HF 3239

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/17/2010 12:46pm

A bill for an act
relating to human services; making changes to licensing provisions; modifying
background study requirements, disqualifications, and data classification;
requiring child care centers to develop risk management plans; amending
Minnesota Statutes 2008, sections 245A.07, subdivision 2a; 245A.30; 245A.66;
245B.05, subdivision 7; 245C.02, subdivision 18; Minnesota Statutes 2009
Supplement, sections 245A.03, subdivision 2; 245A.04, subdivisions 5, 7;
245A.07, subdivisions 1, 3; 245A.144; 245A.50, subdivision 5; 245C.15,
subdivision 2; 245C.20; 245C.22, subdivision 7; 626.556, subdivisions 2, 10e;
repealing Minnesota Rules, part 2500.5000.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 245A.03, subdivision 2,
is amended to read:

Subd. 2.

Exclusion from licensure.

(a) This chapter does not apply to:

(1) residential or nonresidential programs that are provided to a person by an
individual who is related unless the residential program is a child foster care placement
made by a local social services agency or a licensed child-placing agency, except as
provided in subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons
from a single related family;

(3) residential or nonresidential programs that are provided to adults who do
not abuse chemicals or who do not have a chemical dependency, a mental illness, a
developmental disability, a functional impairment, or a physical disability;

(4) sheltered workshops or work activity programs that are certified by the
commissioner of employment and economic development;

(5) programs operated by a public school for children 33 months or older;

(6) nonresidential programs primarily for children that provide care or supervision
for periods of less than three hours a day while the child's parent or legal guardian is in
the same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as
specified under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that new text begin do not new text end
provide deleted text begin services for five or more persons whose primary diagnosis is mental illness that do
not provide intensive residential treatment deleted text end new text begin children's residential services under Minnesota
Rules, chapter 2960, mental health or chemical dependency treatment new text end ;

(9) homes providing programs for persons placed by a county or a licensed agency
for legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that are operated or approved by a
park and recreation board whose primary purpose is to provide social and recreational
activities;

(12) programs operated by a school as defined in section 120A.22, subdivision 4;
YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as
defined in section 315.51, whose primary purpose is to provide child care new text begin or services new text end to
school-age children;

(13) Head Start nonresidential programs which operate for less than 45 days in
each calendar year;

(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;

(15) programs for children such as scouting, boys clubs, girls clubs, and sports and
art programs, and nonresidential programs for children provided for a cumulative total of
less than 30 days in any 12-month period;

(16) residential programs for persons with mental illness, that are located in hospitals;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or
the congregate care of children by a church, congregation, or religious society during the
period used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;

(19) mental health outpatient services for adults with mental illness or children
with emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural
or educational exchange, until the commissioner adopts appropriate rules;

(21) unrelated individuals who provide out-of-home respite care services to persons
with developmental disabilities from a single related family for no more than 90 days in a
12-month period and the respite care services are for the temporary relief of the person's
family or legal representative;

(22) respite care services provided as a home and community-based service to a
person with a developmental disability, in the person's primary residence;

(23) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;

(24) the placement of a child by a birth parent or legal guardian in a preadoptive
home for purposes of adoption as authorized by section 259.47;

(25) settings registered under chapter 144D which provide home care services
licensed by the commissioner of health to fewer than seven adults;

(26) chemical dependency or substance abuse treatment activities of licensed
professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart
15, when the treatment activities are not paid for by the consolidated chemical dependency
treatment fund;

(27) consumer-directed community support service funded under the Medicaid
waiver for persons with developmental disabilities when the individual who provided
the service is:

(i) the same individual who is the direct payee of these specific waiver funds or paid
by a fiscal agent, fiscal intermediary, or employer of record; and

(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service; or

(28) a program serving only children who are age 33 months or older, that is
operated by a nonpublic school, for no more than four hours per day per child, with no
more than 20 children at any one time, and that is accredited by:

(i) an accrediting agency that is formally recognized by the commissioner of
education as a nonpublic school accrediting organization; or

(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.

A program that asserts its exemption from licensure under item (ii) shall, upon
request from the commissioner, provide the commissioner with documentation from the
accrediting agency that verifies: that the accreditation is current; that the accrediting
agency investigates complaints about services; and that the accrediting agency's standards
require background studies on all people providing direct contact services.

(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.

