SF 536

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying child care provisions; reducing license
fees; appropriating money; amending Minnesota Statutes 2006, sections
245A.10, subdivision 2; 245A.16, subdivisions 1, 3; 245C.04, subdivision 1;
245C.05, subdivisions 4, 7, by adding a subdivision; 245C.08, subdivision 2;
245C.17, by adding a subdivision; 245C.21, by adding a subdivision; 245C.23,
subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 245A.10, subdivision 2, is amended to
read:

Subd. 2.

County fees for background studies and licensing inspections.

(a) For
purposes of family and group family child care licensing under this chapter, a county
agency may charge a deleted text begin fee to an applicant or license holder to recover the actual cost of
background studies, but in any case not to exceed $100 annually. A county agency may
also charge a deleted text end new text begin license new text end fee to an applicant or license holder deleted text begin to recover the actual cost of
licensing inspections, but in any case deleted text end not to exceed deleted text begin $150 annually deleted text end new text begin $50 for a one-year
license or $100 for a two-year license new text end .

(b) A county agency may charge a fee to a legal nonlicensed child care provider or
applicant for authorization to recover the actual cost of background studies completed
under section 119B.125, but in any case not to exceed $100 annually.

(c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area;

(3) for new providers; or

(4) for providers who have attained at least 16 hours of training before seeking
initial licensure.

(d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on
an installment basis for up to one year. If the provider is receiving child care assistance
payments from the state, the provider may have the fees under paragraph (a) or (b)
deducted from the child care assistance payments for up to one year and the state shall
reimburse the county for the county fees collected in this manner.

Sec. 2.

Minnesota Statutes 2006, section 245A.16, subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and
private agencies that have been designated or licensed by the commissioner to perform
licensing functions and activities under section 245A.04 deleted text begin and deleted text end new text begin , background studies for
adult foster care, family adult day services, and child foster care under new text end chapter 245C, to
recommend denial of applicants under section 245A.05, to issue correction orders, to issue
variances, and recommend a conditional license under section 245A.06, or to recommend
suspending or revoking a license or issuing a fine under section 245A.07, shall comply
with rules and directives of the commissioner governing those functions and with this
section. The following variances are excluded from the delegation of variance authority
and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child
and adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that county agencies may
issue variances under section 245C.30 regarding disqualified individuals when the county
is responsible for conducting a consolidated reconsideration according to sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
and a disqualification based on serious or recurring maltreatment; and

(6) the required presence of a caregiver in the adult foster care residence during
normal sleeping hours.

(b) County agencies must report:

(1) information about disqualification reconsiderations under sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), and variances granted under paragraph
(a), clause (5), to the commissioner at least monthly in a format prescribed by the
commissioner; and

(2) for relative child foster care applicants and license holders, the number of
relatives, as defined in section 260C.007, subdivision 27, and household members of
relatives who are disqualified under section 245C.14; the disqualifying characteristics
under section 245C.15; the number of these individuals who requested reconsideration
under section 245C.21; the number of set-asides under section 245C.22; and variances
under section 245C.30 issued. This information shall be reported to the commissioner
annually by January 15 of each year in a format prescribed by the commissioner.

(c) For family day care programs, the commissioner may authorize licensing reviews
every two years after a licensee has had at least one annual review.

(d) For family adult day services programs, the commissioner may authorize
licensing reviews every two years after a licensee has had at least one annual review.

(e) A license issued under this section may be issued for up to two years.

Sec. 3.

Minnesota Statutes 2006, section 245A.16, subdivision 3, is amended to read:

Subd. 3.

Recommendations to the commissioner.

The county or private agency
shall not make recommendations to the commissioner regarding licensure without first
conducting an inspection, new text begin and for adult foster care, family adult day services, and child
foster care, a background new text end study of the applicant, and evaluation pursuant to chapter 245C.
The county or private agency must forward its recommendation to the commissioner
regarding the appropriate licensing action within 20 working days of receipt of a
completed application.

Sec. 4.

Minnesota Statutes 2006, section 245C.04, subdivision 1, is amended to read:

Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required
to be studied under section 245C.03, subdivision 1, at reapplication for a license for
deleted text begin family child care, deleted text end child foster care deleted text begin , deleted text end and adult foster care.

(c) The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services for an adult foster care license holder that is also:

(1) registered under chapter 144D; or

(2) licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside in the foster
care residence; and

(3) the following conditions are met:

(i) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(ii) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(iii) the last study of the individual was conducted on or after October 1, 1995.

(d) new text begin From January 1, 2008, to December 31, 2009, the commissioner shall conduct
a study of an individual required to be studied under section 245C.03, at the time of
reapplication for a family child care license. The county shall collect and forward to the
commissioner the information required under section 245C.05, subdivision 1, paragraphs
(a) and (b); and subdivision 5, paragraphs (a) and (b). The background study conducted by
the commissioner under this paragraph must include a review of the information required
under section 245C.08, subdivision 1, paragraph (a), clauses (1) to (4) and subdivision 3.
new text end

new text begin (e) The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with a family child care license holder. The county shall collect and forward to
the commissioner the information required under section 245C.05, subdivisions 1 and 5.
The background study conducted by the commissioner under this paragraph must include
a review of the information required under section 245C.08, subdivision 1, paragraph (a)
and subdivision 3.
new text end

new text begin (f) new text end Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study forms to the commissioner before
individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
contact in any licensed program.

deleted text begin (e) deleted text end new text begin (g) new text end For purposes of this section, a physician licensed under chapter 147 is
considered to be continuously affiliated upon the license holder's receipt from the
commissioner of health or human services of the physician's background study results.

