1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; making changes to 1.3 licensing provisions and background studies; changing 1.4 provisions for state-operated services in access to 1.5 data, records retention, sharing information, and 1.6 assisting a patient required to register as a 1.7 predatory offender in completing registration forms; 1.8 adding a notification provision for certain patients 1.9 released on pass; adding a provision to abuse 1.10 prevention plans; amending Minnesota Statutes 2004, 1.11 sections 13.46, subdivision 4; 243.166, subdivision 7; 1.12 245A.02, subdivision 17; 245A.03, subdivisions 2, 3; 1.13 245A.035, subdivision 5; 245A.04, subdivisions 7, 13; 1.14 245A.07, subdivisions 1, 3; 245A.08, subdivisions 2a, 1.15 5; 245A.14, by adding subdivisions; 245A.144; 245A.16, 1.16 subdivision 4; 245A.18; 245B.02, subdivision 10; 1.17 245B.055, subdivision 7; 245B.07, subdivision 8; 1.18 245C.03, subdivision 1; 245C.07; 245C.08, subdivisions 1.19 1, 2; 245C.15, subdivisions 1, 2, 3, 4; 245C.17, 1.20 subdivision 2; 245C.21, subdivision 2; 245C.22, 1.21 subdivisions 3, 4; 245C.24, subdivisions 2, 3; 1.22 245C.27, subdivision 1; 245C.28, subdivision 3; 1.23 245C.30, subdivision 2; 246.13; 253B.18, subdivision 1.24 4a; 260B.163, subdivision 6; 260C.163, subdivision 5; 1.25 299C.093; 518.165, by adding subdivisions; 609A.03, 1.26 subdivision 7; 626.556, subdivision 10i; 626.557, 1.27 subdivisions 9d, 14; repealing Minnesota Statutes 1.28 2004, section 246.017, subdivision 1. 1.29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.30 Section 1. Minnesota Statutes 2004, section 13.46, 1.31 subdivision 4, is amended to read: 1.32 Subd. 4. [LICENSING DATA.] (a) As used in this subdivision: 1.33 (1) "licensing data" means all data collected, maintained, 1.34 used, or disseminated by the welfare system pertaining to 1.35 persons licensed or registered or who apply for licensure or 1.36 registration or who formerly were licensed or registered under 1.37 the authority of the commissioner of human services; 2.1 (2) "client" means a person who is receiving services from 2.2 a licensee or from an applicant for licensure; and 2.3 (3) "personal and personal financial data" means Social 2.4 Security numbers, identity of and letters of reference, 2.5 insurance information, reports from the Bureau of Criminal 2.6 Apprehension, health examination reports, and social/home 2.7 studies. 2.8 (b)(1) Except as provided in paragraph (c), the following 2.9 data on current and former licensees are public: name, address, 2.10 telephone number of licensees, date of receipt of a completed 2.11 application, dates of licensure, licensed capacity, type of 2.12 client preferred, variances granted, type of dwelling, name and 2.13 relationship of other family members, previous license history, 2.14 class of license, and the existence and status of complaints. 2.15 When a correction order or fine has been issued, a license is 2.16 suspended, immediately suspended, revoked, denied, or made 2.17 conditional, or a complaint is resolved, the following data on 2.18 current and former licensees are public: the substance and 2.19 investigative findings of the complaint, licensing violation, or 2.20 substantiated maltreatment; the record of informal resolution of 2.21 a licensing violation; orders of hearing; findings of fact; 2.22 conclusions of law; specifications of the final correction 2.23 order, fine, suspension, immediate suspension, revocation, 2.24 denial, or conditional license contained in the record of 2.25 licensing action; and the status of any appeal of these 2.26 actions. When an individual licensee is a substantiated 2.27 perpetrator of maltreatment, and the substantiated maltreatment 2.28 is a reason for the licensing action, the identity of the 2.29 licensee as a perpetrator is public data. For purposes of this 2.30 clause, a person is a substantiated perpetrator if the 2.31 maltreatment determination has been upheld under section 2.32 626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045, 2.33 or an individual or facility has not timely exercised appeal 2.34 rights under these sections. 2.35 (2) For applicants who withdraw their application prior to 2.36 licensure or denial of a license, the following data are 3.1 public: the name of the applicant, the city and county in which 3.2 the applicant was seeking licensure, the dates of the 3.3 commissioner's receipt of the initial application and completed 3.4 application, the type of license sought, and the date of 3.5 withdrawal of the application. 3.6 (3) For applicants who are denied a license, the following 3.7 data are public: the name of the applicant, the city and county 3.8 in which the applicant was seeking licensure, the dates of the 3.9 commissioner's receipt of the initial application and completed 3.10 application, the type of license sought, the date of denial of 3.11 the application, the nature of the basis for the denial, and the 3.12 status of any appeal of the denial. 3.13 (4) The following data on persons subject to 3.14 disqualification under section 245C.14 in connection with a 3.15 license to provide family day care for children, child care 3.16 center services, foster care for children in the provider's 3.17 home, or foster care or day care services for adults in the 3.18 provider's home, are public: the nature of any disqualification 3.19 set aside under section 245C.22, subdivisions 2 and 4, and the 3.20 reasons for setting aside the disqualification; and the reasons 3.21 for granting any variance under section 245A.04, subdivision 9. 3.22 (5) When maltreatment is substantiated under section 3.23 626.556 or 626.557 and the victim and the substantiated 3.24 perpetrator are affiliated with a program licensed under chapter 3.25 245A, the commissioner of human services, local social services 3.26 agency, or county welfare agency may inform the license holder 3.27 where the maltreatment occurred of the identity of the 3.28 substantiated perpetrator and the victim. 3.29 (c) The following are private data on individuals under 3.30 section 13.02, subdivision 12, or nonpublic data under section 3.31 13.02, subdivision 9: personal and personal financial data on 3.32 family day care program and family foster care program 3.33 applicants and licensees and their family members who provide 3.34 services under the license. 3.35 (d) The following are private data on individuals: the 3.36 identity of persons who have made reports concerning licensees 4.1 or applicants that appear in inactive investigative data, and 4.2 the records of clients or employees of the licensee or applicant 4.3 for licensure whose records are received by the licensing agency 4.4 for purposes of review or in anticipation of a contested 4.5 matter. The names of reporters under sections 626.556 and 4.6 626.557 may be disclosed only as provided in section 626.556, 4.7 subdivision 11, or 626.557, subdivision 12b. 4.8 (e) Data classified as private, confidential, nonpublic, or 4.9 protected nonpublic under this subdivision become public data if 4.10 submitted to a court or administrative law judge as part of a 4.11 disciplinary proceeding in which there is a public hearing 4.12 concerning a license which has been suspended, immediately 4.13 suspended, revoked, or denied. 4.14 (f) Data generated in the course of licensing 4.15 investigations that relate to an alleged violation of law are 4.16 investigative data under subdivision 3. 4.17 (g) Data that are not public data collected, maintained, 4.18 used, or disseminated under this subdivision that relate to or 4.19 are derived from a report as defined in section 626.556, 4.20 subdivision 2, or 626.5572, subdivision 18, are subject to the 4.21 destruction provisions of sections 626.556, subdivision 11c, and 4.22 626.557, subdivision 12b. 4.23 (h) Upon request, not public data collected, maintained, 4.24 used, or disseminated under this subdivision that relate to or 4.25 are derived from a report of substantiated maltreatment as 4.26 defined in section 626.556 or 626.557 may be exchanged with the 4.27 Department of Health for purposes of completing background 4.28 studies pursuant to section 144.057 and with the Department of 4.29 Corrections for purposes of completing background studies 4.30 pursuant to section 241.021. 4.31 (i) Data on individuals collected according to licensing 4.32 activities under chapters 245A and 245C, and data on individuals 4.33 collected by the commissioner of human services according to 4.34 maltreatment investigations under sections 626.556 and 626.557, 4.35 may be shared with the Department of Human Rights, the 4.36 Department of Health, the Department of Corrections, the 5.1 Ombudsman for Mental Health and Retardation, and the 5.2 individual's professional regulatory board when there is reason 5.3 to believe that laws or standards under the jurisdiction of 5.4 those agencies may have been violated. 5.5 (j) In addition to the notice of determinations required 5.6 under section 626.556, subdivision 10f, if the commissioner or 5.7 the local social services agency has determined that an 5.8 individual is a substantiated perpetrator of maltreatment of a 5.9 child based on sexual abuse, as defined in section 626.556, 5.10 subdivision 2, and the commissioner or local social services 5.11 agency knows that the individual is a person responsible for a 5.12 child's care in another facility, the commissioner or local 5.13 social services agency shall notify the head of that facility of 5.14 this determination. The notification must include an 5.15 explanation of the individual's available appeal rights and the 5.16 status of any appeal. If a notice is given under this 5.17 paragraph, the government entity making the notification shall 5.18 provide a copy of the notice to the individual who is the 5.19 subject of the notice. 5.20 (k) All not public data collected, maintained, used, or 5.21 disseminated under this subdivision and subdivision 3 may be 5.22 exchanged between the Department of Human Services, Licensing 5.23 Division, and the Department of Corrections for purposes of 5.24 regulating services for which the Department of Human Services 5.25 and the Department of Corrections have regulatory authority. 5.26 Sec. 2. Minnesota Statutes 2004, section 243.166, 5.27 subdivision 7, is amended to read: 5.28 Subd. 7. [USE OFINFORMATIONDATA.] Except as otherwise 5.29 provided in subdivision 7a or sections 244.052 and 299C.093, the 5.30informationdata provided under this section is private data on 5.31 individuals under section 13.02, subdivision 12. The 5.32informationdata may be used only for law enforcement and 5.33 corrections purposes. State-operated services, as defined in 5.34 section 246.014, is also authorized to have access to the data 5.35 for the purposes described in section 246.13, subdivision 2, 5.36 paragraph (c). 6.1 Sec. 3. Minnesota Statutes 2004, section 245A.02, 6.2 subdivision 17, is amended to read: 6.3 Subd. 17. [SCHOOL AGE CHILD CARE PROGRAM.] "School age 6.4 child care program" means a program licensed or required to be 6.5 licensed as a child care center, serving more than ten children 6.6 with the primary purpose of providing child care for school age 6.7 children.School age child care program does not include6.8programs such as scouting, boys clubs, girls clubs, nor sports6.9or art programs.6.10 Sec. 4. Minnesota Statutes 2004, section 245A.03, 6.11 subdivision 2, is amended to read: 6.12 Subd. 2. [EXCLUSION FROM LICENSURE.] (a) This chapter does 6.13 not apply to: 6.14 (1) residential or nonresidential programs that are 6.15 provided to a person by an individual who is related unless the 6.16 residential program is a child foster care placement made by a 6.17 local social services agency or a licensed child-placing agency, 6.18 except as provided in subdivision 2a; 6.19 (2) nonresidential programs that are provided by an 6.20 unrelated individual to persons from a single related family; 6.21 (3) residential or nonresidential programs that are 6.22 provided to adults who do not abuse chemicals or who do not have 6.23 a chemical dependency, a mental illness, mental retardation or a 6.24 related condition, a functional impairment, or a physical 6.25 handicap; 6.26 (4) sheltered workshops or work activity programs that are 6.27 certified by the commissioner of economic security; 6.28 (5) programs operated by a public school for children 33 6.29 months or older; 6.30 (6) nonresidential programs primarily for children that 6.31 provide care or supervision for periods of less than three hours 6.32 a day while the child's parent or legal guardian is in the same 6.33 building as the nonresidential program or present within another 6.34 building that is directly contiguous to the building in which 6.35 the nonresidential program is located; 6.36 (7) nursing homes or hospitals licensed by the commissioner 7.1 of health except as specified under section 245A.02; 7.2 (8) board and lodge facilities licensed by the commissioner 7.3 of health that provide services for five or more persons whose 7.4 primary diagnosis is mental illness that do not provide 7.5 intensive residential treatment; 7.6 (9) homes providing programs for persons placed there by a 7.7 licensed agency for legal adoption, unless the adoption is not 7.8 completed within two years; 7.9 (10) programs licensed by the commissioner of corrections; 7.10 (11) recreation programs for children or adults that are 7.11 operated or approved by a park and recreation board whose 7.12 primary purpose is to provide social and recreational 7.13 activities; 7.14 (12) programs operated by a school as defined in section 7.15 120A.22, subdivision 4, whose primary purpose is to provide 7.16 child care to school-age children; 7.17 (13) Head Start nonresidential programs which operate for 7.18 less than3145 days in each calendar year; 7.19 (14) noncertified boarding care homes unless they provide 7.20 services for five or more persons whose primary diagnosis is 7.21 mental illness or mental retardation; 7.22 (15) programs for children such as scouting, boys clubs, 7.23 girls clubs, and sports and art programs, and nonresidential 7.24 programs for children provided for a cumulative total of less 7.25 than 30 days in any 12-month period; 7.26 (16) residential programs for persons with mental illness, 7.27 that are located in hospitals; 7.28 (17) the religious instruction of school-age children; 7.29 Sabbath or Sunday schools; or the congregate care of children by 7.30 a church, congregation, or religious society during the period 7.31 used by the church, congregation, or religious society for its 7.32 regular worship; 7.33 (18) camps licensed by the commissioner of health under 7.34 Minnesota Rules, chapter 4630; 7.35 (19) mental health outpatient services for adults with 7.36 mental illness or children with emotional disturbance; 8.1 (20) residential programs serving school-age children whose 8.2 sole purpose is cultural or educational exchange, until the 8.3 commissioner adopts appropriate rules; 8.4 (21) unrelated individuals who provide out-of-home respite 8.5 care services to persons with mental retardation or related 8.6 conditions from a single related family for no more than 90 days 8.7 in a 12-month period and the respite care services are for the 8.8 temporary relief of the person's family or legal representative; 8.9 (22) respite care services provided as a home and 8.10 community-based service to a person with mental retardation or a 8.11 related condition, in the person's primary residence; 8.12 (23) community support services programs as defined in 8.13 section 245.462, subdivision 6, and family community support 8.14 services as defined in section 245.4871, subdivision 17; 8.15 (24) the placement of a child by a birth parent or legal 8.16 guardian in a preadoptive home for purposes of adoption as 8.17 authorized by section 259.47; 8.18 (25) settings registered under chapter 144D which provide 8.19 home care services licensed by the commissioner of health to 8.20 fewer than seven adults; or 8.21 (26) consumer-directed community support service funded 8.22 under the Medicaid waiver for persons with mental retardation 8.23 and related conditions when the individual who provided the 8.24 service is: 8.25 (i) the same individual who is the direct payee of these 8.26 specific waiver funds or paid by a fiscal agent, fiscal 8.27 intermediary, or employer of record; and 8.28 (ii) not otherwise under the control of a residential or 8.29 nonresidential program that is required to be licensed under 8.30 this chapter when providing the service. 8.31 (b) For purposes of paragraph (a), clause (6), a building 8.32 is directly contiguous to a building in which a nonresidential 8.33 program is located if it shares a common wall with the building 8.34 in which the nonresidential program is located or is attached to 8.35 that building by skyway, tunnel, atrium, or common roof. 8.36 (c) Nothing in this chapter shall be construed to require 9.1 licensure for any services provided and funded according to an 9.2 approved federal waiver plan where licensure is specifically 9.3 identified as not being a condition for the services and funding. 9.4 Sec. 5. Minnesota Statutes 2004, section 245A.03, 9.5 subdivision 3, is amended to read: 9.6 Subd. 3. [UNLICENSED PROGRAMS.] (a) It is a misdemeanor 9.7 for an individual, corporation, partnership, voluntary 9.8 association, other organization, or a controlling individual to 9.9 provide a residential or nonresidential program without a 9.10 license and in willful disregard of this chapter unless the 9.11 program is excluded from licensure under subdivision 2. 