SF 1724

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; making changes to licensing provisions; modifying
data practices, program administration, disaster plans, education programs,
conditional license provisions, suspensions, sanctions, and contested case
hearings, child care center training, family child care training requirements,
vulnerable adults, maltreatment of minors, background studies, disqualifications,
reconsiderations, disqualification set-asides, fair hearings, appeals, changing
definitions of neglect and physical abuse; amending Minnesota Statutes 2006,
sections 13.46, subdivisions 2, 4; 245A.03, subdivision 2; 245A.04, subdivision
11, by adding subdivisions; 245A.06, subdivision 4; 245A.07, subdivisions 2a,
3, by adding a subdivision; 245A.08, subdivision 2a; 245A.10, subdivision
2; 245A.11, subdivision 7; 245A.14, subdivision 8; 245A.144; 245A.1445;
245A.145, subdivision 1; 245A.18, subdivision 2; 245A.65, subdivision 1, by
adding a subdivision; 245C.02, by adding a subdivision; 245C.05, subdivision 3;
245C.07; 245C.08; 245C.09, subdivision 1; 245C.11, by adding a subdivision;
245C.13, subdivision 2; 245C.14, subdivision 1; 245C.15, subdivisions 1, 2, 3,
4; 245C.16, subdivision 1; 245C.17, subdivisions 2, 3; 245C.21, subdivisions
2, 3; 245C.22, subdivisions 4, 5; 245C.24, subdivision 3; 245C.27, subdivision
1; 245C.28, subdivision 1; 245C.301; 256B.0919, by adding a subdivision;
256B.092, by adding a subdivision; 270B.14, subdivision 1; 626.556,
subdivisions 2, 10e, 10i; 626.557, subdivisions 9c, 9d; 626.5572, subdivision 17;
proposing coding for new law in Minnesota Statutes, chapter 245A; repealing
Minnesota Statutes 2006, sections 245A.023; 245A.14, subdivisions 7, 9, 9a, 12,
13; 245C.06; Minnesota Rules, parts 9502.0385; 9503.0035.

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

Section 1.

Minnesota Statutes 2006, section 13.46, subdivision 2, is amended to read:

Subd. 2.

General.

(a) Unless the data is summary data or a statute specifically
provides a different classification, data on individuals collected, maintained, used, or
disseminated by the welfare system is private data on individuals, and shall not be
disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system, including a law enforcement person, attorney,
or investigator acting for it in the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to
an individual or family across programs; evaluate the effectiveness of programs; new text begin assess
parental contribution amounts; new text end and investigate suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to new text begin assess parental contribution amounts for
purposes of section 252.27, subdivision 2a, new text end administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this clause
are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
but are not limited to, the dependent care credit under section 290.067, the Minnesota
working family credit under section 290.0671, the property tax refund and rental credit
under section 290A.04, and the Minnesota education credit under section 290.0674;

(9) between the Department of Human Services, deleted text begin the Department of Education,
and deleted text end the Department of Employment and Economic Development deleted text begin for the purpose of
monitoring deleted text end new text begin , and when applicable, the Department of Education, for the following purposes:
new text end

new text begin (i) to monitor new text end the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency deleted text begin ,
for the purpose of administering deleted text end new text begin ;
new text end

new text begin (ii) to administer new text end any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system deleted text begin , or deleted text end new text begin ;
new text end

new text begin (iii) new text end to monitor and evaluate the Minnesota family investment program by
exchanging data on recipients and former recipients of food support, cash assistance under
chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical
programs under chapter 256B, 256D, or 256L new text begin ; and
new text end

new text begin (iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in Title
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by section 144.335 and "protected health information" as
defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause new text end ;

(10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or other
individuals or persons;

(11) data maintained by residential programs as defined in section 245A.02 may
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or on behalf
of that person and the person does not have a legal guardian or the state or a designee of
the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
determine eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility under
section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;

(17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request, to a
local, state, or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal
law; or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official
duty;

(19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed to
law enforcement officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section 243.166, but is not
residing at the address at which the recipient is registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the
income of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible for free
and reduced price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a local board of health as
defined in section 145A.02, subdivision 2, when the commissioner or local board of health
has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or law for
the administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;

(28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions; or

(29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
of education.

