HF 3229

as introduced - 86th Legislature (2009 - 2010) Posted on 03/01/2010 09:10am

A bill for an act
relating to human services; requiring the state to perform family child care
background checks; amending Minnesota Statutes 2008, section 245C.05,
subdivisions 2, 2a; Minnesota Statutes 2009 Supplement, sections 245A.10,
subdivision 2; 245A.16, subdivisions 1, 3; 245C.04, subdivision 1; 245C.05,
subdivision 4; 245C.08, subdivision 4; 245C.10, subdivision 5; 245C.17,
subdivision 6; 245C.21, subdivision 1a; 245C.23, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 299C; repealing Minnesota
Statutes 2008, section 245C.11, subdivision 4; Minnesota Statutes 2009
Supplement, section 245C.08, subdivision 2.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 245A.10, subdivision 2,
is amended to read:

Subd. 2.

County deleted text begin fees for background studies and deleted text end new text begin fee for new text end licensing inspections.

(a) For purposes of family and group family child care licensing under this chapter, a
deleted text begin county agency may charge a fee to an applicant or license holder to recover the actual
cost of background studies, but in any case not to exceed $100 annually. A deleted text end county agency
may deleted text begin also deleted text end charge a license fee to an applicant or license holder not to exceed $50 for a
one-year license or $100 for a two-year license.

(b) A county agency may charge a fee to a legal nonlicensed child care provider or
applicant for authorization to recover the actual cost of background studies completed
under section 119B.125, but in any case not to exceed $100 annually.

(c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area;

(3) for new providers; or

(4) for providers who have attained at least 16 hours of training before seeking
initial licensure.

(d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on
an installment basis for up to one year. If the provider is receiving child care assistance
payments from the state, the provider may have the fees under paragraph (a) or (b)
deducted from the child care assistance payments for up to one year and the state shall
reimburse the county for the county fees collected in this manner.

(e) For purposes of adult foster care and child foster care licensing under this
chapter, a county agency may charge a fee to a corporate applicant or corporate license
holder to recover the actual cost of licensing inspections, not to exceed $500 annually.

(f) Counties may elect to reduce or waive the fees in paragraph (e) under the
following circumstances:

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area; or

(3) for new providers.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 245A.16, subdivision 1, is
amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and
private agencies that have been designated or licensed by the commissioner to perform
licensing functions and activities under section 245A.04 deleted text begin and background studies for family
child care under chapter 245C deleted text end ; to recommend denial of applicants under section 245A.05;
to issue correction orders, to issue variances, and recommend a conditional license under
section 245A.06, or to recommend suspending or revoking a license or issuing a fine under
section 245A.07, shall comply with rules and directives of the commissioner governing
those functions and with this section. The following variances are excluded from the
delegation of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child
and adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that county agencies may
issue variances under section 245C.30 regarding disqualified individuals when the county
is responsible for conducting a consolidated reconsideration according to sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
and a disqualification based on serious or recurring maltreatment; and

(6) the required presence of a caregiver in the adult foster care residence during
normal sleeping hours.

Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency
must not grant a license holder a variance to exceed the maximum allowable family child
care license capacity of 14 children.

(b) County agencies must report information about disqualification reconsiderations
under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances
granted under paragraph (a), clause (5), to the commissioner at least monthly in a format
prescribed by the commissioner.

(c) For family deleted text begin day deleted text end new text begin child new text end care programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.

(d) For family adult day services programs, the commissioner may authorize
licensing reviews every two years after a licensee has had at least one annual review.

(e) A license issued under this section may be issued for up to two years.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 245A.16, subdivision 3, is
amended to read:

Subd. 3.

Recommendations to commissioner.

The county or private agency
shall not make recommendations to the commissioner regarding licensure without first
conducting an inspection deleted text begin , and for family child care, a background study of the applicant
under chapter 245C deleted text end . The county or private agency must forward its recommendation to
the commissioner regarding the appropriate licensing action within 20 working days of
receipt of a completed application.

Sec. 4.

Minnesota Statutes 2009 Supplement, section 245C.04, subdivision 1, is
amended to read:

Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1, at least upon application for initial license for all license types.

