HF 4928

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 04:41pm

A bill for an act
relating to public safety; ensuring safety of children with no lawful immigration
status living in and moving into the state; proposing coding for new law in
Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.289] UNACCOMPANIED CHILD.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Care provider" means a federal Office of Refugee Resettlement funded care provider
of unaccompanied children that is licensed, certified, or accredited by an appropriate state
agency to provide residential care for children, including shelter, group, foster care,
staff-secure, secure, therapeutic, or residential treatment care.
new text end

new text begin (c) "Crime of violence" has the meaning given in section 624.712, subdivision 5.
new text end

new text begin (d) "Entity" means any individual, program, or organization that operates a shelter, group
home, foster care, or other residential care setting or facility that is not part of the federal
program funded by the Office of Refugee Resettlement."
new text end

new text begin (e) "Sponsor" means an individual or entity that takes custody of an unaccompanied
child.
new text end

new text begin (f) "Unaccompanied child" means a child who:
new text end

new text begin (1) has no lawful immigration status in the United States;
new text end

new text begin (2) has not attained 18 years of age; and
new text end

new text begin (3) with respect to the child:
new text end

new text begin (i) there is no parent or legal guardian in the United States; or
new text end

new text begin (ii) no parent or legal guardian in the United States is available to provide care and
physical custody.
new text end

new text begin Subd. 2. new text end

new text begin Care provider; sponsor screening. new text end

new text begin In addition to complying with the safe
screening methods required by the federal Office of Refugee Resettlement, the care provider
must request that the superintendent of the Bureau of Criminal Apprehension conduct a
background check of the sponsor. A completed background check is required before the
child is placed with the sponsor. The placement must not be approved if the background
check reveals any conviction for committing or attempting to commit child abuse or neglect,
labor or sexual human trafficking, or a crime of violence.
new text end

new text begin Subd. 3. new text end

new text begin Transportation organization; sponsor, individual, or entity screening. new text end

new text begin A
nonprofit organization or nongovernmental organization that is used to transport an
unaccompanied child to a sponsor, individual, or entity in the state must verify with the
Bureau of Criminal Apprehension or local law enforcement agency that the unaccompanied
child is not being transported to a sponsor, individual, or entity that is involved in child
abuse or neglect, labor or sexual human trafficking, or a crime of violence. Before the child
is placed with the sponsor, individual, or entity the nonprofit organization or nongovernmental
organization transporting the child must receive verification of the criminal status of the
sponsor, individual, or entity. The nonprofit organization or nongovernmental organization
transporting the child must not leave the child with the sponsor, individual, or entity if the
Bureau of Criminal Apprehension or local law enforcement agency verifies through a
background check that the sponsor, individual, or entity has committed or attempted to
commit child abuse or neglect, labor or sexual human trafficking, or a crime of violence.
new text end

new text begin Subd. 4. new text end

new text begin Background check. new text end

new text begin (a) For a background check under subdivision 2, the
superintendent of the Bureau of Criminal Apprehension shall develop procedures and
standardized forms to enable a care provider to request a background check of a potential
sponsor to determine whether the sponsor is the subject of a reported conviction for
committing or attempting to commit child abuse or neglect, labor or sex trafficking, a crime
of violence, or any other crime. The superintendent shall perform the background check by
retrieving and reviewing criminal record data on the potential sponsor. The superintendent
shall notify the care provider in writing of the results of the background check. If the potential
sponsor has resided in Minnesota for less than ten years or upon request of the care provider,
the superintendent shall: (1) conduct a search of the national criminal records repository,
including the criminal justice data communications network; or (2) conduct a search of the
criminal justice data communications network records in the state or states where the sponsor
has resided for the preceding ten years. The superintendent is authorized to exchange
fingerprints with the Federal Bureau of Investigation for purposes of the background check.
new text end

new text begin (b) For a verification under subdivision 3 to determine whether a sponsor, individual,
or entity is the subject of a reported conviction for committing or attempting to commit
child abuse or neglect, labor or sex trafficking, a crime of violence, or any other crime:
new text end

new text begin (1) the superintendent shall use the same procedure and standardized forms used to
request and perform a background check under paragraph (a); and
new text end

new text begin (2) a local law enforcement agency must consult with the superintendent to develop a
procedure and standardized forms for a nonprofit organization or nongovernmental
organization to use to request a background check under subdivision 3.
new text end

new text begin (c) The superintendent or local law enforcement agency shall recover the cost of a
background check through a fee charged to the care provider under subdivision 2 or
transporting organization under subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Violation. new text end

new text begin (a) A care provider is in violation of this section if the care provider
does not take reasonable measures to comply with subdivision 2.
new text end

new text begin (b) A nonprofit organization or nongovernmental organization is in violation of this
section if the organization does not take reasonable measures to comply with subdivision
3.
new text end