Sec. 5.

Minnesota Statutes 2006, section 245C.05, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin County agency. new text end

new text begin For background studies related to family child care,
county agencies must collect the information under subdivision 1 and forward it to the
commissioner.
new text end

Sec. 6.

Minnesota Statutes 2006, section 245C.05, subdivision 4, is amended to read:

Subd. 4.

Electronic transmission.

For background studies conducted by the
Department of Human Services, the commissioner shall implement a system for the
electronic transmission of:

(1) background study information to the commissioner; deleted text begin and
deleted text end

(2) background study results to the license holder new text begin ; and
new text end

new text begin (3) background study results to county agencies for background studies conducted
by the commissioner for family child care new text end .

Sec. 7.

Minnesota Statutes 2006, section 245C.05, subdivision 7, is amended to read:

Subd. 7.

Probation officer and corrections agent.

(a) A probation officer or
corrections agent shall notify the commissioner of an individual's conviction if the
individual is:

(1) affiliated with a program or facility regulated by the Department of Human
Services or Department of Health, a facility serving children or youth licensed by the
Department of Corrections, or any type of home care agency or provider of personal care
assistance services; and

(2) convicted of a crime constituting a disqualification under section 245C.14.

(b) For the purpose of this subdivision, "conviction" has the meaning given it
in section 609.02, subdivision 5.

(c) The commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this subdivision and shall provide
the forms and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.

(d) The commissioner shall inform individuals subject to a background study that
criminal convictions for disqualifying crimes will be reported to the commissioner by the
corrections system.

(e) A probation officer, corrections agent, or corrections agency is not civilly or
criminally liable for disclosing or failing to disclose the information required by this
subdivision.

(f) Upon receipt of disqualifying information, the commissioner shall provide the
notice required under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the background
study status of the individual.

(g) This subdivision does not apply to deleted text begin family child care and deleted text end child foster care
programs.

Sec. 8.

Minnesota Statutes 2006, section 245C.08, subdivision 2, is amended to read:

Subd. 2.

Background studies conducted by a county or private agency.

(a) For a
background study conducted by a county or private agency for child foster care deleted text begin , deleted text end new text begin and new text end adult
foster care, deleted text begin and family child care homes, deleted text end the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, clauses (2), (5), and (6);

(3) information from the Bureau of Criminal Apprehension; and

(4) arrest and investigative records maintained by the Bureau of Criminal
Apprehension, county attorneys, county sheriffs, courts, county agencies, local police, the
National Criminal Records Repository, and criminal records from other states.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county or private agency 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.

Sec. 9.

Minnesota Statutes 2006, section 245C.17, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Notice to county agency. new text end

new text begin For studies on individuals related to a license to
provide family child care, the commissioner shall also provide a notice of the background
study results to the county that initiated the background study.
new text end

Sec. 10.

Minnesota Statutes 2006, section 245C.21, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Submission of reconsideration request to county agency. new text end

new text begin (a) For
disqualifications related to studies conducted by county agencies, and for disqualifications
related to studies conducted by the commissioner for family child care, the individual shall
submit the request for reconsideration to the county that initiated the background study.
new text end

new text begin (b) A reconsideration request shall be submitted within the time frames specified in
subdivision 2.
new text end

new text begin (c) The county agency shall forward the individual's request for reconsideration and
provide the commissioner with a recommendation whether to set aside the individual's
disqualification.
new text end

Sec. 11.

Minnesota Statutes 2006, section 245C.23, subdivision 2, is amended to read:

Subd. 2.

Commissioner's notice of disqualification that is not set aside.

(a) The
commissioner shall notify the license holder of the disqualification and order the license
holder to immediately remove the individual from any position allowing direct contact
with persons receiving services from the license holder if:

(1) the individual studied does not submit a timely request for reconsideration
under section 245C.21;

(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section 245C.22;

(3) an individual who has a right to request a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14 for a disqualification that has not been set aside, does
not request a hearing within the specified time; or

(4) an individual submitted a timely request for a hearing under sections 245C.27
and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.

(b) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous, direct supervision when providing direct
contact services, the order remains in effect pending the outcome of a hearing under
sections 245C.27 and 256.045, or 245C.28 and chapter 14.

new text begin (c) For background studies related to family child care, the commissioner shall also
notify the county that initiated the study of the results of the reconsideration.
new text end

Sec. 12. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of human services
for the biennium beginning July 1, 2007, for purposes of completing background studies
for family and group family child care providers under Minnesota Statutes, chapter 245C.
This appropriation shall become part of the base appropriation.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment. Sections 2 to 13 are
effective January 1, 2008.
new text end