(b) deleted text begin The commissioner shall conduct a background study of an individual required
to be studied under section 245C.03, subdivision 1, at reapplication for a license for
family child care.
deleted text end

deleted text begin (c) deleted text end The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services for an adult foster care license holder that is also:

(1) registered under chapter 144D; or

(2) licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside in the foster
care residence; and

(3) the following conditions are met:

(i) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(ii) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(iii) the last study of the individual was conducted on or after October 1, 1995.

deleted text begin (d) deleted text end new text begin (c) new text end From July 1, 2007, to June 30, 2009, the commissioner of human services
shall conduct a study of an individual required to be studied under section 245C.03, at
the time of reapplication for a child foster care license. The county or private agency
shall collect and forward to the commissioner the information required under section
245C.05, subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The
background study conducted by the commissioner of human services under this paragraph
must include a review of the information required under section 245C.08, subdivisions 1,
paragraph (a), clauses (1) to (5), 3, and 4.

deleted text begin (e) deleted text end new text begin (d) new text end The commissioner of human services shall conduct a background study
of an individual specified under section 245C.03, subdivision 1, paragraph (a), clauses
(2) to (6), who is newly affiliated with a child foster care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. The background study conducted by the
commissioner of human services under this paragraph must include a review of the
information required under section 245C.08, subdivisions 1, 3, and 4.

deleted text begin (f) deleted text end new text begin (e) new text end From January 1, 2010, to December 31, 2012, unless otherwise specified
in paragraph (c), the commissioner shall conduct a study of an individual required to
be studied under section 245C.03 at the time of reapplication for an adult foster care
or family adult day services license: (1) the county shall collect and forward to the
commissioner the information required under section 245C.05, subdivision 1, paragraphs
(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
by the commissioner for all family adult day services and for adult foster care when
the adult foster care license holder resides in the adult foster care or family adult day
services residence; (2) the license holder shall collect and forward to the commissioner
the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b);
and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
adult foster care when the license holder does not reside in the adult foster care residence;
and (3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1,
paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.

deleted text begin (g) deleted text end new text begin (f) new text end The commissioner shall conduct a background study of an individual
specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is
newly affiliated with an adult foster care or family adult day services license holder: (1)
the county shall collect and forward to the commissioner the information required under
section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a)
and (b), for background studies conducted by the commissioner for all family adult day
services and for adult foster care when the adult foster care license holder resides in
the adult foster care residence; (2) the license holder shall collect and forward to the
commissioner the information required under section 245C.05, subdivisions 1, paragraphs
(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
commissioner for adult foster care when the license holder does not reside in the adult
foster care residence; and (3) the background study conducted by the commissioner under
this paragraph must include a review of the information required under section 245C.08,
subdivision 1, paragraph (a), and subdivisions 3 and 4.

new text begin (g) From January 1, 2011, to December 31, 2013, the commissioner of human
services shall conduct a study of an individual required to be studied under section
245C.03 at the time of reapplication for a family child care license. The license holder
shall collect the information required under section 245C.05, subdivision 1, and forward
the information to the county agency using the commissioner's online system. The county
agency shall verify the information and forward the information to the commissioner using
the commissioner's online system. The background study conducted by the commissioner
of human services under this paragraph must include a review of the information required
under section 245C.08, subdivisions 1, paragraph (a), clauses (1) to (5); 3; and 4.
new text end

new text begin (h) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to
(6), who is newly affiliated with a family child care license holder. The license holder
shall collect the information required under section 245C.05, subdivision 1, and forward
the information to the county agency using the commissioner's online system. The
county agency shall verify the information and forward it to the commissioner using the
commissioner's online system. The background study conducted by the commissioner
under this paragraph must include a review of the information required under section
245C.08, subdivisions 1, paragraph (a), clauses (1) to (5); 3; and 4.
new text end

deleted text begin (h) deleted text end new text begin (i) new text end Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study forms to the commissioner before
individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
contact in any licensed program.

deleted text begin (i) deleted text end new text begin (j) new text end A license holder must provide the commissioner notice through the
commissioner's online background study system or through a letter mailed to the
commissioner when:

(1) an individual returns to a position requiring a background study following an
absence of 45 or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for 45 or
more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to the
commissioner under this paragraph in the program's files.

deleted text begin (j) deleted text end new text begin (k) new text end For purposes of this section, a physician licensed under chapter 147 is
considered to be continuously affiliated upon the license holder's receipt from the
commissioner of health or human services of the physician's background study results.