(b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.

Sec. 2.

Minnesota Statutes 2006, section 13.46, subdivision 4, is amended to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" means all data collected, maintained, used, or disseminated by
the welfare system pertaining to persons licensed or registered or who apply for licensure
or registration or who formerly were licensed or registered under the authority of the
commissioner of human services;

(2) "client" means a person who is receiving services from a licensee or from an
applicant for licensure; and

(3) "personal and personal financial data" means Social Security numbers, identity
of and letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1) Except as provided in paragraph (c), the following data on deleted text begin current deleted text end new text begin applicants,
license holders, new text end and former licensees are public: name, address, telephone number of
licensees, date of receipt of a completed application, dates of licensure, licensed capacity,
type of client preferred, variances granted, record of training and education in child care
and child development, type of dwelling, name and relationship of other family members,
previous license history, class of license, the existence and status of complaints, and the
number of serious injuries to or deaths of individuals in the licensed program as reported
to the commissioner of human services, the local social services agency, or any other
county welfare agency. For purposes of this clause, a serious injury is one that is treated
by a physician. When a correction order or fine has been issued, a license is suspended,
immediately suspended, revoked, denied, or made conditional, or a complaint is resolved,
the following data on current and former licensees new text begin and applicants new text end are public: the substance
and investigative findings of the licensing or maltreatment complaint, licensing violation,
or substantiated maltreatment; the record of informal resolution of a licensing violation;
orders of hearing; findings of fact; conclusions of law; specifications of the final correction
order, fine, suspension, immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; and the status of any appeal of these actions.

(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b,
when any person subject to disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care center services, foster care
for children in the provider's home, or foster care or day care services for adults in the
provider's home is a substantiated perpetrator of maltreatment, and the substantiated
maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator
of maltreatment is public data. For purposes of this clause, a person is a substantiated
perpetrator if the maltreatment determination has been upheld under section 256.045;
626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or
facility has not timely exercised appeal rights under these sections.

(3) For applicants who withdraw their application prior to licensure or denial of a
license, the following data are public: the name of the applicant, the city and county in
which the applicant was seeking licensure, the dates of the commissioner's receipt of the
initial application and completed application, the type of license sought, and the date
of withdrawal of the application.

(4) For applicants who are denied a license, the following data are public: the name
new text begin and address new text end of the applicant, the city and county in which the applicant was seeking
licensure, the dates of the commissioner's receipt of the initial application and completed
application, the type of license sought, the date of denial of the application, the nature of
the basis for the denial, new text begin the record of informal resolution of a denial, orders of hearings,
findings of fact, conclusions of law, specifications of the final order of denial, new text end and the
status of any appeal of the denial.

(5) The following data on persons subject to disqualification under section 245C.14
in connection with a license to provide family day care for children, child care center
services, foster care for children in the provider's home, or foster care or day care services
for adults in the provider's home, are public: the nature of any disqualification set
aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the
disqualification; the nature of any disqualification for which a variance was granted under
sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance
under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person
subject to a background study under section 245C.03, subdivision 1, has successfully
passed a background study.