(c) Nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 245A.04, subdivision 5, is
amended to read:

Subd. 5.

Commissioner's right of access.

When the commissioner is exercising
the powers conferred by this chapter and sections 245.69, 626.556, and 626.557, the
commissioner must be given access to the physical plant and grounds where the program
is provided, documents and records, including records maintained in electronic format,
persons served by the program, and staff whenever the program is in operation and the
information is relevant to inspections or investigations conducted by the commissioner.
The commissioner must be given access without prior notice and as often as the
commissioner considers necessary if the commissioner is deleted text begin conducting an investigation
of allegations of deleted text end new text begin investigating alleged new text end maltreatment deleted text begin or other deleted text end new text begin , conducting a licensing
inspection, or investigating an alleged new text end violation of applicable laws or rules. In conducting
inspections, the commissioner may request and shall receive assistance from other state,
county, and municipal governmental agencies and departments. The applicant or license
holder shall allow the commissioner to photocopy, photograph, and make audio and video
tape recordings during the inspection of the program at the commissioner's expense. The
commissioner shall obtain a court order or the consent of the subject of the records or the
parents or legal guardian of the subject before photocopying hospital medical records.

Persons served by the program have the right to refuse to consent to be interviewed,
photographed, or audio or videotaped. Failure or refusal of an applicant or license holder
to fully comply with this subdivision is reasonable cause for the commissioner to deny the
application or immediately suspend or revoke the license.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 245A.04, subdivision 7, is
amended to read:

Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines
that the program complies with all applicable rules and laws, the commissioner shall issue
a license. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the
program; and

(6) any special conditions of licensure.

(b) The commissioner may issue an initial license for a period not to exceed two
years if:

(1) the commissioner is unable to conduct the evaluation or observation required
by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet
operational;

(2) certain records and documents are not available because persons are not yet
receiving services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any
person or persons will be placed or cared for in the licensed program. A license shall not
be transferable to another individual, corporation, partnership, voluntary association, other
organization, or controlling individual or to another location.

(d) A license holder must notify the commissioner and obtain the commissioner's
approval before making any changes that would alter the license information listed under
paragraph (a).

(e) new text begin Except as provided in paragraphs (g) and (h), new text end the commissioner shall not issue or
reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has
been granted;

(2) has been denied a license within the past two years;

(3) had a license revoked within the past five years; or

(4) has an outstanding debt related to a license fee, licensing fine, or settlement
agreement for which payment is delinquent.

When a license is revoked under clause (1) or (3), the license holder and controlling
individual may not hold any license under chapter 245A or 245B for five years following
the revocation, and other licenses held by the applicant, license holder, or controlling
individual shall also be revoked.

(f) The commissioner shall not issue new text begin or reissue new text end a license if an individual living in
the household where the licensed services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set
aside and no variance has been granted.

new text begin (g) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license has
been suspended or revoked and the suspension or revocation is under appeal, the program
may continue to operate pending a final order from the commissioner. If the license under
suspension or revocation will expire before a final order is issued, a temporary provisional
license may be issued provided any applicable license fee is paid before the temporary
provisional license is issued.
new text end

new text begin (h) Notwithstanding paragraph (g), when a revocation is based on the disqualification
of a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.
new text end

deleted text begin (g) deleted text end new text begin (i) new text end For purposes of reimbursement for meals only, under the Child and Adult Care
Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A,
part 226, relocation within the same county by a licensed family day care provider, shall
be considered an extension of the license for a period of no more than 30 calendar days or
until the new license is issued, whichever occurs first, provided the county agency has
determined the family day care provider meets licensure requirements at the new location.

deleted text begin (h) deleted text end new text begin (j) new text end Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the
day after the expiration date stated on the license. A license holder must apply for and
be granted a new license to operate the program or the program must not be operated
after the expiration date.

new text begin (k) The commissioner shall not issue or reissue a license if it has been determined that
a tribal licensing authority has established jurisdiction to license the program or service.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2009 Supplement, section 245A.07, subdivision 1, is
amended to read:

Subdivision 1.

Sanctions; appeals; license.

(a) In addition to making a license
conditional under section 245A.06, the commissioner may suspend or revoke the license,
impose a fine, or secure an injunction against the continuing operation of the program of a
license holder who does not comply with applicable law or rule. When applying sanctions
authorized under this section, the commissioner shall consider the nature, chronicity, or
severity of the violation of law or rule and the effect of the violation on the health, safety,
or rights of persons served by the program.