9.12 (b) The commissioner may ask the appropriate county 9.13 attorney or the attorney general to begin proceedings to secure 9.14 a court order against the continued operation of the program, if 9.15 an individual, corporation, partnership, voluntary association, 9.16 other organization, or controlling individual has: 9.17 (1) failed to apply for a license after receiving notice 9.18 that a license is required or continues to operate without a 9.19 license after receiving notice that a license is required; 9.20 (2) continued to operate without a license after the 9.21 license has been revoked or suspended under section 245A.07, and 9.22 the commissioner has issued a final order affirming the 9.23 revocation or suspension, or the license holder did not timely 9.24 appeal the sanction; or 9.25 (3) continued to operate without a license after the 9.26 license has been temporarily suspended under section 245A.07. 9.27 The county attorney and the attorney general have a duty to 9.28 cooperate with the commissioner. 9.29 Sec. 6. Minnesota Statutes 2004, section 245A.035, 9.30 subdivision 5, is amended to read: 9.31 Subd. 5. [CHILD FOSTER CARE LICENSE APPLICATION.] (a) The 9.32 emergency license holder shall complete the child foster care 9.33 license application and necessary paperwork within ten days of 9.34 the placement. The county agency shall assist the emergency 9.35 license holder to complete the application. The granting of a 9.36 child foster care license to a relative shall be under the 10.1 procedures in this chapter and according to the standards set 10.2 forth by foster care rule. In licensing a relative, the 10.3 commissioner shall consider the importance of maintaining the 10.4 child's relationship with relatives as an additional significant 10.5 factor in determining whether to set aside a licensing 10.6 disqualifier under section 245C.22, or to grant a variance of 10.7 licensing requirements under sections 245C.21 to 245C.27. 10.8 (b) When the county or private child placing agency is 10.9 processing an application for child foster care licensure of a 10.10 relative as defined in sections 260B.007, subdivision 12, or 10.11 260C.007, subdivision 27, the county agency or child placing 10.12 agency must explain the licensing process, including the 10.13 background study process and the procedure for reconsideration 10.14 of an initial disqualification for licensure. The county or 10.15 private child placing agency must also ask the prospective 10.16 relative licensee if the prospective licensee would like legal 10.17 assistance and assistance with a referral for legal services, 10.18 and if so, consult with the county attorney about the most 10.19 appropriate lawyer referral service for the area. 10.20 Sec. 7. Minnesota Statutes 2004, section 245A.04, 10.21 subdivision 7, is amended to read: 10.22 Subd. 7. [ISSUANCE OF A LICENSE; EXTENSION OF A LICENSE.] 10.23 (a) If the commissioner determines that the program complies 10.24 with all applicable rules and laws, the commissioner shall issue 10.25 a license. At minimum, the license shall state: 10.26 (1) the name of the license holder; 10.27 (2) the address of the program; 10.28 (3) the effective date and expiration date of the license; 10.29 (4) the type of license; 10.30 (5) the maximum number and ages of persons that may receive 10.31 services from the program; and 10.32 (6) any special conditions of licensure. 10.33 (b) The commissioner may issue an initial license for a 10.34 period not to exceed two years if: 10.35 (1) the commissioner is unable to conduct the evaluation or 10.36 observation required by subdivision 4, paragraph (a), clauses (3) 11.1 and (4), because the program is not yet operational; 11.2 (2) certain records and documents are not available because 11.3 persons are not yet receiving services from the program; and 11.4 (3) the applicant complies with applicable laws and rules 11.5 in all other respects. 11.6 (c) A decision by the commissioner to issue a license does 11.7 not guarantee that any person or persons will be placed or cared 11.8 for in the licensed program. A license shall not be 11.9 transferable to another individual, corporation, partnership, 11.10 voluntary association, other organization, or controlling or to 11.11 another location. 11.12 (d) A license holder must notify the commissioner and 11.13 obtain the commissioner's approval before making any changes 11.14 that would alter the license information listed under paragraph 11.15 (a). 11.16 (e) The commissioner shall not issue a license if the 11.17 applicant, license holder, or controlling individual has: 11.18 (1) been disqualified and the disqualification was not set 11.19 aside; 11.20 (2) has been denied a license within the past two years; or 11.21 (3) had a license revoked within the past five years. 11.22 (f) The commissioner shall not issue a license if an 11.23 individual living in the household where the licensed services 11.24 will be provided as specified under section 245C.03, subdivision 11.25 1, has been disqualified and the disqualification has not been 11.26 set aside. 11.27 For purposes of reimbursement for meals only, under the 11.28 Child and Adult Care Food Program, Code of Federal Regulations, 11.29 title 7, subtitle B, chapter II, subchapter A, part 226, 11.30 relocation within the same county by a licensed family day care 11.31 provider, shall be considered an extension of the license for a 11.32 period of no more than 30 calendar days or until the new license 11.33 is issued, whichever occurs first, provided the county agency 11.34 has determined the family day care provider meets licensure 11.35 requirements at the new location. 11.36 Unless otherwise specified by statute, all licenses expire 12.1 at 12:01 a.m. on the day after the expiration date stated on the 12.2 license. A license holder must apply for and be granted a new 12.3 license to operate the program or the program must not be 12.4 operated after the expiration date. 12.5 Sec. 8. Minnesota Statutes 2004, section 245A.04, 12.6 subdivision 13, is amended to read: 12.7 Subd. 13. [RESIDENTIAL PROGRAMSHANDLINGRESIDENTFUNDS 12.8 AND PROPERTY; ADDITIONAL REQUIREMENTS.] (a) A license holder 12.9 must ensure thatresidentspersons served by the program retain 12.10 the use and availability of personal funds or property unless 12.11 restrictions are justified in theresident'sperson's individual 12.12 plan. This subdivision does not apply to programs governed by 12.13 the provisions in section 245B.07, subdivision 10. 12.14 (b) The license holder must ensure separation ofresident12.15 funds of persons served by the program from funds of the license 12.16 holder, theresidentialprogram, or program staff. 12.17 (c) Whenever the license holder assists aresidentperson 12.18 served by the program with the safekeeping of funds or other 12.19 property, the license holder must: 12.20 (1) immediately document receipt and disbursement of the 12.21resident'sperson's funds or other property at the time of 12.22 receipt or disbursement, including the person's signatureof the12.23resident, or the signature of the conservator,or payee; and 12.24 (2)provide a statement, at least quarterly, itemizing12.25receipts and disbursements of resident funds or other property;12.26and12.27(3)return to theresidentperson upon the 12.28resident'sperson's request, funds and property in the license 12.29 holder's possession subject to restrictions in theresident's12.30 person's treatment plan, as soon as possible, but no later than 12.31 three working days after the date of request. 12.32 (d) License holders and program staff must not: 12.33 (1) borrow money from aresidentperson served by the 12.34 program; 12.35 (2) purchase personal items from aresidentperson served 12.36 by the program; 13.1 (3) sell merchandise or personal services to aresident13.2 person served by the program; 13.3 (4) require aresidentperson served by the program to 13.4 purchase items for which the license holder is eligible for 13.5 reimbursement; or 13.6 (5) useresidentfunds of persons served by the program to 13.7 purchase items for which the facility is already receiving 13.8 public or private payments. 13.9 Sec. 9. Minnesota Statutes 2004, section 245A.07, 13.10 subdivision 1, is amended to read: 13.11 Subdivision 1. [SANCTIONS AVAILABLE; APPEALS; TEMPORARY 13.12 PROVISIONAL LICENSE.] (a) In addition to making a license 13.13 conditional under section 245A.06, the commissioner may propose 13.14 to suspend or revoke the license, impose a fine, or secure an 13.15 injunction against the continuing operation of the program of a 13.16 license holder who does not comply with applicable law or rule. 13.17 When applying sanctions authorized under this section, the 13.18 commissioner shall consider the nature, chronicity, or severity 13.19 of the violation of law or rule and the effect of the violation 13.20 on the health, safety, or rights of persons served by the 13.21 program. 13.22 (b) If a license holder appeals the suspension or 13.23 revocation of a license and the license holder continues to 13.24 operate the program pending a final order on the appeal, and the 13.25 license expires during this time period, the commissioner shall 13.26 issue the license holder a temporary provisional license. The 13.27 temporary provisional license is effective on the date issued 13.28 and expires on the date that a final order is issued. Unless 13.29 otherwise specified by the commissioner, variances in effect on 13.30 the date of the license sanction under appeal continue under the 13.31 temporary provisional license. If a license holder fails to 13.32 comply with applicable law or rule while operating under a 13.33 temporary provisional license, the commissioner may impose 13.34 sanctions under this section and section 245A.06, and may 13.35 terminate any prior variance. If the license holder prevails on 13.36 the appeal and the effective period of the previous license has 14.1 expired, a new license shall be issued to the license holder 14.2 upon payment of any fee required under section 245A.10. The 14.3 effective date of the new license shall be retroactive to the 14.4 date the license would have shown had no sanction been 14.5 initiated. The expiration date shall be the expiration date of 14.6 that license had no license sanction been initiated. 14.7 (c) If a license holder is under investigation and the 14.8 license is due to expire before completion of the investigation, 14.9 the program shall be issued a new license upon completion of the 14.10 reapplication requirements. Upon completion of the 14.11 investigation, a licensing sanction may be imposed against the 14.12 new license under this section, section 245A.06, or 245A.08. 14.13 (d) Failure to reapply or closure of a license by the 14.14 license holder prior to the completion of any investigation 14.15 shall not preclude the commissioner from issuing a licensing 14.16 sanction under this section, section 245A.06, or 245A.08 at the 14.17 conclusion of the investigation. 14.18 Sec. 10. Minnesota Statutes 2004, section 245A.07, 14.19 subdivision 3, is amended to read: 14.20 Subd. 3. [LICENSE SUSPENSION, REVOCATION, OR FINE.] (a) 14.21 The commissioner may suspend or revoke a license, or impose a 14.22 fine if a license holder fails to comply fully with applicable 14.23 laws or rules, if a license holder or an individual living in 14.24 the household where the licensed services are provided has a 14.25 disqualification which has not been set aside under section 14.26 245C.22, or if a license holder knowingly withholds relevant 14.27 information from or gives false or misleading information to the 14.28 commissioner in connection with an application for a license, in 14.29 connection with the background study status of an individual, or 14.30 during an investigation. A license holder who has had a license 14.31 suspended, revoked, or has been ordered to pay a fine must be 14.32 given notice of the action by certified mail or personal 14.33 service. If mailed, the notice must be mailed to the address 14.34 shown on the application or the last known address of the 14.35 license holder. The notice must state the reasons the license 14.36 was suspended, revoked, or a fine was ordered. 15.1(a)(b) If the license was suspended or revoked, the notice 15.2 must inform the license holder of the right to a contested case 15.3 hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 15.4 1400.8612. The license holder may appeal an order suspending or 15.5 revoking a license. The appeal of an order suspending or 15.6 revoking a license must be made in writing by certified mail or 15.7 personal service. If mailed, the appeal must be postmarked and 15.8 sent to the commissioner within ten calendar days after the 15.9 license holder receives notice that the license has been 15.10 suspended or revoked. If a request is made by personal service, 15.11 it must be received by the commissioner within ten calendar days 15.12 after the license holder received the order. Except as provided 15.13 in subdivision 2a, paragraph (c), a timely appeal of an order 15.14 suspending or revoking a license shall stay the suspension or 15.15 revocation until the commissioner issues a final order. 15.16(b)(c)(1) If the license holder was ordered to pay a fine, 15.17 the notice must inform the license holder of the responsibility 15.18 for payment of fines and the right to a contested case hearing 15.19 under chapter 14 and Minnesota Rules, parts 1400.8505 to 15.20 1400.8612. The appeal of an order to pay a fine must be made in 15.21 writing by certified mail or personal service. If mailed, the 15.22 appeal must be postmarked and sent to the commissioner within 15.23 ten calendar days after the license holder receives notice that 15.24 the fine has been ordered. If a request is made by personal 15.25 service, it must be received by the commissioner within ten 15.26 calendar days after the license holder received the order. 15.27 (2) The license holder shall pay the fines assessed on or 15.28 before the payment date specified. If the license holder fails 15.29 to fully comply with the order, the commissioner may issue a 15.30 second fine or suspend the license until the license holder 15.31 complies. If the license holder receives state funds, the 15.32 state, county, or municipal agencies or departments responsible 15.33 for administering the funds shall withhold payments and recover 15.34 any payments made while the license is suspended for failure to 15.35 pay a fine. A timely appeal shall stay payment of the fine 15.36 until the commissioner issues a final order. 16.1 (3) A license holder shall promptly notify the commissioner 16.2 of human services, in writing, when a violation specified in the 16.3 order to forfeit a fine is corrected. If upon reinspection the 16.4 commissioner determines that a violation has not been corrected 16.5 as indicated by the order to forfeit a fine, the commissioner 16.6 may issue a second fine. The commissioner shall notify the 16.7 license holder by certified mail or personal service that a 16.8 second fine has been assessed. The license holder may appeal 16.9 the second fine as provided under this subdivision. 16.10 (4) Fines shall be assessed as follows: the license holder 16.11 shall forfeit $1,000 for each determination of maltreatment of a 16.12 child under section 626.556 or the maltreatment of a vulnerable 16.13 adult under section 626.557; the license holder shall forfeit 16.14 $200 for each occurrence of a violation of law or rule governing 16.15 matters of health, safety, or supervision, including but not 16.16 limited to the provision of adequate staff-to-child or adult 16.17 ratios, and failure to submit a background study; and the 16.18 license holder shall forfeit $100 for each occurrence of a 16.19 violation of law or rule other than those subject to a $1,000 or 16.20 $200 fine above. For purposes of this section, "occurrence" 16.21 means each violation identified in the commissioner's fine order. 16.22 (5) When a fine has been assessed, the license holder may 16.23 not avoid payment by closing, selling, or otherwise transferring 16.24 the licensed program to a third party. In such an event, the 16.25 license holder will be personally liable for payment. In the 16.26 case of a corporation, each controlling individual is personally 16.27 and jointly liable for payment. 16.28 Sec. 11. Minnesota Statutes 2004, section 245A.08, 16.29 subdivision 2a, is amended to read: 16.30 Subd. 2a. [CONSOLIDATED CONTESTED CASE HEARINGS FOR 16.31 SANCTIONS BASED ON MALTREATMENT DETERMINATIONS AND 16.32 DISQUALIFICATIONS.] (a) When a denial of a license under section 16.33 245A.05 or a licensing sanction under section 245A.07, 16.34 subdivision 3, is based on a disqualification for which 16.35 reconsideration was requested and which was not set aside under 16.36 section 245C.22, the scope of the contested case hearing shall 17.1 include the disqualification and the licensing sanction or 17.2 denial of a license. When the licensing sanction or denial of a 17.3 license is based on a determination of maltreatment under 17.4 section 626.556 or 626.557, or a disqualification for serious or 17.5 recurring maltreatment which was not set aside, the scope of the 17.6 contested case hearing shall include the maltreatment 17.7 determination, disqualification, and the licensing sanction or 17.8 denial of a license. In such cases, a fair hearing under 17.9 section 256.045 shall not be conducted as provided for in 17.10 sections 626.556, subdivision 10i, and 626.557, subdivision 9d. 17.11 When a fine is based on a determination that the license holder 17.12 is responsible for maltreatment and the fine is issued at the 17.13 same time as the maltreatment determination, if the license 17.14 holder appeals the maltreatment and fine, the scope of the 17.15 contested case hearing shall include the maltreatment 17.16 determination and fine and reconsideration of the maltreatment 17.17 determination shall not be conducted as provided for in sections 17.18 626.556, subdivision 10i, and 626.557, subdivision 9d. 17.19 (b) In consolidated contested case hearings regarding 17.20 sanctions issued in family child care, child foster care, family 17.21 adult day services, and adult foster care, the county attorney 17.22 shall defend the commissioner's orders in accordance with 17.23 section 245A.16, subdivision 4. 