(6) When maltreatment is substantiated under section 626.556 or 626.557 and the
victim and the substantiated perpetrator are affiliated with a program licensed under
chapter 245A, the commissioner of human services, local social services agency, or
county welfare agency may inform the license holder where the maltreatment occurred of
the identity of the substantiated perpetrator and the victim.

new text begin (7) Notwithstanding clause (1), for child foster care, only the name of the license
holder and the status of the license are public if the county attorney has requested that data
otherwise classified as public data under clause (1) be considered private data based on the
best interests of a child in placement in a licensed program.
new text end

(c) The following are private data on individuals under section 13.02, subdivision
12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial
data on family day care program and family foster care program applicants and licensees
and their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have
made reports concerning licensees or applicants that appear in inactive investigative data,
and the records of clients or employees of the licensee or applicant for licensure whose
records are received by the licensing agency for purposes of review or in anticipation of
a contested matter. The names of reporters under sections 626.556 and 626.557 may be
disclosed only as provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under
this subdivision become public data if submitted to a court or administrative law judge as
part of a disciplinary proceeding in which there is a public hearing concerning a license
which has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report as defined in section 626.556,
subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of
sections 626.556, subdivision 11c, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the Department of Health
for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant
to section 241.021.

(i) Data on individuals collected according to licensing activities under chapters
245A and 245C, and data on individuals collected by the commissioner of human services
according to maltreatment investigations under sections 626.556 and 626.557, may be
shared with the Department of Human Rights, the Department of Health, the Department
of Corrections, the Ombudsman for Mental Health and Developmental Disabilities, and
the individual's professional regulatory board when there is reason to believe that laws or
standards under the jurisdiction of those agencies may have been violated.

(j) In addition to the notice of determinations required under section 626.556,
subdivision 10f, if the commissioner or the local social services agency has determined
that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social
services agency knows that the individual is a person responsible for a child's care in
another facility, the commissioner or local social services agency shall notify the head
of that facility of this determination. The notification must include an explanation of the
individual's available appeal rights and the status of any appeal. If a notice is given under
this paragraph, the government entity making the notification shall provide a copy of the
notice to the individual who is the subject of the notice.

(k) All not public data collected, maintained, used, or disseminated under this
subdivision and subdivision 3 may be exchanged between the Department of Human
Services, Licensing Division, and the Department of Corrections for purposes of
regulating services for which the Department of Human Services and the Department
of Corrections have regulatory authority.

Sec. 3.

Minnesota Statutes 2006, section 245A.03, subdivision 2, is amended to read:

Subd. 2.

Exclusion from licensure.

(a) This chapter does not apply to:

(1) residential or nonresidential programs that are provided to a person by an
individual who is related unless the residential program is a child foster care placement
made by a local social services agency or a licensed child-placing agency, except as
provided in subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons
from a single related family;

(3) residential or nonresidential programs that are provided to adults who do
not abuse chemicals or who do not have a chemical dependency, a mental illness, a
developmental disability, a functional impairment, or a physical disability;

(4) sheltered workshops or work activity programs that are certified by the
commissioner of economic security;

(5) programs operated by a public school for children 33 months or older;

(6) nonresidential programs primarily for children that provide care or supervision
for periods of less than three hours a day while the child's parent or legal guardian is in
the same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as
specified under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that provide
services for five or more persons whose primary diagnosis is mental illness that do not
provide intensive residential treatment;

(9) homes providing programs for persons placed deleted text begin there deleted text end by a new text begin county or a new text end licensed
agency for legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that are operated or approved by a
park and recreation board whose primary purpose is to provide social and recreational
activities;

(12) programs operated by a school as defined in section 120A.22, subdivision 4,
whose primary purpose is to provide child care to school-age children;

(13) Head Start nonresidential programs which operate for less than 45 days in
each calendar year;

(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;

(15) programs for children such as scouting, boys clubs, girls clubs, and sports and
art programs, and nonresidential programs for children provided for a cumulative total of
less than 30 days in any 12-month period;

(16) residential programs for persons with mental illness, that are located in hospitals;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or
the congregate care of children by a church, congregation, or religious society during the
period used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;

(19) mental health outpatient services for adults with mental illness or children
with emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural
or educational exchange, until the commissioner adopts appropriate rules;