(b) If a license holder appeals the suspension or revocation of a license and the
license holder continues to operate the program pending a final order on the appeal, deleted text begin and
the license expires during this time period, deleted text end the commissioner shall issue the license holder
a temporary provisional license. deleted text begin The temporary provisional license is effective on the date
issued and expires on the date that a final order is issued. deleted text end Unless otherwise specified by the
commissioner, variances in effect on the date of the license sanction under appeal continue
under the temporary provisional license. If a license holder fails to comply with applicable
law or rule while operating under a temporary provisional license, the commissioner may
impose new text begin additional new text end sanctions under this section and section 245A.06, and may terminate
any prior variance. If deleted text begin the license holder prevails on the appeal and the effective period
of the previous license has expired deleted text end new text begin a temporary provisional license is set to expire new text end , a
new new text begin temporary provisional new text end license shall be issued to the license holder upon payment of
any fee required under section 245A.10. deleted text begin The effective date of the new license shall be
retroactive to the date the license would have shown had no sanction been initiated. The
expiration date shall be the expiration date of that license had no license sanction been
initiated. deleted text end new text begin The temporary provisional license shall expire on the date the final order is
issued. If the license holder prevails on the appeal, a new nonprovisional license shall
be issued for the remainder of the current license period.
new text end

(c) If a license holder is under investigation and the license is due to expire
before completion of the investigation, the program shall be issued a new license upon
completion of the reapplication requirements new text begin and payment of any applicable license fee new text end .
Upon completion of the investigation, a licensing sanction may be imposed against the
new license under this section, section 245A.06, or 245A.08.

(d) Failure to reapply or closure of a license by the license holder prior to the
completion of any investigation shall not preclude the commissioner from issuing a
licensing sanction under this section, section 245A.06, or 245A.08 at the conclusion
of the investigation.

Sec. 5.

Minnesota Statutes 2008, section 245A.07, subdivision 2a, is amended to read:

Subd. 2a.

Immediate suspension expedited hearing.

(a) Within five working days
of receipt of the license holder's timely appeal, the commissioner shall request assignment
of an administrative law judge. The request must include a proposed date, time, and place
of a hearing. A hearing must be conducted by an administrative law judge within 30
calendar days of the request for assignment, unless an extension is requested by either
party and granted by the administrative law judge for good cause. The commissioner shall
issue a notice of hearing by certified mail or personal service at least ten working days
before the hearing. The scope of the hearing shall be limited solely to the issue of whether
the temporary immediate suspension should remain in effect pending the commissioner's
final order under section 245A.08, regarding a licensing sanction issued under subdivision
3 following the immediate suspension. The burden of proof in expedited hearings under
this subdivision shall be limited to the commissioner's demonstration that reasonable
cause exists to believe that the license holder's actions or failure to comply with applicable
law or rule poses, or if the actions of other individuals or conditions in the program poses
an imminent risk of harm to the health, safety, or rights of persons served by the program.
new text begin "Reasonable cause" means there exist specific articulable facts or circumstances which
provide the commissioner with a reasonable suspicion that there is an imminent risk of
harm to the health, safety, or rights of persons served by the program.
new text end

(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten working days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The
record shall close at the end of the ten-day period for submission of exceptions. The
commissioner's final order shall be issued within ten working days from the close of the
record. Within 90 calendar days after a final order affirming an immediate suspension, the
commissioner shall make a determination regarding whether a final licensing sanction
shall be issued under subdivision 3. The license holder shall continue to be prohibited
from operation of the program during this 90-day period.

(c) When the final order under paragraph (b) affirms an immediate suspension, and a
final licensing sanction is issued under subdivision 3 and the license holder appeals that
sanction, the license holder continues to be prohibited from operation of the program
pending a final commissioner's order under section 245A.08, subdivision 5, regarding the
final licensing sanction.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2009 Supplement, section 245A.07, subdivision 3, is
amended to read:

Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may
suspend or revoke a license, or impose a fine if a license holder fails to comply fully with
applicable laws or rules, if a license holder, a controlling individual, or an individual
living in the household where the licensed services are provided or is otherwise subject
to a background study has a disqualification which has not been set aside under section
245C.22, or if a license holder knowingly withholds relevant information from or gives
false or misleading information to the commissioner in connection with an application
for a license, in connection with the background study status of an individual, during an
investigation, or regarding compliance with applicable laws or rules. A license holder
who has had a license suspended, revoked, or has been ordered to pay a fine must be
given notice of the action by certified mail or personal service. If mailed, the notice
must be mailed to the address shown on the application or the last known address of the
license holder. The notice must state the reasons the license was suspended, revoked, or
a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license
holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received
the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits
a timely appeal of an order suspending or revoking a license, the license holder may
continue to operate new text begin the program as provided in section 245A.04, subdivision 7, paragraphs
(g) and (h), new text end until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the
license holder of the responsibility for payment of fines and the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal
of an order to pay a fine must be made in writing by certified mail or personal service. If
mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the fine has been ordered. If a request is
made by personal service, it must be received by the commissioner within ten calendar
days after the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date
specified. If the license holder fails to fully comply with the order, the commissioner
may issue a second fine or suspend the license until the license holder complies. If the
license holder receives state funds, the state, county, or municipal agencies or departments
responsible for administering the funds shall withhold payments and recover any payments
made while the license is suspended for failure to pay a fine. A timely appeal shall stay
payment of the fine until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services,
in writing, when a violation specified in the order to forfeit a fine is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by certified mail or personal service that a
second fine has been assessed. The license holder may appeal the second fine as provided
under this subdivision.

(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for
each determination of maltreatment of a child under section 626.556 or the maltreatment
of a vulnerable adult under section 626.557 for which the license holder is determined
responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i),
or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each
occurrence of a violation of law or rule governing matters of health, safety, or supervision,
including but not limited to the provision of adequate staff-to-child or adult ratios, and
failure to comply with background study requirements under chapter 245C; and the license
holder shall forfeit $100 for each occurrence of a violation of law or rule other than those
subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence" means
each violation identified in the commissioner's fine order. Fines assessed against a license
holder that holds a license to provide the residential-based habilitation services, as defined
under section 245B.02, subdivision 20, and a license to provide foster care, may be
assessed against both licenses for the same occurrence, but the combined amount of the
fines shall not exceed the amount specified in this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by
closing, selling, or otherwise transferring the licensed program to a third party. In such an
event, the license holder will be personally liable for payment. In the case of a corporation,
each controlling individual is personally and jointly liable for payment.

Sec. 7.

Minnesota Statutes 2009 Supplement, section 245A.144, is amended to read:

245A.144 SUDDEN INFANT DEATH AND SHAKEN BABY SYNDROME
FOR CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers that care for infants or children through five
years of age must document that before staff persons and caregivers assist in the care of
infants or children through five years of age, they are instructed on the standards in section
245A.1435 and receive training on reducing the risk of sudden infant death syndrome
and shaken baby syndrome for infants and young children. This section does not apply
to emergency relative deleted text begin foster care deleted text end new text begin placement new text end under section 245A.035. The training on
reducing the risk of sudden infant death syndrome and shaken baby syndrome may be
provided as:

(1) orientation training to child foster care providers, who care for infants or children
through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers, who care for infants or children
through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must
be completed at least once every five years. At a minimum, the training must address the
risk factors related to sudden infant death syndrome and shaken baby syndrome, means
of reducing the risk of sudden infant death syndrome and shaken baby syndrome, and
license holder communication with parents regarding reducing the risk of sudden infant
death syndrome and shaken baby syndrome.

(c) Training for child foster care providers must be approved by the county new text begin or private new text end
licensing agency deleted text begin and deleted text end new text begin that is responsible for monitoring the child foster care provider
under section 245A.16. The approved training new text end fulfills, in part, training required under
Minnesota Rules, part 2960.3070.

Sec. 8.

Minnesota Statutes 2008, section 245A.30, is amended to read:

245A.30 LICENSING PROHIBITION FOR CERTAIN deleted text begin JUVENILE deleted text end
FACILITIES new text begin SERVING CHILDREN new text end .