Sec. 5.

Minnesota Statutes 2008, section 245C.05, subdivision 2, is amended to read:

Subd. 2.

Applicant, license holder, or other entity.

new text begin (a) new text end The applicant, license
holder, or other entities as provided in this chapter shall provide the information collected
under subdivision 1 about an individual who is the subject of the background study on
forms or in a format prescribed by the commissioner.

new text begin (b) For background studies related to family child care, the applicant or license
holder shall collect the information under subdivision 1 and forward it to the county
agency using the commissioner's online system.
new text end

Sec. 6.

Minnesota Statutes 2008, section 245C.05, subdivision 2a, is amended to read:

Subd. 2a.

County or private agency.

new text begin (a) new text end For background studies related to child
foster care, county and private agencies must collect the information under subdivision 1
and forward it to the commissioner.

new text begin (b) For background studies related to family child care, the county agency shall
verify the information received from the applicant or license holder under subdivision 1
and forward it to the commissioner using the commissioner's online system.
new text end

Sec. 7.

Minnesota Statutes 2009 Supplement, section 245C.05, subdivision 4, is
amended to read:

Subd. 4.

Electronic transmission.

For background studies conducted by the
Department of Human Services, the commissioner shall implement a system for the
electronic transmission of:

(1) background study information to the commissioner;

(2) background study results to the license holder;

(3) background study results to county and private agencies for background studies
conducted by the commissioner for child foster care; deleted text begin and
deleted text end

(4) background study results to county agencies for background studies conducted
by the commissioner for adult foster care and family adult day services new text begin ; and
new text end

new text begin (5) background study results to county agencies for background studies conducted
by the commissioner for family child care new text end .

Sec. 8.

Minnesota Statutes 2009 Supplement, section 245C.08, subdivision 4, is
amended to read:

Subd. 4.

Juvenile court records.

(a) For a background study conducted by the
Department of Human Services, the commissioner shall review records from the juvenile
courts for an individual studied under section 245C.03, subdivision 1, paragraph (a), when
the commissioner has reasonable cause.

(b) deleted text begin For a background study conducted by a county agency, the commissioner
shall review records from the juvenile courts for individuals listed in section 245C.03,
subdivision 1, who are ages 13 through 23 living in the household where the licensed
services will be provided. The commissioner shall also review records from juvenile
courts for any other individual listed under section 245C.03, subdivision 1, when the
commissioner has reasonable cause.
deleted text end

deleted text begin (c) deleted text end The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records relating to delinquency proceedings held on individuals described in
section 245C.03, subdivision 1, paragraph (a), when requested pursuant to this subdivision.

deleted text begin (d) deleted text end new text begin (c) new text end For purposes of this chapter, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state district court.

deleted text begin (e) deleted text end new text begin (d) new text end Juvenile courts shall provide orders of involuntary and voluntary termination
of parental rights under section 260C.301 to the commissioner upon request for purposes
of conducting a background study under this chapter.

Sec. 9.

Minnesota Statutes 2009 Supplement, section 245C.10, subdivision 5, is
amended to read:

Subd. 5.

Adult foster care and family adult day services.

The commissioner shall
recover the cost of background studies required under section 245C.03, subdivision 1,
for the purposes of adult foster care deleted text begin and deleted text end new text begin , new text end family adult day services new text begin , and family child care new text end
licensing, through a fee of no more than $20 per study charged to the license holder.
The fees collected under this subdivision are appropriated to the commissioner for the
purpose of conducting background studies.

Sec. 10.

Minnesota Statutes 2009 Supplement, section 245C.17, subdivision 6, is
amended to read:

Subd. 6.

Notice to county agency.