(21) unrelated individuals who provide out-of-home respite care services to persons
with developmental disabilities from a single related family for no more than 90 days in a
12-month period and the respite care services are for the temporary relief of the person's
family or legal representative;

(22) respite care services provided as a home and community-based service to a
person with a developmental disability, in the person's primary residence;

(23) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;

(24) the placement of a child by a birth parent or legal guardian in a preadoptive
home for purposes of adoption as authorized by section 259.47;

(25) settings registered under chapter 144D which provide home care services
licensed by the commissioner of health to fewer than seven adults; or

(26) consumer-directed community support service funded under the Medicaid
waiver for persons with developmental disabilities when the individual who provided
the service is:

(i) the same individual who is the direct payee of these specific waiver funds or paid
by a fiscal agent, fiscal intermediary, or employer of record; and

(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service.

(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.

(c) Nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.

Sec. 4.

Minnesota Statutes 2006, section 245A.04, subdivision 11, is amended to read:

Subd. 11.

Education program; additional requirement.

(a) The education
program offered in a residential or nonresidential program, except for child care, foster
care, or services for adults, must be approved by the commissioner of education before the
commissioner of human services may grant a license to the program.

(b) A residential program licensed new text begin by the commissioner of human services new text end under
Minnesota Rules, parts deleted text begin 9545.0905 to 9545.1125 or 9545.1400 to 9545.1480 deleted text end new text begin 2960.0010 to
2960.0710 new text end , may serve persons through the age of 19 when:

(1) the admission new text begin or continued stay new text end is necessary for a person to complete a secondary
school program or its equivalent, or it is necessary to facilitate a transition period after
completing the secondary school program or its equivalent for up to four months in order
for the resident to obtain other living arrangements;

(2) the facility develops policies, procedures, and plans required under section
245A.65;

(3) the facility documents an assessment of the 18- or 19-year-old person's risk
of victimizing children residing in the facility, and develops necessary risk reduction
measures, including sleeping arrangements, to minimize any risk of harm to children; and

(4) notwithstanding the license holder's target population age range, whenever
persons age 18 or 19 years old are receiving residential services, the age difference among
residents may not exceed five years.

(c) Nothing in this paragraph precludes the license holder from seeking other
variances under subdivision 9.

Sec. 5.

Minnesota Statutes 2006, section 245A.04, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Policies and procedures for program administration required and
enforceable. new text end

new text begin (a) The license holder shall develop program policies and procedures
necessary to maintain compliance with licensing requirements under Minnesota Statutes
and Minnesota Rules.
new text end

new text begin (b) The license holder shall:
new text end

new text begin (1) provide training to program staff related to their duties in implementing the
program's policies and procedures developed under paragraph (a);
new text end

new text begin (2) document the provision of this training; and
new text end

new text begin (3) monitor implementation of policies and procedures by program staff.
new text end

new text begin (c) The license holder shall keep program policies and procedures readily accessible
to staff and index the policies and procedures with a table of contents or another method
approved by the commissioner.
new text end

Sec. 6.

Minnesota Statutes 2006, section 245A.04, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Pandemic planning. new text end

new text begin Upon request, the license holder must cooperate
with state and local government disaster planning agencies working to prepare for or react
to emergencies presented by a pandemic outbreak.
new text end

Sec. 7.

Minnesota Statutes 2006, section 245A.06, subdivision 4, is amended to read:

Subd. 4.

Notice of conditional license; reconsideration of conditional license.