17.24 (c) The commissioner's final order under subdivision 5 is 17.25 the final agency action on the issue of maltreatment and 17.26 disqualification, including for purposes of subsequent 17.27 background studies under chapter 245C and is the only 17.28 administrative appeal of the final agency determination, 17.29 specifically, including a challenge to the accuracy and 17.30 completeness of data under section 13.04. 17.31 (d) When consolidated hearings under this subdivision 17.32 involve a licensing sanction based on a previous maltreatment 17.33 determination for which the commissioner has issued a final 17.34 order in an appeal of that determination under section 256.045, 17.35 or the individual failed to exercise the right to appeal the 17.36 previous maltreatment determination under section 626.556, 18.1 subdivision 10i, or 626.557, subdivision 9d, the commissioner's 18.2 order is conclusive on the issue of maltreatment. In such 18.3 cases, the scope of the administrative law judge's review shall 18.4 be limited to the disqualification and the licensing sanction or 18.5 denial of a license. In the case of a denial of a license or a 18.6 licensing sanction issued to a facility based on a maltreatment 18.7 determination regarding an individual who is not the license 18.8 holder or a household member, the scope of the administrative 18.9 law judge's review includes the maltreatment determination. 18.10 (e) If a maltreatment determination or disqualification, 18.11 which was not set aside under section 245C.22, is the basis for 18.12 a denial of a license under section 245A.05 or a licensing 18.13 sanction under section 245A.07, and the disqualified subject is 18.14 an individual other than the license holder and upon whom a 18.15 background study must be conducted under section 245C.03, the 18.16 hearings of all parties may be consolidated into a single 18.17 contested case hearing upon consent of all parties and the 18.18 administrative law judge. 18.19 (f) Notwithstanding section 245C.27, subdivision 1, 18.20 paragraph (c), when a denial of a license under section 245A.05 18.21 or a licensing sanction under section 245A.07 is based on a 18.22 disqualification for which reconsideration was requested and was 18.23 not set aside under section 245C.22, and the disqualification 18.24 was based on a conviction or an admission to any crimes listed 18.25 in section 245C.15, the scope of the administrative law judge's 18.26 review shall include the denial or sanction and a determination 18.27 whether the disqualification should be set aside. In 18.28 determining whether the disqualification should be set aside, 18.29 the administrative law judge shall consider the factors under 18.30 section 245C.22, subdivision 4, to determine whether the 18.31 individual poses a risk of harm to any person receiving services 18.32 from the license holder. 18.33 (g) Notwithstanding section 245C.30, subdivision 5, when a 18.34 licensing sanction under section 245A.07 is based on the 18.35 termination of a variance under section 245C.30, subdivision 4, 18.36 the scope of the administrative law judge's review shall include 19.1 the sanction and a determination whether the disqualification 19.2 should be set aside. In determining whether the 19.3 disqualification should be set aside, the administrative law 19.4 judge shall consider the factors under section 245C.22, 19.5 subdivision 4, to determine whether the individual poses a risk 19.6 of harm to any person receiving services from the license holder. 19.7 Sec. 12. Minnesota Statutes 2004, section 245A.08, 19.8 subdivision 5, is amended to read: 19.9 Subd. 5. [NOTICE OF THE COMMISSIONER'S FINAL ORDER.] After 19.10 considering the findings of fact, conclusions, and 19.11 recommendations of the administrative law judge, the 19.12 commissioner shall issue a final order. The commissioner shall 19.13 consider, but shall not be bound by, the recommendations of the 19.14 administrative law judge. The appellant must be notified of the 19.15 commissioner's final order as required by chapter 14 and 19.16 Minnesota Rules, parts 1400.8505 to 1400.8612. The notice must 19.17 also contain information about the appellant's rights under 19.18 chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. 19.19 The institution of proceedings for judicial review of the 19.20 commissioner's final order shall not stay the enforcement of the 19.21 final order except as provided in section 14.65. 19.22 Subd. 5a. [EFFECT OF FINAL ORDER ON GRANTING A SUBSEQUENT 19.23 LICENSE.] (a) A license holder and each controlling individual 19.24 of a license holder whose license has been revoked because of 19.25 noncompliance with applicable law or rule must not be granted a 19.26 license for five years following the 19.27 revocation. Notwithstanding the five-year restriction, when a 19.28 license is revoked because a person, other than the license 19.29 holder, resides in the home where services are provided and that 19.30 person has a disqualification that is not set aside and no 19.31 variance has been granted, the former license holder may reapply 19.32 for a license when: 19.33 (1) the person with a disqualification, who is not a minor 19.34 child, is no longer residing in the home and is prohibited from 19.35 residing in or returning to the home; or 19.36 (2) a minor child, who was the disqualified person who was 20.1 the subject of the license revocation, becomes an adult and 20.2 permanently moves from the former license holder's home or five 20.3 years have passed since the disqualification, whichever is less. 20.4 (b) An applicant whose application was denied must not be 20.5 granted a license for two years following a denial, unless the 20.6 applicant's subsequent application contains new information 20.7 which constitutes a substantial change in the conditions that 20.8 caused the previous denial. 20.9 Sec. 13. Minnesota Statutes 2004, section 245A.14, is 20.10 amended by adding a subdivision to read: 20.11 Subd. 12. [FIRST AID TRAINING REQUIREMENTS FOR STAFF IN 20.12 CHILD CARE CENTERS.] Notwithstanding Minnesota Rules, part 20.13 9503.0035, subpart 2, first aid training may be less than eight 20.14 hours and persons qualified to provide first aid training shall 20.15 include individuals approved as first aid instructors. 20.16 Sec. 14. Minnesota Statutes 2004, section 245A.14, is 20.17 amended by adding a subdivision to read: 20.18 Subd. 13. [CARDIOPULMONARY RESUSCITATION (CPR) TRAINING 20.19 REQUIREMENT.] (a) When children are present in a child care 20.20 center governed by Minnesota Rules, parts 9503.0005 to 20.21 9503.0170, or in a family child care home governed by Minnesota 20.22 Rules, parts 9502.0315 to 9502.0445, at least one staff person 20.23 must be present in the center or home who as been trained in 20.24 cardiopulmonary resuscitation (CPR) and in the treatment of 20.25 obstructed airways. The CPR training must have been provided by 20.26 an individual approved to provide CPR instruction, must be 20.27 repeated at least once every three years, and must be documented 20.28 in the staff person's records. 20.29 (b) Notwithstanding Minnesota Rules, part 9503.0035, 20.30 subpart 3, item A, cardiopulmonary resuscitation training may be 20.31 provided for less than four hours. 20.32 (c) Notwithstanding Minnesota Rules, part 9503.0035, 20.33 subpart 3, item C, persons qualified to provide cardiopulmonary 20.34 resuscitation training shall include individuals approved as 20.35 cardiopulmonary resuscitation instructors. 20.36 [EFFECTIVE DATE.] This section is effective January 1, 2006. 21.1 Sec. 15. Minnesota Statutes 2004, section 245A.144, is 21.2 amended to read: 21.3 245A.144 [REDUCTION OF RISK OF SUDDEN INFANT DEATH SYNDROME 21.4 AND SHAKEN BABY SYNDROME IN CHILD CARE AND CHILD FOSTER CARE 21.5 PROGRAMS.] 21.6 (a) License holders mustensuredocument that before staff 21.7 persons, caregivers, and helpers assist in the care of infants, 21.8 they receive training on reducing the risk of sudden infant 21.9 death syndrome and shaken baby syndrome. The training on 21.10 reducing the risk of sudden infant death syndrome and shaken 21.11 baby syndrome may be provided as: 21.12 (1) orientation training to child care center staff under 21.13 Minnesota Rules, part 9503.0035, subpart 1,asand to child 21.14 foster care providers, who care for infants, under Minnesota 21.15 Rules, part 2960.3070, subpart 1; 21.16 (2) initial training to family and group family child care 21.17 providers under Minnesota Rules, part 9502.0385, subpart 2, as; 21.18 (3) in-service training to child care center staff under 21.19 Minnesota Rules, part 9503.0035, subpart 4, and to child foster 21.20 care providers, who care for infants, under Minnesota Rules, 21.21 part 2960.3070, subpart 2; oras21.22 (4) ongoing training to family and group family child care 21.23 providers under Minnesota Rules, part 9502.0385, subpart 3. 21.24 (b) Training required under this section must be at least 21.25 one hour in length and must be completed at least once every 21.26 five years. At a minimum, the training must address the risk 21.27 factors related to sudden infant death syndrome and shaken baby 21.28 syndrome, means of reducing the risk of sudden infant death 21.29 syndrome and shaken baby syndrome in child care, and license 21.30 holder communication with parents regarding reducing the risk of 21.31 sudden infant death syndrome and shaken baby syndrome. 21.32 (c) Training for family and group family child care 21.33 providers must be approved by the county licensing agency 21.34 according to Minnesota Rules, part 9502.0385. 21.35 (d) Training for child foster care providers must be 21.36 approved by the county licensing agency and fulfills, in part, 22.1 training required under Minnesota Rules, part 2960.3070. 22.2 [EFFECTIVE DATE.] This section is effective January 1, 2006. 22.3 Sec. 16. Minnesota Statutes 2004, section 245A.16, 22.4 subdivision 4, is amended to read: 22.5 Subd. 4. [ENFORCEMENT OFTHECOMMISSIONER'S ORDERS.] The 22.6 county or private agency shall enforce the commissioner's orders 22.7 under sections 245A.07, 245A.08, subdivision 5, and chapter 22.8 245C, according to the instructions of the commissioner. The 22.9 county attorney shall assist the county agency in the 22.10 enforcement and defense of the commissioner's orders under 22.11 sections 245A.07, 245A.08, and chapter 245C, according to the 22.12 instructions of the commissioner, unless a conflict of interest 22.13 exists between the county attorney and the commissioner. For 22.14 purposes of this section, a conflict of interest means that the 22.15 county attorney has a direct or shared financial interest with 22.16 the license holder or has a personal relationship or family 22.17 relationship with a party in the licensing action. 22.18 Sec. 17. Minnesota Statutes 2004, section 245A.18, is 22.19 amended to read: 22.20 245A.18 [SEAT BELT USE REQUIREDCHILD PASSENGER RESTRAINT 22.21 SYSTEMS; TRAINING REQUIREMENT.] 22.22 Subdivision 1. [SEAT BELT USE.](a)When anonresidential22.23 license holder provides or arranges for transportation for 22.24 children served by the license holder,children four years old22.25and older must be restrained by a properly adjusted and fastened22.26seat belt and children under age four must be properly fastened22.27in a child passenger restraint system meeting federal motor22.28vehicle safety standards. A child passenger restraint system is22.29not required for a child who, in the judgment of a licensed22.30physician, cannot be safely transported in a child passenger22.31restraint system because of a medical condition, body size, or22.32physical disability, if the license holder possesses a written22.33statement from the physician that satisfies the requirements in22.34section 169.685, subdivision 6, paragraph (b).22.35(b) Paragraph (a) does not apply to transportation of22.36children in a school bus inspected under section 169.451 that23.1has a gross vehicle weight rating of more than 10,000 pounds, is23.2designed for carrying more than ten persons, and was23.3manufactured after 1977the license holder must comply with all 23.4 seat belt and child passenger restraint system requirements 23.5 under section 169.685. 23.6 Subd. 2. [CHILD PASSENGER RESTRAINT SYSTEMS TRAINING 23.7 REQUIREMENTS.] (a) Family and group family child care, child 23.8 care centers, child foster care, and other programs licensed by 23.9 the Department of Human Services that serve a child or children 23.10 under nine years of age must document training that fulfills the 23.11 requirements in this subdivision. 23.12 (b) Before a license holder, staff person, caregiver, or 23.13 helper transports a child or children under nine years of age in 23.14 a motor vehicle, the person transporting the child must 23.15 satisfactorily complete training on the proper use and 23.16 installation of child restraint systems in motor vehicles. 23.17 Training completed under this section may be used to meet 23.18 initial or ongoing training under the following: 23.19 (1) Minnesota Rules, part 2960.3070, subparts 1 and 2; 23.20 (2) Minnesota Rules, part 9502.0385, subparts 2 and 3; and 23.21 (3) Minnesota Rules, part 9503.0035, subparts 1 and 4. 23.22 (c) Training required under this section must be at least 23.23 one hour in length, completed at orientation or initial 23.24 training, and repeated at least once every five years. At a 23.25 minimum, the training must address the proper use of child 23.26 restraint systems based on the child's size, weight, and age, 23.27 and the proper installation of a car seat or booster seat in the 23.28 motor vehicle used by the license holder to transport the child 23.29 or children. 23.30 (d) Training under paragraph (c) must be provided by 23.31 individuals who are certified and approved by the Department of 23.32 Public Safety, Office of Traffic Safety. License holders may 23.33 obtain a list of certified and approved trainers through the 23.34 Department of Public Safety Web site or by contacting the agency. 23.35 [EFFECTIVE DATE.] This section is effective January 1, 2006. 23.36 Sec. 18. Minnesota Statutes 2004, section 245B.02, 24.1 subdivision 10, is amended to read: 24.2 Subd. 10. [INCIDENT.] "Incident" means any of the 24.3 following: 24.4 (1) serious injury as determined by section 245.91, 24.5 subdivision 6; 24.6 (2) a consumer's death; 24.7 (3) any medical emergencies, unexpected serious illnesses, 24.8 or accidents that require physician treatment or 24.9 hospitalization; 24.10 (4) a consumer's unauthorized absence; 24.11 (5) any fires or other events that require the relocation 24.12 of services for more than 24 hours, or circumstances involving a 24.13 law enforcement agency or fire department related to the health, 24.14 safety, or supervision of a consumer; 24.15 (6) physical aggression by a consumer against another 24.16 consumer that causes physical pain, injury, or persistent 24.17 emotional distress, including, but not limited to, hitting, 24.18 slapping, kicking, scratching, pinching, biting, pushing, and 24.19 spitting; 24.20 (7) any sexual activity between consumers involving force 24.21 or coercion as defined under section 609.341, subdivisions 3 and 24.22 14; or 24.23 (8) a report of child or vulnerable adult maltreatment 24.24 under section 626.556 or 626.557. 24.25 Sec. 19. Minnesota Statutes 2004, section 245B.055, 24.26 subdivision 7, is amended to read: 24.27 Subd. 7. [DETERMINING NUMBER OF DIRECT SERVICE STAFF 24.28 REQUIRED.] The minimum number of direct service staff members 24.29 required at any one time to meet the combined staff ratio 24.30 requirements of the persons present at that time can be 24.31 determined by following the steps in clauses (1) through (4): 24.32 (1) assign each person in attendance the three-digit 24.33 decimal below that corresponds to the staff ratio requirement 24.34 assigned to that person. A staff ratio requirement of one to 24.35 four equals 0.250. A staff ratio requirement of one to eight 24.36 equals 0.125. A staff ratio requirement of one to six equals 25.1 0.166. A staff ratio requirement of one to ten equals 0.100; 25.2 (2) add all of the three-digit decimals (one three-digit 25.3 decimal for every person in attendance) assigned in clause (1); 25.4 (3) when the sum in clause (2) falls between two whole 25.5 numbers, round off the sum to the larger of the two whole 25.6 numbers; and 25.7 (4) the larger of the two whole numbers in clause (3) 25.8 equals the number of direct service staff members needed to meet 25.9 the staff ratio requirements of the persons in attendance. 25.10 Sec. 20. Minnesota Statutes 2004, section 245B.07, 25.11 subdivision 8, is amended to read: 25.12 Subd. 8. [POLICIES AND PROCEDURES.] The license holder 25.13 must develop and implement the policies and procedures in 25.14 paragraphs (1) to (3). 