The commissioner may not:

(1) issue any license under deleted text begin Minnesota Rules, parts 9545.0905 to 9545.1125, deleted text end new text begin this
chapter new text end for the residential placement of deleted text begin juveniles deleted text end new text begin children new text end at a facility if the facility accepts
deleted text begin juveniles deleted text end new text begin children new text end who reside outside of Minnesota without an agreement with the entity
placing the deleted text begin juvenile deleted text end new text begin child new text end at the facility that obligates the entity to pay the educational and
medical expenses of the deleted text begin juvenile deleted text end new text begin child new text end ; or

(2) renew a license under deleted text begin Minnesota Rules, parts 9545.0905 to 9545.1125, deleted text end new text begin this
chapter new text end for the residential placement of deleted text begin juveniles deleted text end new text begin children new text end if the facility accepts deleted text begin juveniles deleted text end new text begin
children new text end who reside outside of Minnesota without an agreement with the entity placing the
deleted text begin juvenile deleted text end new text begin child new text end at the facility that obligates the entity to pay the educational and medical
expenses of the deleted text begin juvenile deleted text end new text begin child new text end .

Sec. 9.

Minnesota Statutes 2009 Supplement, section 245A.50, subdivision 5, is
amended to read:

Subd. 5.

Sudden infant death syndrome and shaken baby syndrome training.

(a) License holders must document that before staff persons, caregivers, and helpers
assist in the care of infants, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of sudden infant death syndrome. In addition, license
holders must document that before staff persons, caregivers, and helpers assist in the care
of infants and children under school age, they receive training on reducing the risk of
shaken baby syndrome. The training in this subdivision may be provided as initial training
under subdivision 1 or ongoing annual training under subdivision 7.

(b) Sudden infant death syndrome reduction training required under this subdivision
must be at least one-half hour in length and must be completed at least once every five
years. At a minimum, the training must address the risk factors related to sudden infant
death syndrome, means of reducing the risk of sudden infant death syndrome in child
care, and license holder communication with parents regarding reducing the risk of
sudden infant death syndrome.

(c) Shaken baby syndrome training required under this subdivision must be at
least one-half hour in length and must be completed at least once every five years. At a
minimum, the training must address the risk factors related to shaken baby syndrome,
means of reducing the risk of shaken baby syndrome in child care, and license holder
communication with parents regarding reducing the risk of shaken baby syndrome.

(d) Training for family and group family child care providers must be approved
by the county licensing agency.

(e) The commissioner shall make available for viewing by all licensed child care
providers a video presentation on the dangers associated with shaking infants and young
children. The video presentation shall be part of the initial and ongoing annual training of
licensed child care providers new text begin , caregivers, and helpers new text end caring for children under school age.
The commissioner shall provide to child care providers and interested individuals, at cost,
copies of a video approved by the commissioner of health under section 144.574 on the
dangers associated with shaking infants and young children.

Sec. 10.

Minnesota Statutes 2008, section 245A.66, is amended to read:

245A.66 REQUIREMENTS; MALTREATMENT OF MINORS.

new text begin Subdivision 1. new text end

new text begin Internal review. new text end

Except for family child care settings and foster care
for children in the license holder's residence, license holders serving children shall:

(1) establish and maintain policies and procedures to ensure that an internal review
is completed and that corrective action is taken if necessary to protect the health and
safety of children in care when the facility has reason to know that an internal or external
report of alleged or suspected maltreatment has been made. The review must include
an evaluation of whether:

(i) related policies and procedures were followed;

(ii) the policies and procedures were adequate;

(iii) there is a need for additional staff training;

(iv) the reported event is similar to past events with the children or the services
involved; and

(v) there is a need for corrective action by the license holder to protect the health and
safety of children in care.

Based on the results of this review, the license holder must develop, document, and
implement a corrective action plan designed to correct current lapses and prevent future
lapses in performance by individuals or the license holder, if any;

(2) identify the primary and secondary person or position who will ensure that, when
required, internal reviews are completed. The secondary person shall be involved when
there is reason to believe that the primary person was involved in the alleged or suspected
maltreatment; and

(3) document that the internal review has been completed and provide documentation
showing the review was completed to the commissioner upon the commissioner's request.
The documentation provided to the commissioner by the license holder may consist of a
completed checklist that verifies completion of each of the requirements of the review.