If
a license is made conditional, the license holder must be notified of the order by certified
mail or personal service. If mailed, the notice must be mailed to the address shown on
the application or the last known address of the license holder. The notice must state the
reasons the conditional license was ordered and must inform the license holder of the right
to request reconsideration of the conditional license by the commissioner. The license
holder may request reconsideration of the order of conditional license by notifying the
commissioner by certified mail or personal service. The request must be made in writing.
If sent by certified mail, the request must be postmarked and sent to the commissioner
within ten calendar days after the license holder received the order. If a request is made by
personal service, it must be received by the commissioner within ten calendar days after
the license holder received the order. The license holder may submit with the request for
reconsideration written argument or evidence in support of the request for reconsideration.
A timely request for reconsideration shall stay imposition of the terms of the conditional
license until the commissioner issues a decision on the request for reconsideration. If
the commissioner issues a dual order of conditional license under this section and an
order to pay a fine under section 245A.07, subdivision 3, the license holder has a right
to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505
to 1400.8612. The scope of the contested case hearing shall include the fine and the
conditional license. In this case, a reconsideration of the conditional license will not be
conducted under this section. new text begin If the license holder does not appeal the fine, the license
holder does not have a right to a contested case hearing and a reconsideration of the
conditional license must be conducted under this subdivision.
new text end

The commissioner's disposition of a request for reconsideration is final and not
subject to appeal under chapter 14.

Sec. 8.

Minnesota Statutes 2006, section 245A.07, subdivision 2a, is amended to read:

Subd. 2a.

Immediate suspension expedited hearing.

(a) Within five working days
of receipt of the license holder's timely appeal, the commissioner shall request assignment
of an administrative law judge. The request must include a proposed date, time, and place
of a hearing. A hearing must be conducted by an administrative law judge within 30
calendar days of the request for assignment, unless an extension is requested by either
party and granted by the administrative law judge for good cause. The commissioner shall
issue a notice of hearing by certified mail or personal service at least ten working days
before the hearing. The scope of the hearing shall be limited solely to the issue of whether
the temporary immediate suspension should remain in effect pending the commissioner's
final order under section 245A.08, regarding a licensing sanction issued under subdivision
3 following the immediate suspension. The burden of proof in expedited hearings under
this subdivision shall be limited to the commissioner's demonstration that reasonable
cause exists to believe that the license holder's actions or failure to comply with applicable
law or rule poses new text begin , or if the actions of other individuals or conditions in the program poses new text end
an imminent risk of harm to the health, safety, or rights of persons served by the program.

(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten working days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The
record shall close at the end of the ten-day period for submission of exceptions. The
commissioner's final order shall be issued within ten working days from the close of the
record. Within 90 calendar days after a final order affirming an immediate suspension, the
commissioner shall make a determination regarding whether a final licensing sanction
shall be issued under subdivision 3. The license holder shall continue to be prohibited
from operation of the program during this 90-day period.

(c) When the final order under paragraph (b) affirms an immediate suspension, and a
final licensing sanction is issued under subdivision 3 and the license holder appeals that
sanction, the license holder continues to be prohibited from operation of the program
pending a final commissioner's order under section 245A.08, subdivision 5, regarding the
final licensing sanction.

Sec. 9.

Minnesota Statutes 2006, section 245A.07, subdivision 3, is amended to read:

Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may
suspend or revoke a license, or impose a fine if a license holder fails to comply fully with
applicable laws or rules, if a license holder or new text begin , a controlling individual, new text end an individual
living in the household where the licensed services are provided new text begin or is otherwise subject
to a background study new text end has a disqualification which has not been set aside under section
245C.22, or if a license holder knowingly withholds relevant information from or gives
false or misleading information to the commissioner in connection with an application for
a license, in connection with the background study status of an individual, deleted text begin or deleted text end during an
investigation new text begin , or regarding compliance with applicable laws or rules new text end . A license holder
who has had a license suspended, revoked, or has been ordered to pay a fine must be
given notice of the action by certified mail or personal service. If mailed, the notice
must be mailed to the address shown on the application or the last known address of the
license holder. The notice must state the reasons the license was suspended, revoked, or
a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license
holder of the right to a contested case hearing under chapter 14 and Minnesota Rules,
parts 1400.8505 to 1400.8612. The license holder may appeal an order suspending or
revoking a license. The appeal of an order suspending or revoking a license must be made
in writing by certified mail or personal service. If mailed, the appeal must be postmarked
and sent to the commissioner within ten calendar days after the license holder receives
notice that the license has been suspended or revoked. If a request is made by personal
service, it must be received by the commissioner within ten calendar days after the license
holder received the order. Except as provided in subdivision 2a, paragraph (c), a timely
appeal of an order suspending or revoking a license shall stay the suspension or revocation
until the commissioner issues a final order.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the
license holder of the responsibility for payment of fines and the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal
of an order to pay a fine must be made in writing by certified mail or personal service. If
mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the fine has been ordered. If a request is
made by personal service, it must be received by the commissioner within ten calendar
days after the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date
specified. If the license holder fails to fully comply with the order, the commissioner
may issue a second fine or suspend the license until the license holder complies. If the
license holder receives state funds, the state, county, or municipal agencies or departments
responsible for administering the funds shall withhold payments and recover any payments
made while the license is suspended for failure to pay a fine. A timely appeal shall stay
payment of the fine until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services,
in writing, when a violation specified in the order to forfeit a fine is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by certified mail or personal service that a
second fine has been assessed. The license holder may appeal the second fine as provided
under this subdivision.

(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for each
determination of maltreatment of a child under section 626.556 or the maltreatment of
a vulnerable adult under section 626.557; the license holder shall forfeit $200 for each
occurrence of a violation of law or rule governing matters of health, safety, or supervision,
including but not limited to the provision of adequate staff-to-child or adult ratios, and
failure to submit a background study; and the license holder shall forfeit $100 for each
occurrence of a violation of law or rule other than those subject to a $1,000 or $200 fine
above. For purposes of this section, "occurrence" means each violation identified in the
commissioner's fine order.

(5) When a fine has been assessed, the license holder may not avoid payment by
closing, selling, or otherwise transferring the licensed program to a third party. In such an
event, the license holder will be personally liable for payment. In the case of a corporation,
each controlling individual is personally and jointly liable for payment.

Sec. 10.

Minnesota Statutes 2006, section 245A.07, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Appeal of multiple sanctions. new text end

new text begin (a) When the license holder appeals more
than one licensing action or sanction that were simultaneously issued by the commissioner,
the license holder shall specify the actions or sanctions that are being appealed.
new text end

new text begin (b) If there are different timelines prescribed in statutes for the licensing actions or
sanctions being appealed, the license holder must submit the appeal within the longest of
those timelines specified in statutes.
new text end

new text begin (c) The appeal must be made in writing by certified mail or personal service. If
mailed, the appeal must be postmarked and sent to the commissioner within the prescribed
timeline with the first day beginning the day after the license holder receives the certified
letter. If a request is made by personal service, it must be received by the commissioner
within the prescribed timeline with the first day beginning the day after the license holder
receives the certified letter.
new text end

new text begin (d) When there are different timelines prescribed in statutes for the appeal
of licensing actions or sanctions simultaneously issued by the commissioner, the
commissioner shall specify in the notice to the license holder the timeline for appeal
as specified under paragraph (b).
new text end

Sec. 11.

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

Subd. 2a.

Consolidated contested case hearings.

(a) When a denial of a license
under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is
based on a disqualification for which reconsideration was requested and which was not
set aside under section 245C.22, the scope of the contested case hearing shall include
the disqualification and the licensing sanction or denial of a license new text begin , unless otherwise
specified in this subdivision new text end . When the licensing sanction or denial of a license is based on
a determination of maltreatment under section 626.556 or 626.557, or a disqualification
for serious or recurring maltreatment which was not set aside, the scope of the contested
case hearing shall include the maltreatment determination, disqualification, and the
licensing sanction or denial of a license new text begin , unless otherwise specified in this subdivision new text end .
In such cases, a fair hearing under section 256.045 shall not be conducted as provided
for in sections new text begin 245C.27, new text end 626.556, subdivision 10i, and 626.557, subdivision 9d. deleted text begin When a
fine is based on a determination that the license holder is responsible for maltreatment
and the fine is issued at the same time as the maltreatment determination, if the license
holder appeals the maltreatment and fine, the scope of the contested case hearing shall
include the maltreatment determination and fine and reconsideration of the maltreatment
determination shall not be conducted as provided for in sections 626.556, subdivision
10i, and 626.557, subdivision 9d.
deleted text end