25.15 (1) Policies and procedures that promote consumer health 25.16 and safety by ensuring: 25.17 (i) consumer safety in emergency situationsas identified25.18in section 245B.05, subdivision 7; 25.19 (ii) consumer health through sanitary practices; 25.20 (iii) safe transportation, when the license holder is 25.21 responsible for transportation of consumers, with provisions for 25.22 handling emergency situations; 25.23 (iv) a system of record keeping for both individuals and 25.24 the organization, for review of incidents and emergencies, and 25.25 corrective action if needed; 25.26 (v) a plan for responding to all incidents, as defined in 25.27 section 245B.02, subdivision 10,fires, severe weather and25.28natural disasters, bomb threats, and other threatsand reporting 25.29 all incidents required to be reported under section 245B.05, 25.30 subdivision 7; 25.31 (vi) safe medication administration as identified in 25.32 section 245B.05, subdivision 5, incorporating an observed skill 25.33 assessment to ensure that staff demonstrate the ability to 25.34 administer medications consistent with the license holder's 25.35 policy and procedures; 25.36 (vii) psychotropic medication monitoring when the consumer 26.1 is prescribed a psychotropic medication, including the use of 26.2 the psychotropic medication use checklist. If the 26.3 responsibility for implementing the psychotropic medication use 26.4 checklist has not been assigned in the individual service plan 26.5 and the consumer lives in a licensed site, the residential 26.6 license holder shall be designated; and 26.7 (viii) criteria for admission or service initiation 26.8 developed by the license holder;. 26.9 (2) Policies and procedures that protect consumer rights 26.10 and privacy by ensuring: 26.11 (i) consumer data privacy, in compliance with the Minnesota 26.12 Data Practices Act, chapter 13; and 26.13 (ii) that complaint procedures provide consumers with a 26.14 simple process to bring grievances and consumers receive a 26.15 response to the grievance within a reasonable time period. The 26.16 license holder must provide a copy of the program's grievance 26.17 procedure and time lines for addressing grievances. The 26.18 program's grievance procedure must permit consumers served by 26.19 the program and the authorized representatives to bring a 26.20 grievance to the highest level of authority in the program; and. 26.21 (3) Policies and procedures that promote continuity and 26.22 quality of consumer supports by ensuring: 26.23 (i) continuity of care and service coordination, including 26.24 provisions for service termination, temporary service 26.25 suspension, and efforts made by the license holder to coordinate 26.26 services with other vendors who also provide support to the 26.27 consumer. The policy must include the following requirements: 26.28 (A) the license holder must notify the consumer or 26.29 consumer's legal representative and the consumer's case manager 26.30 in writing of the intended termination or temporary service 26.31 suspension and the consumer's right to seek a temporary order 26.32 staying the termination or suspension of service according to 26.33 the procedures in section 256.045, subdivision 4a or subdivision 26.34 6, paragraph (c); 26.35 (B) notice of the proposed termination of services, 26.36 including those situations that began with a temporary service 27.1 suspension, must be given at least 60 days before the proposed 27.2 termination is to become effective; 27.3 (C) the license holder must provide information requested 27.4 by the consumer or consumer's legal representative or case 27.5 manager when services are temporarily suspended or upon notice 27.6 of termination; 27.7 (D) use of temporary service suspension procedures are 27.8 restricted to situations in which the consumer's behavior causes 27.9 immediate and serious danger to the health and safety of the 27.10 individual or others; 27.11 (E) prior to giving notice of service termination or 27.12 temporary service suspension, the license holder must document 27.13 actions taken to minimize or eliminate the need for service 27.14 termination or temporary service suspension; and 27.15 (F) during the period of temporary service suspension, the 27.16 license holder will work with the appropriate county agency to 27.17 develop reasonable alternatives to protect the individual and 27.18 others; and 27.19 (ii) quality services measured through a program evaluation 27.20 process including regular evaluations of consumer satisfaction 27.21 and sharing the results of the evaluations with the consumers 27.22 and legal representatives. 27.23 Sec. 21. Minnesota Statutes 2004, section 245C.03, 27.24 subdivision 1, is amended to read: 27.25 Subdivision 1. [LICENSED PROGRAMS.] (a) The commissioner 27.26 shall conduct a background study on: 27.27 (1) the person or persons applying for a license; 27.28 (2) an individual age 13 and over living in the household 27.29 where the licensed program will be provided; 27.30 (3) current employees or contractors of the applicant who 27.31 will have direct contact with persons served by the facility, 27.32 agency, or program; 27.33 (4) volunteers or student volunteers who will have direct 27.34 contact with persons served by the program to provide program 27.35 services if the contact is not under the continuous, direct 27.36 supervision by an individual listed in clause (1) or (3); 28.1 (5) an individual age ten to 12 living in the household 28.2 where the licensed services will be provided when the 28.3 commissioner has reasonable cause; 28.4 (6) an individual who, without providing direct contact 28.5 services at a licensed program, may have unsupervised access to 28.6 children or vulnerable adults receiving services from a program 28.7licensed to provide:, when the commissioner has reasonable 28.8 cause; and 28.9(i) family child care for children;28.10(ii) foster care for children in the provider's own home;28.11or28.12(iii) foster care or day care services for adults in the28.13provider's own home; and28.14 (7) all managerial officials as defined under section 28.15 245A.02, subdivision 5a. 28.16The commissioner must have reasonable cause to study an28.17individual under this subdivision.28.18 (b) For family child foster care settings, a short-term 28.19 substitute caregiver providing direct contact services for a 28.20 child for less than 72 hours of continuous care is not required 28.21 to receive a background study under this chapter. 28.22 Sec. 22. Minnesota Statutes 2004, section 245C.07, is 28.23 amended to read: 28.24 245C.07 [STUDY SUBJECT AFFILIATED WITH MULTIPLELICENSED28.25 FACILITIES.] 28.26 (a) When a license holder owns multiple facilities that are 28.27 licensed by the Department of Human Services, only one 28.28 background study is required for an individual who provides 28.29 direct contact services in one or more of the licensed 28.30 facilities if: 28.31 (1) the license holder designates one individual with one 28.32 address and telephone number as the person to receive sensitive 28.33 background study information for the multiple licensed programs 28.34 that depend on the same background study; and 28.35 (2) the individual designated to receive the sensitive 28.36 background study information is capable of determining, upon 29.1 request of the department, whether a background study subject is 29.2 providing direct contact services in one or more of the license 29.3 holder's programs and, if so, at which location or locations. 29.4 (b) When a background study is being initiated by a 29.5 licensed facility or a foster care provider that is also 29.6 registered under chapter 144D, a study subject affiliated with 29.7 multiple licensed facilities may attach to the background study 29.8 form a cover letter indicating the additional facilities' names, 29.9 addresses, and background study identification numbers. 29.10 When the commissioner receives a notice, the commissioner 29.11 shall notify each facility identified by the background study 29.12 subject of the study results. 29.13 The background study notice the commissioner sends to the 29.14 subsequent agencies shall satisfy those facilities' 29.15 responsibilities for initiating a background study on that 29.16 individual. 29.17 Sec. 23. Minnesota Statutes 2004, section 245C.08, 29.18 subdivision 1, is amended to read: 29.19 Subdivision 1. [BACKGROUND STUDIES CONDUCTED BY 29.20 COMMISSIONER OF HUMAN SERVICES.] (a) For a background study 29.21 conducted by the commissioner, the commissioner shall review: 29.22 (1) information related to names of substantiated 29.23 perpetrators of maltreatment of vulnerable adults that has been 29.24 received by the commissioner as required under section 626.557, 29.25 subdivision 9c, paragraph (i); 29.26 (2) the commissioner's records relating to the maltreatment 29.27 of minors in licensed programs, and from county agency findings 29.28 of maltreatment of minors as indicated through the social 29.29 service information system; 29.30 (3) information from juvenile courts as required in 29.31 subdivision 4 for individuals listed in section 245C.03, 29.32 subdivision 1, clauses (2), (5), and (6); and 29.33 (4) information from the Bureau of Criminal Apprehension. 29.34 (b) Notwithstanding expungement by a court, the 29.35 commissioner may consider information obtained under paragraph 29.36 (a), clauses (3) and (4), unless the commissioner received 30.1 notice of the petition for expungement and the court order for 30.2 expungement is directed specifically to the commissioner. 30.3 Sec. 24. Minnesota Statutes 2004, section 245C.08, 30.4 subdivision 2, is amended to read: 30.5 Subd. 2. [BACKGROUND STUDIES CONDUCTED BY A COUNTY OR 30.6 PRIVATE AGENCY; FOSTER CARE AND FAMILY CHILD CARE.] (a) For a 30.7 background study conducted by a county or private agency for 30.8 child foster care, adult foster care, and family child care 30.9 homes, the commissioner shall review: 30.10 (1) information from the county agency's record of 30.11 substantiated maltreatment of adults and the maltreatment of 30.12 minors; 30.13 (2) information from juvenile courts as required in 30.14 subdivision 4 for individuals listed in section 245C.03, 30.15 subdivision 1, clauses (2), (5), and (6); 30.16 (3) information from the Bureau of Criminal Apprehension; 30.17 and 30.18 (4) arrest and investigative records maintained by the 30.19 Bureau of Criminal Apprehension, county attorneys, county 30.20 sheriffs, courts, county agencies, local police, the National 30.21 Criminal Records Repository, and criminal records from other 30.22 states. 30.23 (b) If the individual has resided in the county for less 30.24 than five years, the study shall include the records specified 30.25 under paragraph (a) for the previous county or counties of 30.26 residence for the past five years. 30.27 (c) Notwithstanding expungement by a court, the county or 30.28 private agency may consider information obtained under paragraph 30.29 (a), clauses (3) and (4), unless the commissioner received 30.30 notice of the petition for expungement and the court order for 30.31 expungement is directed specifically to the commissioner. 30.32 Sec. 25. Minnesota Statutes 2004, section 245C.15, 30.33 subdivision 1, is amended to read: 30.34 Subdivision 1. [PERMANENT DISQUALIFICATION.] (a) An 30.35 individual is disqualified under section 245C.14 if: (1) 30.36 regardless of how much time has passed since the discharge of 31.1 the sentence imposed, if any, for the offense; and (2) unless 31.2 otherwise specified, regardless of the level of theconviction31.3 offense, the individualis convicted ofhas committed any of the 31.4 following offenses: sections 609.185 (murder in the first 31.5 degree); 609.19 (murder in the second degree); 609.195 (murder 31.6 in the third degree); 609.20 (manslaughter in the first degree); 31.7 609.205 (manslaughter in the second degree); 609.221 or 609.222 31.8 (assault in the first or second degree); a felony offense under 31.9 sections 609.2242 and 609.2243 (domestic assault), spousal 31.10 abuse, child abuse or neglect, or a crime against children; 31.11 609.228 (great bodily harm caused by distribution of drugs); 31.12 609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661 31.13 (murder of an unborn child in the first degree); 609.2662 31.14 (murder of an unborn child in the second degree); 609.2663 31.15 (murder of an unborn child in the third degree); 609.322 31.16 (solicitation, inducement, and promotion of prostitution); a 31.17 felony offense under 609.324, subdivision 1 (other prohibited 31.18 acts); 609.342 (criminal sexual conduct in the first degree); 31.19 609.343 (criminal sexual conduct in the second degree); 609.344 31.20 (criminal sexual conduct in the third degree); 609.345 (criminal 31.21 sexual conduct in the fourth degree); 609.352 (solicitation of 31.22 children to engage in sexual conduct); 609.365 (incest); a 31.23 felony offense under 609.377 (malicious punishment of a child); 31.24 a felony offense under 609.378 (neglect or endangerment of a 31.25 child); 609.561 (arson in the first degree); 609.66, subdivision 31.26 1e (drive-by shooting); 609.749, subdivision 3, 4, or 5 31.27 (felony-level harassment; stalking); 609.855, subdivision 5 31.28 (shooting at or in a public transit vehicle or facility); 31.29 617.246 (use of minors in sexual performance prohibited); or 31.30 617.247 (possession of pictorial representations of minors). An 31.31 individual also is disqualified under section 245C.14 regardless 31.32 of how much time has passed since the involuntary termination of 31.33 the individual's parental rights under section 260C.301. 31.34 (b) An individual's aiding and abetting, attempt, or 31.35 conspiracy to commit any of the offenses listed in paragraph 31.36 (a), as each of these offenses is defined in Minnesota Statutes, 32.1 permanently disqualifies the individual under section 245C.14. 32.2 (c) An individual's offense in any other state or country, 32.3 where the elements of the offense are substantially similar to 32.4 any of the offenses listed in paragraph (a), permanently 32.5 disqualifies the individual under section 245C.14. 32.6 (d) When a disqualification is based on a judicial 32.7 determination other than a conviction, the disqualification 32.8 period begins from the date of the court order. When a 32.9 disqualification is based on an admission, the disqualification 32.10 period begins from the date of an admission in court. When a 32.11 disqualification is based on a preponderance of evidence of a 32.12 disqualifying act, the disqualification date begins from the 32.13 date of the dismissal, the date of discharge of the sentence 32.14 imposed for a conviction for a disqualifying crime of similar 32.15 elements, or the date of the incident, whichever occurs last. 32.16 Sec. 26. Minnesota Statutes 2004, section 245C.15, 32.17 subdivision 2, is amended to read: 32.18 Subd. 2. [15-YEAR DISQUALIFICATION.] (a) An individual is 32.19 disqualified under section 245C.14 if: (1) less than 15 years 32.20 have passed since the discharge of the sentence imposed, if any, 32.21 for the offense; and (2) the individual hasreceived a felony32.22conviction forcommitted a felony-level violation of any of the 32.23 following offenses: sections 256.98 (wrongfully obtaining 32.24 assistance); 260C.301 (grounds for termination of parental 32.25 rights); 268.182 (false representation; concealment of facts); 32.26 393.07, subdivision 10, paragraph (c) (federal Food Stamp 32.27 Program fraud); 609.165 (felon ineligible to possess firearm); 32.28 609.21 (criminal vehicular homicide and injury); 609.215 32.29 (suicide); 609.223 or 609.2231 (assault in the third or fourth 32.30 degree); repeat offenses under 609.224 (assault in the fifth 32.31 degree); 609.2325 (criminal abuse of a vulnerable adult); 32.32 609.2335 (financial exploitation of a vulnerable adult); 609.235 32.33 (use of drugs to injure or facilitate crime); 609.24 (simple 32.34 robbery); 609.255 (false imprisonment); 609.2664 (manslaughter 32.35 of an unborn child in the first degree); 609.2665 (manslaughter 32.36 of an unborn child in the second degree); 609.267 (assault of an 33.1 unborn child in the first degree); 609.2671 (assault of an 33.2 unborn child in the second degree); 609.268 (injury or death of 33.3 an unborn child in the commission of a crime); 609.27 33.4 (coercion); 609.275 (attempt to coerce); repeat offenses under 33.5 609.3451 (criminal sexual conduct in the fifth degree); 609.466 33.6 (medical assistance fraud); 609.498, subdivision 1 or 1b 33.7 (aggravated first degree or first degree tampering with a 33.8 witness); 609.52 (theft); 609.521 (possession of shoplifting 33.9 gear); 609.525 (bringing stolen goods into Minnesota); 609.527 33.10 (identity theft); 609.53 (receiving stolen property); 609.535 33.11 (issuance of dishonored checks); 609.562 (arson in the second 33.12 degree); 609.563 (arson in the third degree); 609.582 33.13 (burglary); 609.611 (insurance fraud); 609.625 (aggravated 33.14 forgery); 609.63 (forgery); 609.631 (check forgery; offering a 33.15 forged check); 609.635 (obtaining signature by false pretense); 33.16 609.66 (dangerous weapons); 609.67 (machine guns and 33.17 short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 33.18 609.713 (terroristic threats); 609.82 (fraud in obtaining 33.19 credit); 609.821 (financial transaction card fraud); repeat 33.20 offenses under 617.23 (indecent exposure; penalties); repeat 33.21 offenses under 617.241 (obscene materials and performances; 33.22 distribution and exhibition prohibited; penalty); chapter 152 33.23 (drugs; controlled substance); or a felony-level conviction 33.24 involving alcohol or drug use. 33.25 (b) An individual is disqualified under section 245C.14 if 33.26 less than 15 years has passed since the individual's aiding and 33.27 abetting, attempt, or conspiracy to commit any of the offenses 33.28 listed in paragraph (a), as each of these offenses is defined in 33.29 Minnesota Statutes. 