new text begin Subd. 2. new text end

new text begin Child care centers; risk reduction plan. new text end

new text begin (a) Child care centers licensed
under this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan
that assesses the general risks to children served by the child care center. The license
holder must establish procedures to minimize identified risks, train staff on the procedures,
and annually review the procedures.
new text end

new text begin (b) The risk reduction plan must include an assessment of risk to children the center
serves or intends to serve based on the following:
new text end

new text begin (1) an assessment of the risk presented by the vulnerability of the children served,
including an evaluation of the following factors: age, developmental functioning, and the
physical and emotional health of children the program serves or intends to serve;
new text end

new text begin (2) an assessment of the risks presented by the physical plant where the licensed
services are provided, including an evaluation of the following factors: the condition and
design of the facility and its outdoor space, bathrooms, storage areas and accessibility of
medications and cleaning products that are harmful to children when children are not
supervised, doors where finger pinching may occur, and the existence of areas that are
difficult to supervise; and
new text end

new text begin (3) an assessment of the risks presented by the environment for each facility and
for each site, including an evaluation of the following factors: the type of grounds and
terrain surrounding the building and the proximity to hazards, busy roads, and publicly
accessed businesses.
new text end

new text begin (c) The risk reduction plan must include a statement of measures that will be taken
to minimize the risk of harm presented to children. At a minimum, the risk reduction
plan must address the following:
new text end

new text begin (1) a general description of supervision, programming, and reference to the
policies and procedures developed and implemented to address the risks identified in the
assessment required under paragraph (b) related to the general population served, the
physical plant, and environment;
new text end

new text begin (2) in addition to any program-specific risks identified in paragraph (b), the plan
must include or refer to policies and procedures developed and implemented to minimize
the risk of harm or injury to children, including:
new text end

new text begin (i) closing children's fingers in doors, including cabinet doors;
new text end

new text begin (ii) leaving children in the community without supervision;
new text end

new text begin (iii) children leaving the facility without supervision;
new text end

new text begin (iv) caregiver dislocation of children's elbows;
new text end

new text begin (v) burns from hot food or beverages, whether served to children or being consumed
by caregivers, and the devices used to warm food and beverages;
new text end

new text begin (vi) injuries from equipment, such as scissors and glue guns;
new text end

new text begin (vii) sunburn;
new text end

new text begin (viii) feeding children foods to which they are allergic;
new text end

new text begin (ix) children falling from changing tables; and
new text end

new text begin (x) children accessing dangerous items or chemicals or coming into contact with
residue from harmful cleaning products; and
new text end

new text begin (3) the plan shall prohibit the accessibility of hazardous items to children.
new text end

new text begin Subd. 3. new text end

new text begin Orientation to risk reduction plan and annual review of plan. new text end

new text begin (a) The
license holder shall ensure that all mandated reporters, as defined in section 626.556,
subdivision 3, who are under the control of the license holder, receive an orientation to
the risk reduction plan prior to first providing unsupervised direct contact services, as
defined in section 245C.02, subdivision 11, to children, not to exceed 14 days from the
first supervised direct contact, and annually thereafter.
new text end

new text begin (b) The license holder must review the risk reduction plan annually. When
conducting the review, the license holder must consider incidents that have occurred in
the center since the last review, including:
new text end

new text begin (1) the assessment factors in the plan;
new text end

new text begin (2) the internal reviews conducted under this section, if any;
new text end

new text begin (3) substantiated maltreatment findings, if any; and
new text end

new text begin (4) incidents that caused injury or harm to a child, if any, that occurred since the
last review.
new text end

new text begin Following any change to the risk reduction plan, the license holder must inform mandated
reporters, under the control of the license holder, of the changes in the risk reduction plan.
new text end

Sec. 11.

Minnesota Statutes 2008, section 245B.05, subdivision 7, is amended to read:

Subd. 7.

Reporting incidents.

(a) The license holder must maintain information
about and report incidents under section 245B.02, subdivision 10, clauses (1) to (7), to the
consumer's legal representative, other licensed caregiver, if any, and case manager within
24 hours of the occurrence, or within 24 hours of receipt of the information unless the
incident has been reported by another license holder. An incident under section 245B.02,
subdivision 10, clause (8), must be reported as required under paragraph (c) unless the
incident has been reported by another license holder.

(b) When the incident involves more than one consumer, the license holder must
not disclose personally identifiable information about any other consumer when making
the report to each consumer's legal representative, other licensed caregiver, if any, and
case manager unless the license holder has the consent of a consumer or a consumer's
legal representative.

(c) Within 24 hours of reporting maltreatment as required under section 626.556
or 626.557, the license holder must inform the consumer's legal representative and case
manager of the report unless there is reason to believe that the legal representative or case
manager is involved in the suspected maltreatment. The information the license holder
must disclose is the nature of the activity or occurrence reported, the agency that receives
the report, and the telephone number of the Department of Human Services Licensing
Division.

