24.24     Sec. 17.  Minnesota Statutes 1994, section 245A.16, 
 24.25  subdivision 2, is amended to read: 
 24.26     Subd. 2.  [INVESTIGATIONS.] (a) The county or private 
 24.27  agency shall conduct timely investigations of allegations of 
 24.28  abuse or neglect maltreatment of children or adults in programs 
 24.29  for which the county or private agency is the commissioner's 
 24.30  designated representative and record a disposition of each 
 24.31  complaint in accordance with applicable law or rule.  The county 
 24.32  or private agency shall conduct similar investigations of 
 24.33  allegations of violations of rules governing licensure of the 
 24.34  program. 
 24.35     (b) If an investigation conducted under clause (a) results 
 24.36  in evidence that the commissioner should deny an application or 
 25.1   suspend, revoke, or make probationary provisional a license, the 
 25.2   county or private agency shall make that recommendation to the 
 25.3   commissioner within ten working days. 
 25.4      Sec. 18.  [INSPECTION DEMONSTRATION PROJECT.] 
 25.5      For programs and services licensed under Minnesota Rules, 
 25.6   parts 9503.0005 to 9503.0170, 9520.0750 to 9520.0870, or 
 25.7   9525.2000 to 9525.2140, the commissioner shall develop 
 25.8   demonstration projects for an abbreviated inspection employing 
 25.9   key standards during the period of July 1, 1996, to June 30, 
 25.10  1998.  A key standards inspection shall be implemented in such a 
 25.11  manner as to provide for a full or partial inspection, based on 
 25.12  the applicable rule, in programs that do not pass a key 
 25.13  standards inspection.  A key standards inspection shall not be 
 25.14  used for the initial licensing review when there is at least one 
 25.15  substantiated maltreatment report or at least three 
 25.16  substantiated licensing complaint reports within the current 
 25.17  licensing period.  For purposes of the demonstration projects, 
 25.18  the key standards inspection shall be accepted as evidence of 
 25.19  compliance with these rules.  The commissioner shall report to 
 25.20  the legislature by January 31, 1999, with recommendations for 
 25.21  implementation of key licensing standards.  
 25.22     Sec. 19.  [DEMONSTRATION PROJECT FOR PEOPLE WITH 
 25.23  DEVELOPMENTAL DISABILITIES.] 
 25.24     This demonstration project was initially passed in the 1993 
 25.25  legislative session and amended in the 1996 legislative session 
 25.26  to extend the life of the demonstration project from 1994 to 
 25.27  1997, and move the language from Minnesota Statutes, section 
 25.28  245A.09, subdivision 7, to an uncodified section of law. 
 25.29     For programs and services for people with developmental 
 25.30  disabilities, the commissioner of human services shall develop 
 25.31  demonstration projects to use the standards of the commission on 
 25.32  accreditation of rehabilitation facilities and the standards of 
 25.33  the accreditation council on services to persons with 
 25.34  disabilities during the period of July 1, 1993, to December 31, 
 25.35  1997, and incorporate the alternative use of these standards and 
 25.36  methods in licensing rules where appropriate.  If the 
 26.1   commissioner determines that the methods in Minnesota Statutes, 
 26.2   section 245A.09, subdivision 7, paragraph (a), clause (2) or 
 26.3   (3), can be used in licensing a program, the commissioner may 
 26.4   reduce any fee set under Minnesota Statutes, section 245A.10, by 
 26.5   up to 50 percent.  The commissioner shall present a plan by 
 26.6   January 31, 1998, to accept accreditation by either the 
 26.7   accreditation council on services to people with disabilities or 
 26.8   the commission on the accreditation of rehabilitation services 
 26.9   as evidence of being in compliance where applicable with state 
 26.10  licensing. 
