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Minnesota Legislature

Office of the Revisor of Statutes

HF 2467

as introduced - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:39pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; modifying requirements for human services
background studies; amending Minnesota Statutes 2012, sections 245C.03, by
adding a subdivision; 245C.05, subdivisions 1, 2c, 5; 245C.32, by adding a
subdivision; Minnesota Statutes 2013 Supplement, section 245C.08, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 245C.

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

Section 1.

Minnesota Statutes 2012, section 245C.03, is amended by adding a
subdivision to read:


new text begin Subd. 8. new text end

new text begin Self-initiated background studies. new text end

new text begin Upon implementation of the enhanced
background study system, the commissioner shall conduct background studies according
to this chapter when initiated by an individual who is not currently affiliated with an entity
required to complete a background study under this chapter.
new text end

Sec. 2.

Minnesota Statutes 2012, section 245C.05, subdivision 1, is amended to read:


Subdivision 1.

Individual studied.

(a) The individual who is the subject of the
background study must provide the applicant, license holder, or other entity under section
245C.04 with sufficient information to ensure an accurate study, including:

(1) the individual's first, middle, and last name and all other names by which the
individual has been known;

(2) home address, city, and state of residence;

(3) zip code;

(4) sex;

(5) date of birth; and

(6) Minnesota driver's license number or state identification number.

(b) Every subject of a background study conducted or initiated by counties or private
agencies under this chapter must also provide the home address, city, county, and state of
residence for the past five years.

(c) Every subject of a background study related to private agency adoptions or
related to child foster care licensed through a private agency, who is 18 years of age
or older, shall also provide the commissioner a signed consent for the release of any
information received from national crime information databases to the private agency that
initiated the background study.

(d) The subject of a background study shall provide fingerprints as required in
subdivision 5, paragraph (c).new text begin This paragraph applies to background studies initiated prior
to implementation of the commissioner's enhanced background study system.
new text end

new text begin (e) Under the enhanced background study system, every subject of a background
study must provide the commissioner with a set of the background study subject's
classifiable fingerprints and photograph obtained from an authorized agency. The
fingerprints must be submitted using the commissioner's statewide fingerprint collection
system.
new text end

Sec. 3.

Minnesota Statutes 2012, section 245C.05, subdivision 2c, is amended to read:


Subd. 2c.

Privacy notice to background study subject.

(a) For every background
study, the commissioner's notice to the background study subject required under section
13.04, subdivision 2, that is provided through the commissioner's electronic NETStudy
system or through the commissioner's background study forms shall include the
information in deleted text beginparagraphdeleted text endnew text begin paragraphsnew text end (b)new text begin and (c)new text end.

(b) The background study subject shall be informed that any previous background
studies that received a set-aside will be reviewed, and without further contact with the
background study subject, the commissioner may notify the agency that initiated the
subsequent background study:

(1) that the individual has a disqualification that has been set aside for the program
or agency that initiated the study;

(2) the reason for the disqualification; and

(3) that information about the decision to set aside the disqualification will be
available to the license holder upon request without the consent of the background study
subject.

new text begin (c) The background study subject shall also be informed that:
new text end

new text begin (1) the subject's fingerprints collected for purposes of completing the background
study under this chapter shall not be retained by the Minnesota Department of Public
Safety, Bureau of Criminal Apprehension, or by the commissioner, but will be retained
by the Federal Bureau of Investigation and may be used for law enforcement-related
activities performed by that agency; and
new text end

new text begin (2) effective upon implementation of the enhanced background study system, the
subject's photographic image will be stored and made available to prospective employers
and agencies initiating background studies under this chapter to verify the identity of the
subject of the background study.
new text end

Sec. 4.

Minnesota Statutes 2012, section 245C.05, subdivision 5, is amended to read:


Subd. 5.

Fingerprints.

(a) new text beginParagraphs (a) to (c) apply to background studies
initiated before implementation of the enhanced background study system.
new text endExcept as
provided in paragraph (c), for any background study completed under this chapter, when
the commissioner has reasonable cause to believe that further pertinent information may
exist on the subject of the background study, the subject shall provide the commissioner
with a set of classifiable fingerprints obtained from an authorized agency.

(b) For purposes of requiring fingerprints, the commissioner has reasonable cause
when, but not limited to, the:

(1) information from the Bureau of Criminal Apprehension indicates that the subject
is a multistate offender;

(2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined; or

(3) commissioner has received a report from the subject or a third party indicating
that the subject has a criminal history in a jurisdiction other than Minnesota.

(c) Except as specified under section 245C.04, subdivision 1, paragraph (d), for
background studies conducted by the commissioner for child foster care or adoptions,
the subject of the background study, who is 18 years of age or older, shall provide the
commissioner with a set of classifiable fingerprints obtained from an authorized agency.

new text begin (d) For background studies initiated on or after implementation of the enhanced
background study system, every subject of a background study must provide the
commissioner with a set of the background study subject's classifiable fingerprints and
photograph obtained from an authorized agency. The fingerprints must be submitted using
the commissioner's statewide fingerprint collection system.
new text end

Sec. 5.

new text begin [245C.051] DESTRUCTION OF BACKGROUND STUDY
INFORMATION AT REQUEST OF BACKGROUND STUDY SUBJECT.
new text end

new text begin A subject of a background study who has had no affiliation with an entity required to
complete a background study under this chapter for the previous two years and no current
disqualifying characteristic may request in writing that the commissioner destroy any
information used to complete the background study. Upon receipt of a written request
from a background study subject, if the commissioner verifies the background study
subject has had no such affiliation in the previous two years and no current disqualifying
characteristic, the commissioner shall destroy the information used to complete the
subject's background study and shall keep a record of the subject's name and a notation
that the information was destroyed.
new text end

Sec. 6.

Minnesota Statutes 2013 Supplement, section 245C.08, subdivision 1, is
amended to read:


Subdivision 1.

Background studies conducted by Department of Human
Services.

(a) For a background study conducted by the Department of Human Services,
the commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in deleted text beginclausedeleted text endnew text begin clausesnew text end (6)new text begin and (7)new text end, information from the national
crime information system when the commissioner has reasonable cause as defined under
section 245C.05, subdivision 5; deleted text beginand
deleted text end

(6) for a background study related to a child foster care application for licensure or
adoptions, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) information from national crime information databases, when the background
study subject is 18 years of age or olderdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (7) for a background study required under section 245C.03, subdivision 2, and
initiated on or after implementation of the enhanced background study system, information
from national crime information databases.
new text end

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that
relates to individuals who have already been studied under this chapter and who remain
affiliated with the agency that initiated the background study.

Sec. 7.

Minnesota Statutes 2012, section 245C.32, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Enhanced background study system. new text end

new text begin The commissioner shall design,
develop, and test enhancements to the background study system, including changes to
NETStudy, and implement an enhanced background study system no later than July 1, 2015.
new text end