(d) new text begin Except as provided in paragraph (e), new text end death or serious injury of the consumer
must also be reported to the Department of Human Services Licensing Division and the
ombudsman, as required under sections 245.91 and 245.94, subdivision 2a.

new text begin (e) When a death or serious injury occurs in a facility certified as an intermediate
care facility for persons with developmental disabilities, the death or serious injury must
be reported to the Department of Health, Office of Health Facility Complaints, and the
ombudsman, as required under sections 245.91 and 245.94, subdivision 2a.
new text end

Sec. 12.

Minnesota Statutes 2008, section 245C.02, subdivision 18, is amended to read:

Subd. 18.

Serious maltreatment.

(a) "Serious maltreatment" means sexual abuse,
maltreatment resulting in death, deleted text begin maltreatment deleted text end new text begin neglect new text end resulting in serious injury which
reasonably requires the care of a physician whether or not the care of a physician was
sought, or abuse resulting in serious injury.

(b) For purposes of this definition, "care of a physician" is treatment received or
ordered by a physician new text begin , physician assistant, or nurse practitioner, new text end but does not include new text begin :
new text end

new text begin (1) new text end diagnostic testing, assessment, or observation deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) the application of, recommendation to use, or prescription solely for a remedy
that is available over the counter without a prescription; or
new text end

new text begin (3) a prescription solely for a topical antibiotic to treat burns when there is no
follow-up appointment.
new text end

(c) For purposes of this definition, "abuse resulting in serious injury" means: bruises,
bites, skin laceration, or tissue damage; fractures; dislocations; evidence of internal
injuries; head injuries with loss of consciousness; extensive second-degree or third-degree
burns and other burns for which complications are present; extensive second-degree or
third-degree frostbite and other frostbite for which complications are present; irreversible
mobility or avulsion of teeth; injuries to the eyes; ingestion of foreign substances and
objects that are harmful; near drowning; and heat exhaustion or sunstroke.

(d) Serious maltreatment includes neglect when it results in criminal sexual conduct
against a child or vulnerable adult.

Sec. 13.

Minnesota Statutes 2009 Supplement, section 245C.15, subdivision 2, is
amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a felony-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph
(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm);
609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth
degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of
drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment);
609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter
of an unborn child in the second degree); 609.267 (assault of an unborn child in the first
degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury
or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
(attempt to coerce); 609.466 (medical assistance fraud); 609.495 (aiding an offender);
609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing
stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.562 (arson in the second degree);
609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary
tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery);
609.631 (check forgery; offering a forged check); 609.635 (obtaining signature by
false pretense); 609.66 (dangerous weapons); 609.67 (machine guns and short-barreled
shotguns); 609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.82
(fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent
exposure), not involving a minor; repeat offenses under 617.241 (obscene materials and
performances; distribution and exhibition prohibited; penalty); 624.713 (certain persons
not to possess firearms); chapter 152 (drugs; controlled substance); or a felony-level
conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) An individual is disqualified under section 245C.14 if less than 15 years has
passed since deleted text begin the individual's deleted text end termination of the individual's parental rights under section
260C.301 new text begin , subdivision 1, paragraph (b), or 3 new text end .

(d) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of the offenses
listed in paragraph (a).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual
is disqualified but the disqualification look-back period for the offense is the period
applicable to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court. When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court. When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, or the
date of the incident, whichever occurs last.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from May 22, 2009.
new text end

Sec. 14.

Minnesota Statutes 2009 Supplement, section 245C.20, is amended to read:

245C.20 LICENSE HOLDER RECORD KEEPING.

new text begin Subdivision 1. new text end

new text begin Background studies initiated by program. new text end

A licensed program
shall document the date the program initiates a background study under this chapter in the
program's personnel files. When a background study is completed under this chapter, a
licensed program shall maintain a notice that the study was undertaken and completed
in the program's personnel files. Except when background studies are initiated through
the commissioner's online system, if a licensed program has not received a response from
the commissioner under section 245C.17 within 45 days of initiation of the background
study request, the licensed program must contact the human services licensing division
to inquire about the status of the study. If a license holder initiates a background study
under the commissioner's online system, but the background study subject's name does
not appear in the list of active or recent studies initiated by that license holder, the
license holder must either contact the human services licensing division or resubmit the
background study information online for that individual.

new text begin Subd. 2. new text end

new text begin Background studies initiated by others. new text end

new text begin When a license holder relies on
a background study initiated by a personnel pool agency, a temporary personnel agency,
an educational program, or a professional services agency for a person required to have a
background study completed under section 245C.03, the license holder must maintain a
copy of the background study results in the license holder's files.
new text end

Sec. 15.

