HF 4401

as introduced - 90th Legislature (2017 - 2018) Posted on 04/12/2018 02:38pm

A bill for an act
relating to civil law and data practices; education; modifying criminal history
background checks; amending Minnesota Statutes 2016, sections 245C.02, by
adding a subdivision; 245C.12; Minnesota Statutes 2017 Supplement, section
245C.08, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 245C.

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

Section 1.

Minnesota Statutes 2016, section 245C.02, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin National criminal history record check. new text end

new text begin (a) "National criminal history record
check" means a check of records maintained by the Federal Bureau of Investigation through
submission of fingerprints through the Minnesota Bureau of Criminal Apprehension to the
Federal Bureau of Investigation when specifically required by law.
new text end

new text begin (b) For purposes of this chapter, "national crime information database," "national criminal
records repository," "criminal history with the Federal Bureau of Investigation," and "national
criminal record check" mean a national criminal history record check defined in paragraph
(a).
new text end

Sec. 2.

Minnesota Statutes 2017 Supplement, section 245C.08, subdivision 1, is amended
to read:

Subdivision 1.

Background studies conducted by Department of Human Services.

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

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

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

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

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

(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, when the commissioner has
reasonable cause as defined under section 245C.05, subdivision 5, or as required under
section 144.057, subdivision 1, clause (2);

(6) for a background study related to a child foster care application for licensure, a
transfer of permanent legal and physical custody of a child under sections 260C.503 to
260C.515, or adoptions, and for a background study required for family child care, certified
license-exempt child care, child care centers, deleted text begin and deleted text end legal nonlicensed child care authorized
under chapter 119B, new text begin and Head Start programs new text end the commissioner shall also review:

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

(ii) when the background study subject is 18 years of age or older, information received
following submission of fingerprints for a national criminal history record check; and

(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, deleted text begin and deleted text end legal nonlicensed child care authorized under
chapter 119B, new text begin and Head Start programs, new text end the background study shall also include a name
and date-of-birth search of the National Sex Offender Public Web site.

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

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

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

Sec. 3.

Minnesota Statutes 2016, section 245C.12, is amended to read:

245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.

(a) For the purposes of background studies completed by tribal organizations performing
licensing activities otherwise required of the commissioner under this chapter, after obtaining
consent from the background study subject, tribal licensing agencies shall have access to
criminal history data in the same manner as county licensing agencies and private licensing
agencies under this chapter.

(b) Tribal organizations may contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to adoptions according to section 245C.34.
Tribal organizations may also contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to child foster care according to section
245C.34.

(c) For the purposes of background studies completed to comply with a tribal
organization's licensing requirements for individuals affiliated with a tribally licensed nursing
facility, the commissioner shall obtain criminal history data from the National Criminal
Records Repository in accordance with section 245C.32.

new text begin (d) Tribal organizations may contract with the commissioner to conduct background
studies or obtain background study data on individuals affiliated with a child care program
sponsored, managed, or licensed by a tribal organization. Studies conducted under this
paragraph require the commissioner to conduct a national criminal history record check as
defined in section 245C.02, subdivision 5a. Any tribally affiliated child care program that
does not contract with the commissioner to conduct background studies is exempt from the
relevant requirements in this chapter. A study conducted under this paragraph must include
all components of studies for certified license-exempt child care centers under this chapter
to be transferable to other child care entities.
new text end

Sec. 4.

new text begin [245C.121] BACKGROUND STUDY; HEAD START PROGRAMS.
new text end

new text begin Head Start programs that receive funding disbursed under section 119A.52 may contract
with the commissioner to conduct background studies and obtain background study data
on individuals affiliated with a Head Start program. Studies conducted under this paragraph
require the commissioner to conduct a national criminal history record check as defined in
section 245C.02, subdivision 5a. Any Head Start program site that does not contract with
the commissioner, is not licensed, and is not registered to receive funding under chapter
119B is exempt from the relevant requirements in this chapter. Nothing in this paragraph
supersedes requirements for background studies in this chapter, chapter 119B, or child care
centers under chapter 245H that are related to licensed child care programs or programs
registered to receive funding under chapter 119B. A study conducted under this paragraph
must include all components of studies for certified license-exempt child care centers under
this chapter to be transferable to other child care entities.
new text end