HF 63

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; repealing a permanent bar to set aside a
disqualification under human services background studies; amending Minnesota
Statutes 2006, section 245C.17, subdivision 2; repealing Minnesota Statutes
2006, section 245C.24, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 245C.17, subdivision 2, is amended to read:

Subd. 2.

Disqualification notice sent to subject.

(a) If the information in the study
indicates the individual is disqualified from direct contact with, or from access to, persons
served by the program, the commissioner shall disclose to the individual studied:

(1) the information causing disqualification;

(2) instructions on how to request a reconsideration of the disqualification;

(3) deleted text begin an explanation of any restrictions on the commissioner's discretion to set aside
the disqualification under section 245C.24, when applicable to the individual;
deleted text end

deleted text begin (4) deleted text end a statement indicating that if the individual's disqualification is set aside or the
facility is granted a variance under section 245C.30, the individual's identity and the
reason for the individual's disqualification will become public data under section 245C.22,
subdivision 7, when applicable to the individual; and

deleted text begin (5) deleted text end new text begin (4) new text end the commissioner's determination of the individual's immediate risk of harm
under section 245C.16.

(b) If the commissioner determines under section 245C.16 that an individual poses
an imminent risk of harm to persons served by the program where the individual will have
direct contact, the commissioner's notice must include an explanation of the basis of
this determination.

(c) If the commissioner determines under section 245C.16 that an individual studied
does not pose a risk of harm that requires immediate removal, the individual shall be
informed of the conditions under which the agency that initiated the background study may
allow the individual to provide direct contact services as provided under subdivision 3.

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 245C.24, subdivision 2, new text end new text begin the permanent bar to set
aside a disqualification, is repealed.
new text end