Minnesota Statutes 2009 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-aside and the individual's disqualifying characteristics are public
data if the set-aside was:

(1) for any disqualifying characteristic under section 245C.15, when the set-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, except as provided
under section 13.46, subdivision 4;

(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; deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) the disqualified individual is a household member of a licensed foster care
provider and:
new text end

new text begin (i) the disqualified individual previously received foster care services from this
licensed foster care provider;
new text end

new text begin (ii) the disqualified individual was subsequently adopted by this licensed foster
care provider; and
new text end

new text begin (iii) the disqualifying act occurred before the adoption.
new text end

(d) Licensed family child care providers and child care centers must provide notices
as required under section 245C.301.

(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:

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

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

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

Sec. 16.

Minnesota Statutes 2009 Supplement, section 626.556, subdivision 2, is
amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship to the
child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

new text begin (q) "Nonmaltreatment mistake" means:
new text end

new text begin (1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;
new text end

new text begin (2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;
new text end

new text begin (3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;
new text end

new text begin (4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and
new text end

new text begin (5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.
new text end

new text begin This definition only applies to child care centers licensed under Minnesota Rules,
chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantial
maltreatment by the individual, the commissioner of human services shall determine that
a nonmaltreatment mistake was made by the individual.
new text end

Sec. 17.

Minnesota Statutes 2009 Supplement, section 626.556, subdivision 10e,
is amended to read:

Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt
of the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed.

(d) If the commissioner of education conducts an assessment or investigation,
the commissioner shall determine whether maltreatment occurred and what corrective
or protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school
board, and any appropriate licensing entity the determination that maltreatment occurred
and what corrective or protective action was taken by the school facility. In all other cases,
the commissioner shall inform the school board or employer that a report was received,
the subject of the report, the date of the initial report, the category of maltreatment alleged
as defined in paragraph (f), the fact that maltreatment was not determined, and a summary
of the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility,
the investigating agency shall also determine whether the facility or individual was
responsible, or whether both the facility and the individual were responsible for the
maltreatment using the mitigating factors in paragraph (i). Determinations under this
subdivision must be made based on a preponderance of the evidence and are private data
on individuals or nonpublic data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following
acts or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (g);

(2) neglect as defined in subdivision 2, paragraph (f);

(3) sexual abuse as defined in subdivision 2, paragraph (d);

(4) mental injury as defined in subdivision 2, paragraph (m); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).

(g) For the purposes of this subdivision, a determination that child protective
services are needed means that the local welfare agency has documented conditions
during the assessment or investigation sufficient to cause a child protection worker, as
defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of
maltreatment if protective intervention is not provided and that the individuals responsible
for the child's care have not taken or are not likely to take actions to protect the child
from maltreatment or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because
the child's parent, guardian, or other person responsible for the child's care in good faith
selects and depends upon spiritual means or prayer for treatment or care of disease
or remedial care of the child, in lieu of medical care. However, if lack of medical care
may result in serious danger to the child's health, the local welfare agency may ensure
that necessary medical services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and
requirements placed upon an employee, including the facility's compliance with related
regulatory standards and the adequacy of facility policies and procedures, facility training,
an individual's participation in the training, the caregiver's supervision, and facility staffing
levels and the scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

new text begin The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for polices and
procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules.
new text end

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license holder, both the individual and
the facility must be determined responsible for the maltreatment, and both the background
study disqualification standards under section 245C.15, subdivision 4, and the licensing
actions under sections 245A.06 or 245A.07 apply.

(k) Individual counties may implement more detailed definitions or criteria that
indicate which allegations to investigate, as long as a county's policies are consistent
with the definitions in the statutes and rules and are approved by the county board. Each
local welfare agency shall periodically inform mandated reporters under subdivision 3
who work in the county of the definitions of maltreatment in the statutes and rules and any
additional definitions or criteria that have been approved by the county board.

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 2500.5000, new text end new text begin is repealed.
new text end