33.30 (c) An individual is disqualified under section 245C.14 if 33.31 less than 15 years has passed since the individual's voluntary 33.32 termination of the individual's parental rights under section 33.33 260C.301. 33.34 (d) An individual is disqualified under section 245C.14 if 33.35 less than 15 years has passed since the discharge of the 33.36 sentence imposed for an offense in any other state or country, 34.1 the elements of which are substantially similar to the elements 34.2 of the offenses listed in paragraph (a). 34.3(d)(e) If the individual studied is convicted of one of 34.4 the felonies listed in paragraph (a), but the sentence is a 34.5 gross misdemeanor or misdemeanor disposition, the individual is 34.6 disqualified but the disqualification lookback period for the 34.7 conviction is the period applicable to the gross misdemeanor or 34.8 misdemeanor disposition. 34.9 (f) When a disqualification is based on a judicial 34.10 determination other than a conviction, the disqualification 34.11 period begins from the date of the court order. When a 34.12 disqualification is based on an admission, the disqualification 34.13 period begins from the date of an admission in court. When a 34.14 disqualification is based on a preponderance of evidence of a 34.15 disqualifying act, the disqualification date begins from the 34.16 date of the dismissal, the date of discharge of the sentence 34.17 imposed for a conviction for a disqualifying crime of similar 34.18 elements, or the date of the incident, whichever occurs last. 34.19 Sec. 27. Minnesota Statutes 2004, section 245C.15, 34.20 subdivision 3, is amended to read: 34.21 Subd. 3. [TEN-YEAR DISQUALIFICATION.] (a) An individual is 34.22 disqualified under section 245C.14 if: (1) less than ten years 34.23 have passed since the discharge of the sentence imposed, if any, 34.24 for the offense; and (2) the individual hasreceivedcommitted a 34.25 grossmisdemeanor conviction for amisdemeanor-level violation 34.26 of any of the following offenses: sections 256.98 (wrongfully 34.27 obtaining assistance); 268.182 (false representation; 34.28 concealment of facts); 393.07, subdivision 10, paragraph (c) 34.29 (federal Food Stamp Program fraud); 609.224 (assault in the 34.30 fifth degree); 609.224, subdivision 2, paragraph (c) (assault in 34.31 the fifth degree by a caregiver against a vulnerable adult); 34.32 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment 34.33 of persons confined); 609.231 (mistreatment of residents or 34.34 patients); 609.2325 (criminal abuse of a vulnerable adult); 34.35 609.233 (criminal neglect of a vulnerable adult); 609.2335 34.36 (financial exploitation of a vulnerable adult); 609.234 (failure 35.1 to report maltreatment of a vulnerable adult); 609.265 35.2 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 35.3 1a (other prohibited acts; minor engaged in prostitution); 35.4 609.33 (disorderly house); 609.3451 (criminal sexual conduct in 35.5 the fifth degree); 609.377 (malicious punishment of a child); 35.6 609.378 (neglect or endangerment of a child); 609.446 (medical 35.7 assistance fraud); 609.52 (theft); 609.525 (bringing stolen 35.8 goods into Minnesota); 609.527 (identify theft); 609.53 35.9 (receiving stolen property); 609.535 (issuance of dishonored 35.10 checks); 609.582 (burglary); 609.611 (insurance fraud); 609.631 35.11 (check forgery; offering a forged check); 609.66 (dangerous 35.12 weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly 35.13 conduct against a vulnerable adult); repeat offenses under 35.14 609.746 (interference with privacy); 609.749, subdivision 2 35.15 (harassment; stalking); repeat offenses under 617.23 (indecent 35.16 exposure); 617.241 (obscene materials and performances); 617.243 35.17 (indecent literature, distribution); 617.293 (harmful materials; 35.18 dissemination and display to minors prohibited); or violation of 35.19 an order for protection under section 518B.01, subdivision 14. 35.20 (b) An individual is disqualified under section 245C.14 if 35.21 less than ten years has passed since the individual's aiding and 35.22 abetting, attempt, or conspiracy to commit any of the offenses 35.23 listed in paragraph (a), as each of these offenses is defined in 35.24 Minnesota Statutes. 35.25 (c) An individual is disqualified under section 245C.14 if 35.26 less than ten years has passed since the discharge of the 35.27 sentence imposed for an offense in any other state or country, 35.28 the elements of which are substantially similar to the elements 35.29 of any of the offenses listed in paragraph (a). 35.30 (d) If the defendant is convicted of one of the gross 35.31 misdemeanors listed in paragraph (a), but the sentence is a 35.32 misdemeanor disposition, the individual is disqualified but the 35.33 disqualification lookback period for the conviction is the 35.34 period applicable to misdemeanors. 35.35 (e) When a disqualification is based on a judicial 35.36 determination other than a conviction, the disqualification 36.1 period begins from the date of the court order. When a 36.2 disqualification is based on an admission, the disqualification 36.3 period begins from the date of an admission in court. When a 36.4 disqualification is based on a preponderance of evidence of a 36.5 disqualifying act, the disqualification date begins from the 36.6 date of the dismissal, the date of discharge of the sentence 36.7 imposed for a conviction for a disqualifying crime of similar 36.8 elements, or the date of the incident, whichever occurs last. 36.9 Sec. 28. Minnesota Statutes 2004, section 245C.15, 36.10 subdivision 4, is amended to read: 36.11 Subd. 4. [SEVEN-YEAR DISQUALIFICATION.] (a) An individual 36.12 is disqualified under section 245C.14 if: (1) less than seven 36.13 years has passed since the discharge of the sentence imposed, if 36.14 any, for the offense; and (2) the individual hasreceived36.15 committed amisdemeanor conviction for amisdemeanor-level 36.16 violation of any of the following offenses: sections 256.98 36.17 (wrongfully obtaining assistance); 268.182 (false 36.18 representation; concealment of facts); 393.07, subdivision 10, 36.19 paragraph (c) (federal Food Stamp Program fraud); 609.224 36.20 (assault in the fifth degree); 609.2242 (domestic assault); 36.21 609.2335 (financial exploitation of a vulnerable adult); 609.234 36.22 (failure to report maltreatment of a vulnerable adult); 609.2672 36.23 (assault of an unborn child in the third degree); 609.27 36.24 (coercion); violation of an order for protection under 609.3232 36.25 (protective order authorized; procedures; penalties); 609.466 36.26 (medical assistance fraud); 609.52 (theft); 609.525 (bringing 36.27 stolen goods into Minnesota); 609.527 (identity theft); 609.53 36.28 (receiving stolen property); 609.535 (issuance of dishonored 36.29 checks); 609.611 (insurance fraud); 609.66 (dangerous weapons); 36.30 609.665 (spring guns); 609.746 (interference with privacy); 36.31 609.79 (obscene or harassingphonetelephone calls); 609.795 36.32 (letter, telegram, or package; opening; harassment); 609.82 36.33 (fraud in obtaining credit); 609.821 (financial transaction card 36.34 fraud); 617.23 (indecent exposure; penalties); 617.293 (harmful 36.35 materials; dissemination and display to minors prohibited); or 36.36 violation of an order for protection under section 518B.01 37.1 (Domestic Abuse Act). 37.2 (b) An individual is disqualified under section 245C.14 if 37.3 less than seven years has passed since a determination or 37.4 disposition of the individual's: 37.5 (1) failure to make required reports under section 626.556, 37.6 subdivision 3, or 626.557, subdivision 3, for incidents in 37.7 which: (i) the final disposition under section 626.556 or 37.8 626.557 was substantiated maltreatment, and (ii) the 37.9 maltreatment was recurring or serious; or 37.10 (2) substantiated serious or recurring maltreatment of a 37.11 minor under section 626.556, a vulnerable adult under section 37.12 626.557, or serious or recurring maltreatment in any other 37.13 state, the elements of which are substantially similar to the 37.14 elements of maltreatment under section 626.556 or 626.557 for 37.15 which: (i) there is a preponderance of evidence that the 37.16 maltreatment occurred, and (ii) the subject was responsible for 37.17 the maltreatment. 37.18 (c) An individual is disqualified under section 245C.14 if 37.19 less than seven years has passed since the individual's aiding 37.20 and abetting, attempt, or conspiracy to commit any of the 37.21 offenses listed in paragraphs (a) and (b), as each of these 37.22 offenses is defined in Minnesota Statutes. 37.23 (d) An individual is disqualified under section 245C.14 if 37.24 less than seven years has passed since the discharge of the 37.25 sentence imposed for an offense in any other state or country, 37.26 the elements of which are substantially similar to the elements 37.27 of any of the offenses listed in paragraphs (a) and (b). 37.28 (e) When a disqualification is based on a judicial 37.29 determination other than a conviction, the disqualification 37.30 period begins from the date of the court order. When a 37.31 disqualification is based on an admission, the disqualification 37.32 period begins from the date of an admission in court. When a 37.33 disqualification is based on a preponderance of evidence of a 37.34 disqualifying act, the disqualification date begins from the 37.35 date of the dismissal, the date of discharge of the sentence 37.36 imposed for a conviction for a disqualifying crime of similar 38.1 elements, or the date of the incident, whichever occurs last. 38.2 Sec. 29. Minnesota Statutes 2004, section 245C.17, 38.3 subdivision 2, is amended to read: 38.4 Subd. 2. [DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If 38.5 the information in the study indicates the individual is 38.6 disqualified from direct contact with, or from access to, 38.7 persons served by the program, the commissioner shall disclose 38.8 to the individual studied: 38.9 (1) the information causing disqualification; 38.10 (2) instructions on how to request a reconsideration of the 38.11 disqualification;and38.12 (3) an explanation of any restrictions on the 38.13 commissioner's discretion to set aside the disqualification 38.14 under section 245C.24, subdivision 2, when applicable to the 38.15 individual; and 38.16 (4) the commissioner's determination of the individual's 38.17 immediate risk of harm under section 245C.16. 38.18 (b) If the commissioner determines under section 245C.16 38.19 that an individual poses an imminent risk of harm to persons 38.20 served by the program where the individual will have direct 38.21 contact, the commissioner's notice must include an explanation 38.22 of the basis of this determination. 38.23 (c) If the commissioner determines under section 245C.16 38.24 that an individual studied does not pose a risk of harm that 38.25 requires continuous, direct supervision, the commissioner shall 38.26 only notify the individual of the disqualification. 38.27 Sec. 30. Minnesota Statutes 2004, section 245C.21, 38.28 subdivision 2, is amended to read: 38.29 Subd. 2. [TIME FRAME FOR REQUESTING RECONSIDERATION OF A 38.30 DISQUALIFICATION.] (a) When the commissioner sends an individual 38.31 a notice of disqualification based on a finding under section 38.32 245C.16, subdivision 2, paragraph (a), clause (1) or (2), the 38.33 disqualified individual must submit the request for a 38.34 reconsideration within 30 calendar days of the individual's 38.35 receipt of the notice of disqualification. If mailed, the 38.36 request for reconsideration must be postmarked and sent to the 39.1 commissioner within 30 calendar days of the individual's receipt 39.2 of the notice of disqualification. If a request for 39.3 reconsideration is made by personal service, it must be received 39.4 by the commissioner within 30 calendar days after the 39.5 individual's receipt of the notice of disqualification. Upon 39.6 showing that the information under subdivision 3 cannot be 39.7 obtained within 30 days, the disqualified individual may request 39.8 additional time, not to exceed 30 days, to obtain the 39.9 information. 39.10 (b) When the commissioner sends an individual a notice of 39.11 disqualification based on a finding under section 245C.16, 39.12 subdivision 2, paragraph (a), clause (3), the disqualified 39.13 individual must submit the request for reconsideration within 15 39.14 calendar days of the individual's receipt of the notice of 39.15 disqualification. If mailed, the request for reconsideration 39.16 must be postmarked and sent to the commissioner within 15 39.17 calendar days of the individual's receipt of the notice of 39.18 disqualification. If a request for reconsideration is made by 39.19 personal service, it must be received by the commissioner within 39.20 15 calendar days after the individual's receipt of the notice of 39.21 disqualification. 39.22 (c) An individual who was determined to have maltreated a 39.23 child under section 626.556 or a vulnerable adult under section 39.24 626.557, and who is disqualified on the basis of serious or 39.25 recurring maltreatment, may request a reconsideration of both 39.26 the maltreatment and the disqualification determinations. The 39.27 request must be submitted within 30 calendar days of the 39.28 individual's receipt of the notice of disqualification. If 39.29 mailed, the request for reconsideration must be postmarked and 39.30 sent to the commissioner within 30 calendar days of the 39.31 individual's receipt of the notice of disqualification. If a 39.32 request for reconsideration is made by personal service, it must 39.33 be received by the commissioner within 30 calendar days after 39.34 the individual's receipt of the notice of disqualification. 39.35 Sec. 31. Minnesota Statutes 2004, section 245C.22, 39.36 subdivision 3, is amended to read: 40.1 Subd. 3. [PREEMINENT WEIGHT GIVEN TO SAFETY OF PERSONS 40.2 BEING SERVED.] In reviewing a request for reconsideration of a 40.3 disqualification, the commissioner shall give preeminent weight 40.4 to the safety of each person served by the license holder, 40.5 applicant, or other entities as provided in this chapter over 40.6 the interests of the disqualified individual, license holder, 40.7 applicant, or other entity as provided in this chapter, and any 40.8 single factor under subdivision 4, paragraph (b), may be 40.9 determinative of the commissioner's decision whether to set 40.10 aside the individual's disqualification. 40.11 Sec. 32. Minnesota Statutes 2004, section 245C.22, 40.12 subdivision 4, is amended to read: 40.13 Subd. 4. [RISK OF HARM; SET ASIDE.] (a) The commissioner 40.14 may set aside the disqualification if the commissioner finds 40.15 that the individual has submitted sufficient information to 40.16 demonstrate that the individual does not pose a risk of harm to 40.17 any person served by the applicant, license holder, or other 40.18 entities as provided in this chapter. 40.19 (b) In determining whether the individual has met the 40.20 burden of proof by demonstrating the individual does not pose a 40.21 risk of harm, the commissioner shall consider: 40.22 (1) the nature, severity, and consequences of the event or 40.23 events that led to the disqualification; 40.24 (2) whether there is more than one disqualifying event; 40.25 (3) the age and vulnerability of the victim at the time of 40.26 the event; 40.27 (4) the harm suffered by the victim; 40.28 (5) the similarity between the victim and persons served by 40.29 the program; 40.30 (6) the time elapsed without a repeat of the same or 40.31 similar event; 40.32 (7) documentation of successful completion by the 40.33 individual studied of training or rehabilitation pertinent to 40.34 the event; and 40.35 (8) any other information relevant to reconsideration. 40.36 (c) If the individual requested reconsideration on the 41.1 basis that the information relied upon to disqualify the 41.2 individual was incorrect or inaccurate and the commissioner 41.3 determines that the information relied upon to disqualify the 41.4 individual is correct, the commissioner must also determine if 41.5 the individual poses a risk of harm to persons receiving 41.6 services in accordance with paragraph (b). 41.7 Sec. 33. Minnesota Statutes 2004, section 245C.24, 41.8 subdivision 2, is amended to read: 41.9 Subd. 2. [PERMANENT BAR TO SET ASIDE OF DISQUALIFICATION.] 41.10 The commissioner may not set aside the disqualification of an 41.11 individual in connection with a license to provide family child 41.12 care for children, foster care for children in the provider's 41.13 home, or foster care or day care services for adults in the 41.14 provider's home, regardless of how much time has passed, if 41.15 theproviderindividual was disqualified for a crime or conduct 41.16 listed in section 245C.15, subdivision 1. 