For studies on individuals related to a license
to provide adult foster care deleted text begin and deleted text end new text begin , new text end family adult day services, new text begin and family child care, new text end the
commissioner shall also provide a notice of the background study results to the county
agency that initiated the background study.

Sec. 11.

Minnesota Statutes 2009 Supplement, section 245C.21, subdivision 1a,
is amended to read:

Subd. 1a.

Submission of reconsideration request.

(a) deleted text begin For disqualifications related
to studies conducted by county agencies for family child care, and deleted text end For disqualifications
related to studies conducted by the commissioner for child foster care, new text begin family child care,
new text end adult foster care, and family adult day services, the individual shall submit the request for
reconsideration to the county agency that initiated the background study.

(b) For disqualifications related to studies conducted by the commissioner for child
foster care providers monitored by private licensing agencies under section 245A.16, the
individual shall submit the request for reconsideration to the private agency that initiated
the background study.

(c) A reconsideration request shall be submitted within 30 days of the individual's
receipt of the disqualification notice or the time frames specified in subdivision 2,
whichever time frame is shorter.

(d) The county or private agency shall forward the individual's request for
reconsideration and provide the commissioner with a recommendation whether to set aside
the individual's disqualification.

Sec. 12.

Minnesota Statutes 2009 Supplement, section 245C.23, subdivision 2, is
amended to read:

Subd. 2.

Commissioner's notice of disqualification that is not set aside.

(a) The
commissioner shall notify the license holder of the disqualification and order the license
holder to immediately remove the individual from any position allowing direct contact
with persons receiving services from the license holder if:

(1) the individual studied does not submit a timely request for reconsideration
under section 245C.21;

(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section 245C.22;

(3) an individual who has a right to request a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14 for a disqualification that has not been set aside, does
not request a hearing within the specified time; or

(4) an individual submitted a timely request for a hearing under sections 245C.27
and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.

(b) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous, direct supervision when providing direct
contact services, the order remains in effect pending the outcome of a hearing under
sections 245C.27 and 256.045, or 245C.28 and chapter 14.

(c) For background studies related to child foster care, the commissioner shall
also notify the county or private agency that initiated the study of the results of the
reconsideration.

(d) For background studies related to adult foster care deleted text begin and deleted text end new text begin , new text end family adult day services, new text begin
and family child care, new text end the commissioner shall also notify the county that initiated the
study of the results of the reconsideration.

Sec. 13.

new text begin [299C.691] INFORMATION AVAILABLE TO DEPARTMENT OF
HUMAN SERVICES; RAP BACK SYSTEM.
new text end

new text begin (a) On or before January 1, 2011, the commissioner of public safety shall develop
and make available to the commissioner of human services a rap back system related to
background studies completed under chapter 245C.
new text end

new text begin (b) For the purpose of this section, a "rap back system" means that the Department
of Public Safety must:
new text end

new text begin (1) maintain a record of the state identification numbers for which the Bureau of
Criminal Apprehension has provided criminal history information to the Department
of Human Services;
new text end

new text begin (2) maintain a record of the first, middle, and last name and date of birth for
individuals who had no state identification number when the Department of Human
Services requested information; and
new text end

new text begin (3) when new criminal history information is added to a record of criminal history
provider under clause (1), or a new record is created for an individual with a similar name
and date of birth as an individual under clause (2), the Bureau of Criminal Apprehension
shall notify the commissioner of human services that the action in clause (1) or (2) has
occurred, and identify the individual.
new text end

new text begin (c) Upon receipt of the notification in paragraph (b), clause (3), the commissioner
of human services shall determine whether to initiate a new request for criminal
history information to the Bureau of Criminal Apprehension under chapter 245C for
the individual.
new text end

new text begin (d) The commissioner of human services shall report back to the legislature one year
after the implementation of the rap back system with a recommendation to maintain,
modify, or repeal the reporting duty under section 245C.05, subdivision 7.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2008, section 245C.11, subdivision 4, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2009 Supplement, section 245C.08, subdivision 2, new text end new text begin is repealed.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 14 are effective January 1, 2011.
new text end