 26.11     Sec. 20.  [UNCODIFIED LANGUAGE CHANGES AND RULE CHANGES.] 
 26.12     The commissioner shall amend Minnesota Rules, part 
 26.13  9543.3070, subpart 1, to include the following offenses to 
 26.14  disqualify a person applying for a license for a program serving 
 26.15  children or adults: 
 26.16     An individual must be disqualified if it has been 
 26.17  determined that the individual failed to make required reports 
 26.18  under Minnesota Statutes, section 626.556, subdivision 3, or 
 26.19  626.557, subdivision 3, for incidents in which:  (1) the final 
 26.20  disposition under Minnesota Statutes, section 626.556 or 
 26.21  626.557, was substantiated maltreatment; and (2) the 
 26.22  maltreatment was recurring or serious as defined in Minnesota 
 26.23  Rules, part 9543.3020, subpart 10.  
 26.24     The commissioner shall amend Minnesota Rules, part 
 26.25  9543.3070, subpart 1, to include the following offenses to 
 26.26  disqualify a person applying for a license for a program serving 
 26.27  children or adults: 
 26.28     An individual must be disqualified if the individual has 
 26.29  been convicted for any of the following reasons:  (1) criminal 
 26.30  abuse of a vulnerable adult under Minnesota Statutes, section 
 26.31  609.2325; (2) criminal neglect of a vulnerable adult under 
 26.32  Minnesota Statutes, section 609.233; (3) financial exploitation 
 26.33  of a vulnerable adult under Minnesota Statutes, section 
 26.34  609.2335; (4) failure to report under Minnesota Statutes, 
 26.35  section 609.234; or (5) stalking under Minnesota Statutes, 
 26.36  section 609.749. 
 27.1      Sec. 21.  [REVIEW BOARDS.] 
 27.2      The ombudsman for mental health and mental retardation 
 27.3   shall develop recommendations for an alternative to the existing 
 27.4   review boards authorized by Minnesota Statutes, section 
 27.5   253B.22.  The recommendations shall be submitted to the 
 27.6   legislature by January 15, 1997, for implementation January 1, 
 27.7   1998. 
 27.8      The alternative shall include strategies for broadening the 
 27.9   review system to include citizens served in communities and for 
 27.10  using volunteers in a cost-effective manner.  The ombudsman 
 27.11  shall involve interested persons and agencies in developing the 
 27.12  alternative strategies. 
 27.13     Sec. 22.  [RECOMMENDATIONS.] 
 27.14     The commissioner of children, families, and learning and 
 27.15  the Minnesota early childhood care and education council, in 
 27.16  conjunction with the institute of early childhood professional 
 27.17  development, shall make recommendations as follows: 
 27.18     (1) recommendations that will result in the separation of 
 27.19  the licensing procedures for child care providers (including 
 27.20  child care center teachers, assistance teachers, aides, 
 27.21  substitutes, family day care providers, and group family day 
 27.22  care providers) from the licensing procedures for the physical 
 27.23  plant of child care centers and family day care homes; 
 27.24     (2) recommendations for the most appropriate entity within 
 27.25  or associated with the department of children, families, and 
 27.26  learning in which to house the function of licensing child care 
 27.27  providers; 
 27.28     (3) recommendations for standards for the licensure of 
 27.29  child care providers, which must be appropriate to each type of 
 27.30  provider, and which must incorporate the core competencies 
 27.31  matrix as developed by the institute of early childhood 
 27.32  professional development. 
 27.33     The commissioner must make recommendations to the 
 27.34  legislature by February 15, 1997.  
 27.35     Sec. 23.  [REPEALER.] 
 27.36     Minnesota Rules, parts 9503.0170, subpart 7; 9555.8000; 
 28.1   9555.8100; 9555.8200; 9555.8300; 9555.8400; and 9555.8500, are 
 28.2   repealed. 
 28.3      Sec. 24.  [EFFECTIVE DATE.] 
 28.4      Sections 19 and 20 are effective the day following final 
 28.5   enactment.