41.17 Sec. 34. Minnesota Statutes 2004, section 245C.24, 41.18 subdivision 3, is amended to read: 41.19 Subd. 3. [TEN-YEAR BAR TO SET ASIDE DISQUALIFICATION.] (a) 41.20 The commissioner may not set aside the disqualification of an 41.21 individual in connection with a license to provide family child 41.22 care for children, foster care for children in the provider's 41.23 home, or foster care or day care services for adults in the 41.24 provider's home if: (1) less than ten years has passed since 41.25 the discharge of the sentence imposed, if any, for the offense; 41.26andor (2) when disqualified based on a preponderance of 41.27 evidence determination under section 245C.14, subdivision 1, 41.28 paragraph (a), clause (2), or an admission under section 41.29 245C.14, subdivision 1, paragraph (a), clause (1), and less than 41.30 ten years has passed since the individual committed the act or 41.31 admitted to committing the act, whichever is later; and (3) the 41.32 individual hasbeen convicted ofcommitted a violation of any of 41.33 the following offenses: sections 609.165 (felon ineligible to 41.34 possess firearm); criminal vehicular homicide under 609.21 41.35 (criminal vehicular homicide and injury); 609.215 (aiding 41.36 suicide or aiding attempted suicide); felony violations under 42.1 609.223 or 609.2231 (assault in the third or fourth degree); 42.2 609.713 (terroristic threats); 609.235 (use of drugs to injure 42.3 or to facilitate crime); 609.24 (simple robbery); 609.255 (false 42.4 imprisonment); 609.562 (arson in the second degree); 609.71 42.5 (riot); 609.498, subdivision 1 or 1b (aggravated first degree or 42.6 first degree tampering with a witness); burglary in the first or 42.7 second degree under 609.582 (burglary); 609.66 (dangerous 42.8 weapon); 609.665 (spring guns); 609.67 (machine guns and 42.9 short-barreled shotguns); 609.749, subdivision 2 (gross 42.10 misdemeanor harassment; stalking); 152.021 or 152.022 42.11 (controlled substance crime in the first or second degree); 42.12 152.023, subdivision 1, clause (3) or (4) or subdivision 2, 42.13 clause (4) (controlled substance crime in the third degree); 42.14 152.024, subdivision 1, clause (2), (3), or (4) (controlled 42.15 substance crime in the fourth degree); 609.224, subdivision 2, 42.16 paragraph (c) (fifth degree assault by a caregiver against a 42.17 vulnerable adult); 609.23 (mistreatment of persons confined); 42.18 609.231 (mistreatment of residents or patients); 609.2325 42.19 (criminal abuse of a vulnerable adult); 609.233 (criminal 42.20 neglect of a vulnerable adult); 609.2335 (financial exploitation 42.21 of a vulnerable adult); 609.234 (failure to report); 609.265 42.22 (abduction); 609.2664 to 609.2665 (manslaughter of an unborn 42.23 child in the first or second degree); 609.267 to 609.2672 42.24 (assault of an unborn child in the first, second, or third 42.25 degree); 609.268 (injury or death of an unborn child in the 42.26 commission of a crime); 617.293 (disseminating or displaying 42.27 harmful material to minors); a felony-level conviction involving 42.28 alcohol or drug use, a gross misdemeanor offense under 609.324, 42.29 subdivision 1 (other prohibited acts); a gross misdemeanor 42.30 offense under 609.378 (neglect or endangerment of a child); a 42.31 gross misdemeanor offense under 609.377 (malicious punishment of 42.32 a child); or 609.72, subdivision 3 (disorderly conduct against a 42.33 vulnerable adult). 42.34 (b) The commissioner may not set aside the disqualification 42.35 of an individual if less than ten years have passed since the 42.36 individual's aiding and abetting, attempt, or conspiracy to 43.1 commit any of the offenses listed in paragraph (a) as each of 43.2 these offenses is defined in Minnesota Statutes. 43.3 (c) The commissioner may not set aside the disqualification 43.4 of an individual if less than ten years have passed since the 43.5 discharge of the sentence imposed for an offense in any other 43.6 state or country, the elements of which are substantially 43.7 similar to the elements of any of the offenses listed in 43.8 paragraph (a). 43.9 Sec. 35. Minnesota Statutes 2004, section 245C.27, 43.10 subdivision 1, is amended to read: 43.11 Subdivision 1. [FAIR HEARING WHEN DISQUALIFICATION IS NOT 43.12 SET ASIDE.] (a) If the commissioner does not set asideor43.13rescinda disqualification of an individual under section 43.14 245C.22 who is disqualified on the basis of a preponderance of 43.15 evidence that the individual committed an act or acts that meet 43.16 the definition of any of the crimes listed in section 245C.15; 43.17 for a determination under section 626.556 or 626.557 of 43.18 substantiated maltreatment that was serious or recurring under 43.19 section 245C.15; or for failure to make required reports under 43.20 section 626.556, subdivision 3; or 626.557, subdivision 3, 43.21 pursuant to section 245C.15, subdivision 4, paragraph (b), 43.22 clause (1), the individual may request a fair hearing under 43.23 section 256.045, unless the disqualification is deemed 43.24 conclusive under section 245C.29. 43.25 (b) The fair hearing is the only administrative appeal of 43.26 the final agency determination for purposes of appeal by the 43.27 disqualified individual. The disqualified individual does not 43.28 have the right to challenge the accuracy and completeness of 43.29 data under section 13.04. 43.30 (c) If the individual was disqualified based on a 43.31 conviction or admission to any crimes listed in section 245C.15, 43.32 subdivisions 1 to 4, the reconsideration decision under section 43.33 245C.22 is the final agency determination for purposes of appeal 43.34 by the disqualified individual and is not subject to a hearing 43.35 under section 256.045. If the individual was disqualified based 43.36 on a judicial determination, that determination is treated the 44.1 same as a conviction for purposes of appeal. 44.2 (d) This subdivision does not apply to a public employee's 44.3 appeal of a disqualification under section 245C.28, subdivision 44.4 3. 44.5 (e) Notwithstanding paragraph (c), if the commissioner does 44.6 not set aside a disqualification of an individual who was 44.7 disqualified based on both a preponderance of evidence and a 44.8 conviction or admission, the individual may request a fair 44.9 hearing under section 256.045, unless the disqualifications are 44.10 deemed conclusive under section 245C.29. The scope of the 44.11 hearing conducted under section 256.045 with regard to the 44.12 disqualification based on a conviction or admission shall be 44.13 limited solely to whether the individual poses a risk of harm, 44.14 according to section 256.045, subdivision 3b. 44.15 Sec. 36. Minnesota Statutes 2004, section 245C.28, 44.16 subdivision 3, is amended to read: 44.17 Subd. 3. [EMPLOYEES OF PUBLIC EMPLOYER.] (a) If the 44.18 commissioner does not set aside the disqualification of an 44.19 individual who is an employee of an employer, as defined in 44.20 section 179A.03, subdivision 15, the individual may request a 44.21 contested case hearing under chapter 14. The request for a 44.22 contested case hearing must be made in writing and must be 44.23 postmarked andmailedsent within 30 calendar days after the 44.24 employee receives notice that the disqualification has not been 44.25 set aside. If the individual was disqualified based on a 44.26 conviction or admission to any crimes listed in section 245C.15, 44.27 the scope of the contested case hearing shall be limited solely 44.28 to whether the individual poses a risk of harm pursuant to 44.29 section 245C.22. 44.30 (b) If the commissioner does not set asideor rescinda 44.31 disqualification that is based on a maltreatment determination, 44.32 the scope of the contested case hearing must include the 44.33 maltreatment determination and the disqualification. In such 44.34 cases, a fair hearing must not be conducted under section 44.35 256.045. 44.36 (c) Rules adopted under this chapter may not preclude an 45.1 employee in a contested case hearing for a disqualification from 45.2 submitting evidence concerning information gathered under this 45.3 chapter. 45.4 (d) Whena personan individual has been disqualified from 45.5 multiple licensed programs and the disqualifications have not 45.6 been set aside under section 245C.22, if at least one of the 45.7 disqualifications entitles the person to a contested case 45.8 hearing under this subdivision, the scope of the contested case 45.9 hearing shall include all disqualifications from licensed 45.10 programs which were not set aside. 45.11 (e) In determining whether the disqualification should be 45.12 set aside, the administrative law judge shall consider all of 45.13 the characteristics that cause the individual to be 45.14 disqualified, including those characteristics that were not45.15subject to review under paragraph (b),in order to determine 45.16 whether the individual poses a risk of harm. The administrative 45.17 law judge's recommendation and the commissioner's order to set 45.18 aside a disqualification that is the subject of the hearing 45.19 constitutes a determination that the individual does not pose a 45.20 risk of harm and that the individual may provide direct contact 45.21 services in the individual program specified in the set aside. 45.22 Sec. 37. Minnesota Statutes 2004, section 245C.30, 45.23 subdivision 2, is amended to read: 45.24 Subd. 2. [DISCLOSURE OF REASON FOR DISQUALIFICATION.] (a) 45.25 The commissioner may not grant a variance for a disqualified 45.26 individual unless the applicant or license holder requests the 45.27 variance and the disqualified individual provides written 45.28 consent for the commissioner to disclose to the applicant or 45.29 license holder the reason for the disqualification. 45.30 (b) This subdivision does not apply to programs licensed to 45.31 provide family child care for children, foster care for children 45.32 in the provider's own home, or foster care or day care services 45.33 for adults in the provider's own home. When the commissioner 45.34 grants a variance for a disqualified individual in connection 45.35 with a license to provide the services specified in this 45.36 paragraph, the disqualified individual's consent is not required 46.1 to disclose the reason for the disqualification to the license 46.2 holder in the variance issued under subdivision 1. 46.3 Sec. 38. Minnesota Statutes 2004, section 246.13, is 46.4 amended to read: 46.5 246.13 [RECORDRECORDS OF PATIENTS AND RESIDENTS 46.6INRECEIVING STATE-OPERATED SERVICES.] 46.7 Subdivision 1. [POWERS, DUTIES, AND AUTHORITY OF 46.8 COMMISSIONER.] (a) The commissioner of human services' office 46.9 shall have, accessible only by consent of the commissioner or on 46.10 the order of a judge or court of record, a record showing the 46.11 residence, sex, age, nativity, occupation, civil condition, and 46.12 date of entrance or commitment of every person, in the 46.13 state-operated services facilities as defined under section 46.14 246.014 under exclusive control of the commissioner; the date of 46.15 discharge and whether such discharge was final; the condition of 46.16 the person when the person left the state-operated services 46.17 facility; the vulnerable adult abuse prevention associated with 46.18 the person; and the date and cause of all deaths. The record 46.19 shall state every transfer from one state-operated services 46.20 facility to another, naming each state-operated services 46.21 facility. This information shall be furnished to the 46.22 commissioner of human services by each public agency, along with 46.23 other obtainable facts as the commissioner may require. When a 46.24 patient or resident in a state-operated services facility is 46.25 discharged, transferred, or dies, the head of the state-operated 46.26 services facility or designee shall inform the commissioner of 46.27 human services of these events within ten days on forms 46.28 furnished by the commissioner. 46.29 (b) The commissioner of human services shall cause to be 46.30 devised, installed, and operated an adequate system of records 46.31 and statistics, which shall consist of all basic record forms, 46.32 including patient personal records and medical record forms, and 46.33 the manner of their use shall be precisely uniform throughout 46.34 all state-operated services facilities. 46.35 Subd. 2. [DEFINITIONS; RISK ASSESSMENT AND MANAGEMENT.] (a) 46.36 As used in this section: 47.1 (1) "appropriate and necessary medical and other records" 47.2 includes patient medical record and other protected health 47.3 information as defined by Code of Federal Regulations, title 45, 47.4 section 164.501, relating to a patient in a state-operated 47.5 services facility, including, but not limited to, the patient's 47.6 treatment plan and abuse prevention plan that is pertinent to 47.7 the patient's ongoing care, treatment, or placement in a 47.8 community-based treatment facility or a health care facility 47.9 that is not operated by state-operated services, and includes 47.10 information describing the level of risk posed by a patient when 47.11 the patient enters such a facility; 47.12 (2) "community-based treatment" means the community support 47.13 services listed in section 253B.02, subdivision 4b; 47.14 (3) "criminal history data" means those data maintained or 47.15 used by the Departments of Corrections and Public Safety and by 47.16 the supervisory authorities listed in section 13.84, subdivision 47.17 1, that relate to an individual's criminal history or propensity 47.18 for violence; including data in the Corrections Offender 47.19 Management System (COMS) and Statewide Supervision System (S3) 47.20 maintained by the Department of Corrections and the Criminal 47.21 Justice Information System (CJIS); the Predatory Offender 47.22 Registration (POR) system maintained by the Department of Public 47.23 Safety and the CriMNet system; 47.24 (4) "designated agency" means the agency defined in section 47.25 253B.02, subdivision 5; 47.26 (5) "law enforcement agency" means the law enforcement 47.27 agency having primary jurisdiction over the location where the 47.28 offender expects to reside upon release; 47.29 (6) "predatory offender" and "offender" mean a person who 47.30 is required to register as a predatory offender under section 47.31 243.166; and 47.32 (7) "treatment facility" means a facility as defined in 47.33 section 253B.02, subdivision 19. 47.34 (b) To promote public safety and for the purposes and 47.35 subject to the requirements below, the commissioner or the 47.36 commissioner's designee shall have access to and review medical 48.1 and criminal history data as provided by this section, such as 48.2 is necessary to comply with Minnesota Rules, part 1205.0400: 48.3 (1) to determine whether a patient is required under state 48.4 law to register as a predatory offender according to section 48.5 243.166; 48.6 (2) to facilitate and expedite the responsibilities of the 48.7 special review board and end-of-confinement review committees by 48.8 corrections institutions and state treatment facilities; 48.9 (3) to prepare, amend, or revise the abuse prevention plans 48.10 required under section 626.557, subdivision 14, and individual 48.11 patient treatment plans required under section 253B.03, 48.12 subdivision 7; 48.13 (4) to facilitate the custody, supervision, and transport 48.14 of individuals transferred between the Department of Corrections 48.15 and the Department of Human Services; or 48.16 (5) to facilitate the exchange of data between the 48.17 Department of Corrections, the Department of Human Services, and 48.18 the supervisory authorities listed in section 13.84, subdivision 48.19 1, regarding individuals under the authority of one or more of 48.20 these entities. 48.21 (c) The commissioner may have access to the National Crime 48.22 Information Center (NCIC) database, through the Department of 48.23 Public Safety, in support of the law enforcement functions 48.24 described in paragraph (b). 48.25 Subd. 3. [COMMUNITY-BASED TREATMENT AND MEDICAL 48.26 TREATMENT.] (a) When a patient under the care and supervision of 48.27 state-operated services is released to a community-based 48.28 treatment facility or facility that provides health care 48.29 services, state-operated services may disclose all appropriate 48.30 and necessary health and other information relating to the 48.31 patient. 48.32 (b) The information that must be provided to the designated 48.33 agency, community-based treatment facility, or facility that 48.34 provides health care services includes, but is not limited to, 48.35 the patient's abuse prevention plan required under section 48.36 626.557, subdivision 14, paragraph (b). 49.1 Subd. 4. [PREDATORY OFFENDER REGISTRATION 49.2 NOTIFICATION.] (a) When a state-operated facility determines 49.3 that a patient is required under section 243.166, subdivision 1, 49.4 to register as a predatory offender or, under section 243.166, 49.5 subdivision 4a, to provide notice of a change in status, the 49.6 facility shall provide written notice to the patient of the 49.7 requirement. 49.8 (b) If the patient refuses, is unable, or lacks capacity to 49.9 comply with the requirement described in paragraph (a) within 49.10 five days after receiving the notification of the duty to 49.11 comply, state-operated services staff shall obtain and disclose 49.12 the necessary data to complete the registration form or change 49.13 of status notification for the patient. The treatment facility 49.14 shall also forward the registration or change of status data 49.15 that it completes to the Bureau of Criminal Apprehension and, as 49.16 applicable, the patient's corrections agent and the law 49.17 enforcement agency in the community in which the patient 49.18 currently resides. If, after providing notification, the 49.19 patient refuses to comply with the requirements described in 49.20 paragraph (a), the treatment facility shall also notify the 49.21 county attorney in the county in which the patient is currently 49.22 residing of the refusal. 