HF 3863

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2018 02:25pm

A bill for an act
relating to human services; modifying background study disqualifications for
relative child foster care providers; amending Minnesota Statutes 2016, section
245C.22, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapter 245C.

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

Section 1.

new text begin [245C.155] DISQUALIFYING CRIMES OR CONDUCT; RELATIVE
FOSTER CARE.
new text end

new text begin Subdivision 1. new text end

new text begin Relative. new text end

new text begin For the purposes of this section, "relative" has the meaning
given in section 260C.007, subdivision 27, or means "relative of an Indian child" according
to section 260C.007, subdivision 26b.
new text end

new text begin Subd. 2. new text end

new text begin Permanent disqualification. new text end

new text begin An individual seeking a license to provide child
foster care is disqualified under section 245C.14 according to section 245C.15, subdivision
1.
new text end

new text begin Subd. 3. new text end

new text begin Nonviolent controlled substance offender. new text end

new text begin The commissioner must not
disqualify an individual seeking a license to provide child foster care if the individual: (1)
resides in the home where child foster care services would be provided; (2) is a relative of
the child; and (3) is a nonviolent controlled substance offender who meets the criteria under
section 244.0513, subdivision 2, clauses (1), (2), and (6), and more than two years have
passed since the discharge of the sentence imposed, if any, for the offense.
new text end

new text begin Subd. 4. new text end

new text begin Ten-year disqualification. new text end

new text begin (a) The commissioner must not disqualify an
individual seeking a license to provide child foster care who resides in the home where child
foster care services would be provided, and who is a relative of the child, if the individual
committed and would otherwise be disqualified for committing a felony-level violation of
any of the offenses listed in section 245C.15, subdivision 2, paragraph (a), if more than ten
years have passed since the discharge of the sentence imposed, if any, for the offenses listed
in section 245C.15, subdivision 2, paragraph (a).
new text end

new text begin (b) An individual is disqualified under this subdivision if less than ten 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.
new text end

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

new text begin (d) An individual is disqualified under this subdivision if less than ten 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).
new text end

new text begin (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 disposition, the
individual is disqualified but the disqualification lookback period for the offense is the
period applicable to the gross misdemeanor or misdemeanor under this subdivision.
new text end

new text begin (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 end

new text begin Subd. 5. new text end

new text begin Five-year disqualification. new text end

new text begin (a) The commissioner must not disqualify an
individual seeking a license to provide child foster care who resides in the home where child
foster care services would be provided, and who is a relative of the child, if the individual
committed and would otherwise be disqualified for committing a gross misdemeanor-level
violation of any of the offenses listed in section 245C.15, subdivision 3, paragraph (a), if
more than five years have passed since the discharge of the sentence imposed, if any, for
the offenses listed in section 245C.15, subdivision 3, paragraph (a).
new text end

new text begin (b) An individual is disqualified under this subdivision if less than five 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.
new text end

new text begin (c) An individual is disqualified under this subdivision if less than five 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 any of the offenses listed in
paragraph (a).
new text end

new text begin (d) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a misdemeanor disposition, the individual is disqualified but
the disqualification lookback period for the offense is the period applicable to misdemeanors
under this subdivision.
new text end

new text begin (e) 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 end

new text begin Subd. 6. new text end

new text begin Three-year disqualification. new text end

new text begin (a) The commissioner must not disqualify an
individual seeking a license to provide child foster care who resides in the home where child
foster care services would be provided, and who is a relative of the child, if the individual
committed and would otherwise be disqualified for committing a misdemeanor-level violation
of any of the offenses listed in section 245C.15, subdivision 4, paragraph (a), if more than
three years have passed since the discharge of the sentence imposed, if any, for the offenses
listed in section 245C.15, subdivision 4, paragraph (a).
new text end

new text begin (b) An individual is disqualified under this subdivision if less than three 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.
new text end

new text begin (c) An individual is disqualified under section 245C.14 if less than three 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 any of the offenses listed in
paragraph (a).
new text end

new text begin (d) 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 end

new text begin (e) An individual is disqualified under this subdivision if less than three years has passed
since the individual was disqualified under section 256.98, subdivision 8.
new text end

Sec. 2.

Minnesota Statutes 2016, section 245C.22, subdivision 4, is amended to read:

Subd. 4.

Risk of harm; set aside.

(a) The commissioner may set aside the disqualification
if the commissioner finds that the individual has submitted sufficient information to
demonstrate that the individual does not pose a risk of harm to any person served by the
applicant, license holder, or other entities as provided in this chapter.

(b) In determining whether the individual has met the burden of proof by demonstrating
the individual does not pose a risk of harm, the commissioner shall consider:

(1) the nature, severity, and consequences of the event or events that led to the
disqualification;

(2) whether there is more than one disqualifying event;

(3) the age and vulnerability of the victim at the time of the event;

(4) the harm suffered by the victim;

(5) vulnerability of persons served by the program;

(6) the similarity between the victim and persons served by the program;

(7) the time elapsed without a repeat of the same or similar event;

(8) documentation of successful completion by the individual studied of training or
rehabilitation pertinent to the event; and

(9) any other information relevant to reconsideration.

(c) If the individual requested reconsideration on the basis that the information relied
upon to disqualify the individual was incorrect or inaccurate and the commissioner determines
that the information relied upon to disqualify the individual is correct, the commissioner
must also determine if the individual poses a risk of harm to persons receiving services in
accordance with paragraph (b).

new text begin (d) If an individual seeking a license to provide child foster care who resides in the home
where child foster care services would be provided, and who is a relative of the child,
requests reconsideration of a disqualification pursuant to section 245C.21, the commissioner
shall set aside the disqualification if the individual did not commit a violent crime as defined
in section 609.1095, subdivision 1, paragraph (d), and does not pose a risk of harm.
new text end