HF 2807

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; providing an exception for notification of a variance
or set-aside; amending Minnesota Statutes 2005 Supplement, sections 245C.22,
subdivision 7; 245C.301.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 245C.22, subdivision 7, is
amended to read:

Subd. 7.

Classification of certain data.

(a) Notwithstanding section 13.46, upon
setting aside a disqualification under this section, the identity of the disqualified individual
who received the set new text begin - new text end aside and the individual's disqualifying characteristics are public
data if the set new text begin - new text end aside was:

(1) for any disqualifying characteristic under section 245C.15, when the set new text begin - new text end aside
relates to a child care center or a family child care provider licensed under chapter 245A; or

(2) for a disqualifying characteristic under section 245C.15, subdivision 2.

(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:

(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or

(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2.

(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:

(1) a disqualification is not set aside and no variance is granted;

(2) the data are not public under paragraph (a) or (b);

(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect; or

(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision 27.

(d) Licensed family deleted text begin day deleted text end new text begin child new text end care providers and child care centers must deleted text begin notify
parents considering enrollment of a child or parents of a child attending the family day
care or child care center if the program employs or has living in the home any individual
who is the subject of either a set aside or variance deleted text end new text begin provide notices as required under
section 245C.301 new text end .

new text begin (e) Notwithstanding paragraphs (a) and (b), the identity of household members who
are the subject of a disqualification related set-aside or variance is not public data if:
new text end

new text begin (1) the household member resides in the residence where the family child care is
provided;
new text end

new text begin (2) the subject of the set-aside or variance is under the age of 18 years; and
new text end

new text begin (3) the set-aside or variance only relate to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 245C.301, is amended to read:

245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.

deleted text begin Licensed deleted text end new text begin (a) Except as provided under paragraph (b), new text end family child care providers and
child care centers must provide a written notification to parents considering enrollment
of a child or parents of a child attending the family child care or child care center if the
program employs or has living in the home any individual who is the subject of either a
set-aside or variance.

new text begin (b) Notwithstanding paragraph (a), family child care license holders are not required
to disclose that the program has an individual living in the home who is the subject of a
set-aside or variance if:
new text end

new text begin (1) the household member resides in the residence where the family child care is
provided;
new text end

new text begin (2) the subject of the set-aside or variance is under the age of 18 years; and
new text end

new text begin (3) the set-aside or variance relate to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.
new text end