49.23 (c) The duties of state-operated services described in this 49.24 subdivision do not relieve the patient of the ongoing individual 49.25 duty to comply with the requirements of section 243.166. 49.26 Subd. 5. [PROCEDURE FOR BLOODBORNE PATHOGENS.] Sections 49.27 246.71 to 246.722 apply to state-operated services facilities. 49.28 Sec. 39. Minnesota Statutes 2004, section 253B.18, 49.29 subdivision 4a, is amended to read: 49.30 Subd. 4a. [RELEASE ON PASS; NOTIFICATION.] A patient who 49.31 has been committed as a person who is mentally ill and dangerous 49.32 and who is confined at a secure treatment facility or has been 49.33 transferred out of a state-operated services facility according 49.34 to section 253B.18, subdivision 6, shall not be released on a 49.35 pass unless the pass is part of a pass plan that has been 49.36 approved by the medical director of the secure treatment 50.1 facility. The pass plan must have a specific therapeutic 50.2 purpose consistent with the treatment plan, must be established 50.3 for a specific period of time, and must have specific levels of 50.4 liberty delineated. The county case manager must be invited to 50.5 participate in the development of the pass plan. At least ten 50.6 days prior to a determination on the plan, the medical director 50.7 shall notify the designated agency, the committing court, the 50.8 county attorney of the county of commitment, an interested 50.9 person, the local law enforcement agency where the facility is 50.10 located, the local law enforcement agency in the location where 50.11 the pass is to occur, the petitioner, and the petitioner's 50.12 counsel of the plan, the nature of the passes proposed, and 50.13 their right to object to the plan. If any notified person 50.14 objects prior to the proposed date of implementation, the person 50.15 shall have an opportunity to appear, personally or in writing, 50.16 before the medical director, within ten days of the objection, 50.17 to present grounds for opposing the plan. The pass plan shall 50.18 not be implemented until the objecting person has been furnished 50.19 that opportunity. Nothing in this subdivision shall be 50.20 construed to give a patient an affirmative right to a pass plan. 50.21 Sec. 40. Minnesota Statutes 2004, section 260B.163, 50.22 subdivision 6, is amended to read: 50.23 Subd. 6. [GUARDIAN AD LITEM.] (a) The court shall appoint 50.24 a guardian ad litem to protect the interests of the minor when 50.25 it appears, at any stage of the proceedings, that the minor is 50.26 without a parent or guardian, or that the minor's parent is a 50.27 minor or incompetent, or that the parent or guardian is 50.28 indifferent or hostile to the minor's interests. In any other 50.29 case the court may appoint a guardian ad litem to protect the 50.30 interests of the minor when the court feels that such an 50.31 appointment is desirable. The court shall appoint the guardian 50.32 ad litem on its own motion or in the manner provided for the 50.33 appointment of a guardian ad litem in the district court. The 50.34 court may appoint separate counsel for the guardian ad litem if 50.35 necessary. 50.36 (b) A guardian ad litem shall carry out the following 51.1 responsibilities: 51.2 (1) conduct an independent investigation to determine the 51.3 facts relevant to the situation of the child and the family, 51.4 which must include, unless specifically excluded by the court, 51.5 reviewing relevant documents; meeting with and observing the 51.6 child in the home setting and considering the child's wishes, as 51.7 appropriate; and interviewing parents, caregivers, and others 51.8 with knowledge relevant to the case; 51.9 (2) advocate for the child's best interests by 51.10 participating in appropriate aspects of the case and advocating 51.11 for appropriate community services when necessary; 51.12 (3) maintain the confidentiality of information related to 51.13 a case, with the exception of sharing information as permitted 51.14 by law to promote cooperative solutions that are in the best 51.15 interests of the child; 51.16 (4) monitor the child's best interests throughout the 51.17 judicial proceeding; and 51.18 (5) present written reports on the child's best interests 51.19 that include conclusions and recommendations and the facts upon 51.20 which they are based. 51.21 (c) The court may waive the appointment of a guardian ad 51.22 litem pursuant to paragraph (a), whenever counsel has been 51.23 appointed pursuant to subdivision 2 or is retained otherwise, 51.24 and the court is satisfied that the interests of the minor are 51.25 protected. 51.26 (d) In appointing a guardian ad litem pursuant to paragraph 51.27 (a), the court shall not appoint the party, or any agent or 51.28 employee thereof, filing a petition pursuant to section 260B.141 51.29 and 260C.141. 51.30 (e) The following factors shall be considered when 51.31 appointing a guardian ad litem in a case involving an Indian or 51.32 minority child: 51.33 (1) whether a person is available who is the same racial or 51.34 ethnic heritage as the child or, if that is not possible; 51.35 (2) whether a person is available who knows and appreciates 51.36 the child's racial or ethnic heritage. 52.1 (f) The court shall require a background study for each 52.2 guardian ad litem as provided under section 518.165. The court 52.3 shall have access to data collected pursuant to section 245C.32 52.4 for purposes of the background study. 52.5 Sec. 41. Minnesota Statutes 2004, section 260C.163, 52.6 subdivision 5, is amended to read: 52.7 Subd. 5. [GUARDIAN AD LITEM.] (a) The court shall appoint 52.8 a guardian ad litem to protect the interests of the minor when 52.9 it appears, at any stage of the proceedings, that the minor is 52.10 without a parent or guardian, or that the minor's parent is a 52.11 minor or incompetent, or that the parent or guardian is 52.12 indifferent or hostile to the minor's interests, and in every 52.13 proceeding alleging a child's need for protection or services 52.14 under section 260C.007, subdivision 6, except proceedings where 52.15 the sole allegation is that the child is a runaway or habitual 52.16 truant. In any other case the court may appoint a guardian ad 52.17 litem to protect the interests of the minor when the court feels 52.18 that such an appointment is desirable. The court shall appoint 52.19 the guardian ad litem on its own motion or in the manner 52.20 provided for the appointment of a guardian ad litem in the 52.21 district court. The court may appoint separate counsel for the 52.22 guardian ad litem if necessary. 52.23 (b) A guardian ad litem shall carry out the following 52.24 responsibilities: 52.25 (1) conduct an independent investigation to determine the 52.26 facts relevant to the situation of the child and the family, 52.27 which must include, unless specifically excluded by the court, 52.28 reviewing relevant documents; meeting with and observing the 52.29 child in the home setting and considering the child's wishes, as 52.30 appropriate; and interviewing parents, caregivers, and others 52.31 with knowledge relevant to the case; 52.32 (2) advocate for the child's best interests by 52.33 participating in appropriate aspects of the case and advocating 52.34 for appropriate community services when necessary; 52.35 (3) maintain the confidentiality of information related to 52.36 a case, with the exception of sharing information as permitted 53.1 by law to promote cooperative solutions that are in the best 53.2 interests of the child; 53.3 (4) monitor the child's best interests throughout the 53.4 judicial proceeding; and 53.5 (5) present written reports on the child's best interests 53.6 that include conclusions and recommendations and the facts upon 53.7 which they are based. 53.8 (c) Except in cases where the child is alleged to have been 53.9 abused or neglected, the court may waive the appointment of a 53.10 guardian ad litem pursuant to clause (a), whenever counsel has 53.11 been appointed pursuant to subdivision 2 or is retained 53.12 otherwise, and the court is satisfied that the interests of the 53.13 minor are protected. 53.14 (d) In appointing a guardian ad litem pursuant to clause 53.15 (a), the court shall not appoint the party, or any agent or 53.16 employee thereof, filing a petition pursuant to section 260C.141. 53.17 (e) The following factors shall be considered when 53.18 appointing a guardian ad litem in a case involving an Indian or 53.19 minority child: 53.20 (1) whether a person is available who is the same racial or 53.21 ethnic heritage as the child or, if that is not possible; 53.22 (2) whether a person is available who knows and appreciates 53.23 the child's racial or ethnic heritage. 53.24 (f) The court shall require a background study for each 53.25 guardian ad litem as provided under section 518.165. The court 53.26 shall have access to data collected pursuant to section 245C.32 53.27 for purposes of the background study. 53.28 Sec. 42. Minnesota Statutes 2004, section 299C.093, is 53.29 amended to read: 53.30 299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.] 53.31 The superintendent of the bureau of criminal apprehension 53.32 shall maintain a computerized data system relating to 53.33 individuals required to register as predatory offenders under 53.34 section 243.166. To the degree feasible, the system must 53.35 include theinformationdata required to be provided under 53.36 section 243.166, subdivisions 4 and 4a, and indicate the time 54.1 period that the person is required to register. The 54.2 superintendent shall maintain thisinformationdata in a manner 54.3 that ensures that it is readily available to law enforcement 54.4 agencies. Thisinformationdata is private data on individuals 54.5 under section 13.02, subdivision 12, but may be used for law 54.6 enforcement and corrections purposes. State-operated services, 54.7 as defined in section 246.014, is also authorized to have access 54.8 to the data for the purposes described in section 246.13, 54.9 subdivision 2, paragraph (c). 54.10 Sec. 43. Minnesota Statutes 2004, section 518.165, is 54.11 amended by adding a subdivision to read: 54.12 Subd. 4. [BACKGROUND STUDY OF GUARDIAN AD LITEM.] (a) The 54.13 court shall initiate a background study through the commissioner 54.14 of human services under section 245C.32 on every guardian ad 54.15 litem appointed under this section if a background study has not 54.16 been completed on the guardian ad litem within the past three 54.17 years. The background study must be completed before the court 54.18 appoints the guardian ad litem, unless the court determines that 54.19 it is in the best interest of the child to appoint a guardian ad 54.20 litem before a background study can be completed by the 54.21 commissioner. The court shall initiate a subsequent background 54.22 study under this paragraph once every three years after the 54.23 guardian has been appointed as long as the individual continues 54.24 to serve as a guardian ad litem. 54.25 (b) The background study must include criminal history data 54.26 from the Bureau of Criminal Apprehension, other criminal history 54.27 data held by the commissioner of human services, and data 54.28 regarding whether the person has been a perpetrator of 54.29 substantiated maltreatment of a minor or a vulnerable adult. 54.30 When the information from the Bureau of Criminal Apprehension 54.31 indicates that the subject of a study under paragraph (a) is a 54.32 multistate offender or that the subject's multistate offender 54.33 status is undetermined, the court shall require a search of the 54.34 National Criminal Records Repository, and shall provide the 54.35 commissioner a set of classifiable fingerprints of the subject 54.36 of the study. 55.1 (c) The Minnesota Supreme Court shall pay the commissioner 55.2 a fee for conducting a background study under section 245C.32. 55.3 (d) Nothing precludes the court from initiating background 55.4 studies using court data on criminal convictions. 55.5 Sec. 44. Minnesota Statutes 2004, section 518.165, is 55.6 amended by adding a subdivision to read: 55.7 Subd. 5. [PROCEDURE, CRIMINAL HISTORY, AND MALTREATMENT 55.8 RECORDS BACKGROUND STUDY.] (a) When the court requests a 55.9 background study under subdivision 4, paragraph (a), the request 55.10 shall be submitted to the Department of Human Services through 55.11 the department's electronic online background study system. 55.12 (b) When the court requests a search of the National 55.13 Criminal Records Repository, the court must provide a set of 55.14 classifiable fingerprints of the subject of the study on a 55.15 fingerprint card provided by the commissioner of human services. 55.16 (c) The commissioner of human services shall provide the 55.17 court with information from the Bureau of Criminal 55.18 Apprehension's Criminal Justice Information System, other 55.19 criminal history data held by the commissioner of human 55.20 services, and data regarding substantiated maltreatment of a 55.21 minor under section 626.556, and substantiated maltreatment of a 55.22 vulnerable adult under section 626.557, within 15 working days 55.23 of receipt of a request. If the subject of the study has been 55.24 determined by the Department of Human Services or the Department 55.25 of Health to be the perpetrator of substantiated maltreatment of 55.26 a minor or vulnerable adult in a licensed facility, the response 55.27 must include a copy of the public portion of the investigation 55.28 memorandum under section 626.556, subdivision 10f, or the public 55.29 portion of the investigation memorandum under section 626.557, 55.30 subdivision 12b. When the background study shows that the 55.31 subject has been determined by a county adult protection or 55.32 child protection agency to have been responsible for 55.33 maltreatment, the court shall be informed of the county, the 55.34 date of the finding, and the nature of the maltreatment that was 55.35 substantiated. The commissioner shall provide the court with 55.36 information from the National Criminal Records Repository within 56.1 three working days of the commissioner's receipt of the data. 56.2 When the commissioner finds no criminal history or substantiated 56.3 maltreatment on a background study subject, the commissioner 56.4 shall make these results available to the court electronically 56.5 through the secure online background study system. 56.6 (d) Notwithstanding section 626.556, subdivision 10f, or 56.7 626.557, subdivision 12b, if the commissioner or county lead 56.8 agency has information that a person on whom a background study 56.9 was previously done under this section has been determined to be 56.10 a perpetrator of maltreatment of a minor or vulnerable adult, 56.11 the commissioner or the county may provide this information to 56.12 the court that requested the background study. 56.13 Sec. 45. Minnesota Statutes 2004, section 518.165, is 56.14 amended by adding a subdivision to read: 56.15 Subd. 6. [RIGHTS.] The court shall notify the subject of a 56.16 background study that the subject has the following rights: 56.17 (1) the right to be informed that the court will request a 56.18 background study on the subject for the purpose of determining 56.19 whether the person's appointment or continued appointment is in 56.20 the best interests of the child; 56.21 (2) the right to be informed of the results of the study 56.22 and to obtain from the court a copy of the results; and 56.23 (3) the right to challenge the accuracy and completeness of 56.24 the information contained in the results to the agency 56.25 responsible for creation of the data except to the extent 56.26 precluded by section 256.045, subdivision 3. 56.27 Sec. 46. Minnesota Statutes 2004, section 609A.03, 56.28 subdivision 7, is amended to read: 56.29 Subd. 7. [LIMITATIONS OF ORDER.] (a) Upon issuance of an 56.30 expungement order related to a charge supported by probable 56.31 cause, the DNA samples and DNA records held by the Bureau of 56.32 Criminal Apprehension shall not be sealed, returned to the 56.33 subject of the record, or destroyed. 56.34 (b) Notwithstanding the issuance of an expungement order: 56.35 (1) an expunged record may be opened for purposes of a 56.36 criminal investigation, prosecution, or sentencing, upon an ex 57.1 parte court order;and57.2 (2) an expunged record of a conviction may be opened for 57.3 purposes of evaluating a prospective employee in a criminal 57.4 justice agency without a court order; and 57.5 (3) an expunged record of a conviction may be opened for 57.6 purposes of a background study under section 245C.08 unless the 57.7 court order for expungement is directed specifically to the 57.8 commissioner of human services. 57.9 Upon request by law enforcement, prosecution, or 57.10 corrections authorities, an agency or jurisdiction subject to an 57.11 expungement order shall inform the requester of the existence of 57.12 a sealed record and of the right to obtain access to it as 57.13 provided by this paragraph. For purposes of this section, a 57.14 "criminal justice agency" means courts or a government agency 57.15 that performs the administration of criminal justice under 57.16 statutory authority. 57.17 Sec. 47. Minnesota Statutes 2004, section 626.556, 57.18 subdivision 10i, is amended to read: 57.19 Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF FINAL 57.20 DETERMINATION OF MALTREATMENT AND DISQUALIFICATION BASED ON 57.21 SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as 57.22 provided under paragraph (e), an individual or facility that the 57.23 commissioner of human services, a local social service agency, 57.24 or the commissioner of education determines has maltreated a 57.25 child, an interested person acting on behalf of the child, 57.26 regardless of the determination, who contests the investigating 57.27 agency's final determination regarding maltreatment, may request 57.28 the investigating agency to reconsider its final determination 57.29 regarding maltreatment. The request for reconsideration must be 57.30 submitted in writing to the investigating agency within 15 57.31 calendar days after receipt of notice of the final determination 57.32 regarding maltreatment or, if the request is made by an 57.33 interested person who is not entitled to notice, within 15 days 57.34 after receipt of the notice by the parent or guardian of the 57.35 child. If mailed, the request for reconsideration must be 57.36 postmarked and sent to the investigating agency within 15 58.1 calendar days of the individual's or facility's receipt of the 58.2 final determination. If the request for reconsideration is made 58.3 by personal service, it must be received by the investigating 58.4 agency within 15 calendar days after the individual's or 58.5 facility's receipt of the final determination. Effective 58.6 January 1, 2002, an individual who was determined to have 58.7 maltreated a child under this section and who was disqualified 58.8 on the basis of serious or recurring maltreatment under sections 58.9 245C.14 and 245C.15, may request reconsideration of the 58.10 maltreatment determination and the disqualification. The 58.11 request for reconsideration of the maltreatment determination 58.12 and the disqualification must be submitted within 30 calendar 58.13 days of the individual's receipt of the notice of 58.14 disqualification under sections 245C.16 and 245C.17. If mailed, 58.15 the request for reconsideration of the maltreatment 58.16 determination and the disqualification must be postmarked and 58.17 sent to the investigating agency within 30 calendar days of the 58.18 individual's receipt of the maltreatment determination and 58.19 notice of disqualification. If the request for reconsideration 58.20 is made by personal service, it must be received by the 58.21 investigating agency within 30 calendar days after the 58.22 individual's receipt of the notice of disqualification. 58.23 (b) Except as provided under paragraphs (e) and (f), if the 58.24 investigating agency denies the request or fails to act upon the 58.25 request within 15calendarworking days after receiving the 58.26 request for reconsideration, the person or facility entitled to 58.27 a fair hearing under section 256.045 may submit to the 58.28 commissioner of human services or the commissioner of education 58.29 a written request for a hearing under that section. Section 58.30 256.045 also governs hearings requested to contest a final 58.31 determination of the commissioner of education. For reports 58.32 involving maltreatment of a child in a facility, an interested 58.33 person acting on behalf of the child may request a review by the 58.34 Child Maltreatment Review Panel under section 256.022 if the 58.35 investigating agency denies the request or fails to act upon the 58.36 request or if the interested person contests a reconsidered 59.1 determination. The investigating agency shall notify persons 59.2 who request reconsideration of their rights under this 59.3 paragraph. The request must be submitted in writing to the 59.4 review panel and a copy sent to the investigating agency within 59.5 30 calendar days of receipt of notice of a denial of a request 59.6 for reconsideration or of a reconsidered determination. The 59.7 request must specifically identify the aspects of the agency 59.8 determination with which the person is dissatisfied. 59.9 (c) If, as a result of a reconsideration or review, the 59.10 investigating agency changes the final determination of 59.11 maltreatment, that agency shall notify the parties specified in 59.12 subdivisions 10b, 10d, and 10f. 59.13 (d) Except as provided under paragraph (f), if an 59.14 individual or facility contests the investigating agency's final 59.15 determination regarding maltreatment by requesting a fair 59.16 hearing under section 256.045, the commissioner of human 59.17 services shall assure that the hearing is conducted and a 59.18 decision is reached within 90 days of receipt of the request for 59.19 a hearing. The time for action on the decision may be extended 59.20 for as many days as the hearing is postponed or the record is 59.21 held open for the benefit of either party. 59.22 (e) Effective January 1, 2002, if an individual was 59.23 disqualified under sections 245C.14 and 245C.15, on the basis of 59.24 a determination of maltreatment, which was serious or recurring, 59.25 and the individual has requested reconsideration of the 59.26 maltreatment determination under paragraph (a) and requested 59.27 reconsideration of the disqualification under sections 245C.21 59.28 to 245C.27, reconsideration of the maltreatment determination 59.29 and reconsideration of the disqualification shall be 59.30 consolidated into a single reconsideration. If reconsideration 59.31 of the maltreatment determination is denied or the 59.32 disqualification is not set aside under sections 245C.21 to 59.33 245C.27, the individual may request a fair hearing under section 59.34 256.045. If an individual requests a fair hearing on the 59.35 maltreatment determination and the disqualification, the scope 59.36 of the fair hearing shall include both the maltreatment 60.1 determination and the disqualification. 60.2 (f) Effective January 1, 2002, if a maltreatment 60.3 determination or a disqualification based on serious or 60.4 recurring maltreatment is the basis for a denial of a license 60.5 under section 245A.05 or a licensing sanction under section 60.6 245A.07, the license holder has the right to a contested case 60.7 hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 60.8 1400.8612. As provided for under section 245A.08, subdivision 60.9 2a, the scope of the contested case hearing shall include the 60.10 maltreatment determination, disqualification, and licensing 60.11 sanction or denial of a license. In such cases, a fair hearing 60.12 regarding the maltreatment determination shall not be conducted 60.13 under paragraph (b). When a fine is based on a determination 60.14 that the license holder is responsible for maltreatment and the 60.15 fine is issued at the same time as the maltreatment 60.16 determination, if the license holder appeals the maltreatment 60.17 and fine, reconsideration of the maltreatment determination 60.18 shall not be conducted under this section. If the disqualified 60.19 subject is an individual other than the license holder and upon 60.20 whom a background study must be conducted under chapter 245C, 60.21 the hearings of all parties may be consolidated into a single 60.22 contested case hearing upon consent of all parties and the 60.23 administrative law judge. 60.24 (g) For purposes of this subdivision, "interested person 60.25 acting on behalf of the child" means a parent or legal guardian; 60.26 stepparent; grandparent; guardian ad litem; adult stepbrother, 60.27 stepsister, or sibling; or adult aunt or uncle; unless the 60.28 person has been determined to be the perpetrator of the 60.29 maltreatment. 60.30 Sec. 48. Minnesota Statutes 2004, section 626.557, 60.31 subdivision 9d, is amended to read: 60.32 Subd. 9d. [ADMINISTRATIVE RECONSIDERATION OF FINAL 60.33 DISPOSITION OF MALTREATMENT AND DISQUALIFICATION BASED ON 60.34 SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] (a) Except as 60.35 provided under paragraph (e), any individual or facility which a 60.36 lead agency determines has maltreated a vulnerable adult, or the 61.1 vulnerable adult or an interested person acting on behalf of the 61.2 vulnerable adult, regardless of the lead agency's determination, 61.3 who contests the lead agency's final disposition of an 61.4 allegation of maltreatment, may request the lead agency to 61.5 reconsider its final disposition. The request for 61.6 reconsideration must be submitted in writing to the lead agency 61.7 within 15 calendar days after receipt of notice of final 61.8 disposition or, if the request is made by an interested person 61.9 who is not entitled to notice, within 15 days after receipt of 61.10 the notice by the vulnerable adult or the vulnerable adult's 61.11 legal guardian. If mailed, the request for reconsideration must 61.12 be postmarked and sent to the lead agency within 15 calendar 61.13 days of the individual's or facility's receipt of the final 61.14 disposition. If the request for reconsideration is made by 61.15 personal service, it must be received by the lead agency within 61.16 15 calendar days of the individual's or facility's receipt of 61.17 the final disposition. An individual who was determined to have 61.18 maltreated a vulnerable adult under this section and who was 61.19 disqualified on the basis of serious or recurring maltreatment 61.20 under sections 245C.14 and 245C.15, may request reconsideration 61.21 of the maltreatment determination and the disqualification. The 61.22 request for reconsideration of the maltreatment determination 61.23 and the disqualification must be submitted in writing within 30 61.24 calendar days of the individual's receipt of the notice of 61.25 disqualification under sections 245C.16 and 245C.17. If mailed, 61.26 the request for reconsideration of the maltreatment 61.27 determination and the disqualification must be postmarked and 61.28 sent to the lead agency within 30 calendar days of the 61.29 individual's receipt of the notice of disqualification. If the 61.30 request for reconsideration is made by personal service, it must 61.31 be received by the lead agency within 30 calendar days after the 61.32 individual's receipt of the notice of disqualification. 61.33 (b) Except as provided under paragraphs (e) and (f), if the 61.34 lead agency denies the request or fails to act upon the request 61.35 within 15calendarworking days after receiving the request for 61.36 reconsideration, the person or facility entitled to a fair 62.1 hearing under section 256.045, may submit to the commissioner of 62.2 human services a written request for a hearing under that 62.3 statute. The vulnerable adult, or an interested person acting 62.4 on behalf of the vulnerable adult, may request a review by the 62.5 Vulnerable Adult Maltreatment Review Panel under section 256.021 62.6 if the lead agency denies the request or fails to act upon the 62.7 request, or if the vulnerable adult or interested person 62.8 contests a reconsidered disposition. The lead agency shall 62.9 notify persons who request reconsideration of their rights under 62.10 this paragraph. The request must be submitted in writing to the 62.11 review panel and a copy sent to the lead agency within 30 62.12 calendar days of receipt of notice of a denial of a request for 62.13 reconsideration or of a reconsidered disposition. The request 62.14 must specifically identify the aspects of the agency 62.15 determination with which the person is dissatisfied. 62.16 (c) If, as a result of a reconsideration or review, the 62.17 lead agency changes the final disposition, it shall notify the 62.18 parties specified in subdivision 9c, paragraph (d). 62.19 (d) For purposes of this subdivision, "interested person 62.20 acting on behalf of the vulnerable adult" means a person 62.21 designated in writing by the vulnerable adult to act on behalf 62.22 of the vulnerable adult, or a legal guardian or conservator or 62.23 other legal representative, a proxy or health care agent 62.24 appointed under chapter 145B or 145C, or an individual who is 62.25 related to the vulnerable adult, as defined in section 245A.02, 62.26 subdivision 13. 62.27 (e) If an individual was disqualified under sections 62.28 245C.14 and 245C.15, on the basis of a determination of 62.29 maltreatment, which was serious or recurring, and the individual 62.30 has requested reconsideration of the maltreatment determination 62.31 under paragraph (a) and reconsideration of the disqualification 62.32 under sections 245C.21 to 245C.27, reconsideration of the 62.33 maltreatment determination and requested reconsideration of the 62.34 disqualification shall be consolidated into a single 62.35 reconsideration. If reconsideration of the maltreatment 62.36 determination is denied or if the disqualification is not set 63.1 aside under sections 245C.21 to 245C.27, the individual may 63.2 request a fair hearing under section 256.045. If an individual 63.3 requests a fair hearing on the maltreatment determination and 63.4 the disqualification, the scope of the fair hearing shall 63.5 include both the maltreatment determination and the 63.6 disqualification. 63.7 (f) If a maltreatment determination or a disqualification 63.8 based on serious or recurring maltreatment is the basis for a 63.9 denial of a license under section 245A.05 or a licensing 63.10 sanction under section 245A.07, the license holder has the right 63.11 to a contested case hearing under chapter 14 and Minnesota 63.12 Rules, parts 1400.8505 to 1400.8612. As provided for under 63.13 section 245A.08, the scope of the contested case hearing shall 63.14 include the maltreatment determination, disqualification, and 63.15 licensing sanction or denial of a license. In such cases, a 63.16 fair hearing shall not be conducted under paragraph (b). When a 63.17 fine is based on a determination that the license holder is 63.18 responsible for maltreatment and the fine is issued at the same 63.19 time as the maltreatment determination, if the license holder 63.20 appeals the maltreatment and fine, reconsideration of the 63.21 maltreatment determination shall not be conducted under this 63.22 section. If the disqualified subject is an individual other 63.23 than the license holder and upon whom a background study must be 63.24 conducted under chapter 245C, the hearings of all parties may be 63.25 consolidated into a single contested case hearing upon consent 63.26 of all parties and the administrative law judge. 63.27 (g) Until August 1, 2002, an individual or facility that 63.28 was determined by the commissioner of human services or the 63.29 commissioner of health to be responsible for neglect under 63.30 section 626.5572, subdivision 17, after October 1, 1995, and 63.31 before August 1, 2001, that believes that the finding of neglect 63.32 does not meet an amended definition of neglect may request a 63.33 reconsideration of the determination of neglect. The 63.34 commissioner of human services or the commissioner of health 63.35 shall mail a notice to the last known address of individuals who 63.36 are eligible to seek this reconsideration. The request for 64.1 reconsideration must state how the established findings no 64.2 longer meet the elements of the definition of neglect. The 64.3 commissioner shall review the request for reconsideration and 64.4 make a determination within 15 calendar days. The 64.5 commissioner's decision on this reconsideration is the final 64.6 agency action. 64.7 (1) For purposes of compliance with the data destruction 64.8 schedule under subdivision 12b, paragraph (d), when a finding of 64.9 substantiated maltreatment has been changed as a result of a 64.10 reconsideration under this paragraph, the date of the original 64.11 finding of a substantiated maltreatment must be used to 64.12 calculate the destruction date. 64.13 (2) For purposes of any background studies under chapter 64.14 245C, when a determination of substantiated maltreatment has 64.15 been changed as a result of a reconsideration under this 64.16 paragraph, any prior disqualification of the individual under 64.17 chapter 245C that was based on this determination of 64.18 maltreatment shall be rescinded, and for future background 64.19 studies under chapter 245C the commissioner must not use the 64.20 previous determination of substantiated maltreatment as a basis 64.21 for disqualification or as a basis for referring the 64.22 individual's maltreatment history to a health-related licensing 64.23 board under section 245C.31. 64.24 Sec. 49. Minnesota Statutes 2004, section 626.557, 64.25 subdivision 14, is amended to read: 64.26 Subd. 14. [ABUSE PREVENTION PLANS.] (a) Each facility, 64.27 except home health agencies and personal care attendant services 64.28 providers, shall establish and enforce an ongoing written abuse 64.29 prevention plan. The plan shall contain an assessment of the 64.30 physical plant, its environment, and its population identifying 64.31 factors which may encourage or permit abuse, and a statement of 64.32 specific measures to be taken to minimize the risk of abuse. 64.33 The plan shall comply with any rules governing the plan 64.34 promulgated by the licensing agency. 64.35 (b) Each facility, including a home health care agency and 64.36 personal care attendant services providers, shall develop an 65.1 individual abuse prevention plan for each vulnerable adult 65.2 residing there or receiving services from them. The plan shall 65.3 contain an individualized assessment of both the person's 65.4 susceptibility to abuse by other individuals, including other 65.5 vulnerable adults, and the potential risks posed by the person 65.6 to the other patients, to facility staff, and to others; and a 65.7 statement of the specific measures to be taken to minimize the 65.8 risk of abuse to that person and others. For the purposes of 65.9 this clause, the term "abuse" includes self-abuse. 65.10 Sec. 50. [REPEALER.] 65.11 Minnesota Statutes 2004, section 246.017, subdivision 1, is 65.12 repealed.