(b) new text begin Except for family child care and child foster care, reconsideration of a
maltreatment determination under sections 626.556, subdivision 10i, and 626.557,
subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall
not be conducted when:
new text end

new text begin (1) a denial of a license under section 245A.05 or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder is based on serious or recurring maltreatment;
new text end

new text begin (2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
new text end

new text begin (3) the license holder appeals the maltreatment determination or disqualification,
and denial of a license or licensing sanction. In these cases, a fair hearing shall not be
conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision
9d. The scope of the contested case hearing must include the maltreatment determination,
disqualification, and denial of a license or licensing sanction.
new text end

new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration
of the disqualification shall be conducted under section 245C.22. In such cases, a fair
hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision
10i, and 626.557, subdivision 9d.
new text end

new text begin (c) new text end In consolidated contested case hearings regarding sanctions issued in family child
care, child foster care, family adult day services, and adult foster care, the county attorney
shall defend the commissioner's orders in accordance with section 245A.16, subdivision 4.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner's final order under subdivision 5 is the final agency action
on the issue of maltreatment and disqualification, including for purposes of subsequent
background studies under chapter 245C and is the only administrative appeal of the final
agency determination, specifically, including a challenge to the accuracy and completeness
of data under section 13.04.

deleted text begin (d) deleted text end new text begin (e) new text end When consolidated hearings under this subdivision involve a licensing
sanction based on a previous maltreatment determination for which the commissioner
has issued a final order in an appeal of that determination under section 256.045, or the
individual failed to exercise the right to appeal the previous maltreatment determination
under section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's
order is conclusive on the issue of maltreatment. In such cases, the scope of the
administrative law judge's review shall be limited to the disqualification and the licensing
sanction or denial of a license. In the case of a denial of a license or a licensing sanction
issued to a facility based on a maltreatment determination regarding an individual who is
not the license holder or a household member, the scope of the administrative law judge's
review includes the maltreatment determination.

deleted text begin (e) deleted text end new text begin (f) The hearings of all parties may be consolidated into a single contested case
hearing upon consent of all parties and the administrative law judge, new text end if new text begin :
new text end

new text begin (1) new text end a maltreatment determination or disqualification, which was not set aside under
section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07 deleted text begin , and deleted text end new text begin ;
new text end

new text begin (2) new text end the disqualified subject is an individual other than the license holder and upon
whom a background study must be conducted under section 245C.03 deleted text begin , the hearings of
all parties may be consolidated into a single contested case hearing upon consent of all
parties and the administrative law judge. deleted text end new text begin ; and
new text end

new text begin (3) the individual has a hearing right under section 245C.27.
new text end

deleted text begin (f) Notwithstanding section 245C.27, subdivision 1, paragraph (c), deleted text end new text begin (g) new text end When a denial
of a license under section 245A.05 or a licensing sanction under section 245A.07 is based
on a disqualification for which reconsideration was requested and was not set aside under
section 245C.22, and the deleted text begin disqualification was based on a conviction or an admission to any
crimes listed in section 245C.15 deleted text end new text begin individual otherwise has no hearing right under section
245C.27 new text end , the scope of the administrative law judge's review shall include the denial or
sanction and a determination whether the disqualification should be set aside new text begin , unless
section 245C.24 prohibits the set-aside of the disqualification new text end . In determining whether the
disqualification should be set aside, the administrative law judge shall consider the factors
under section 245C.22, subdivision 4, to determine whether the individual poses a risk of
harm to any person receiving services from the license holder.

deleted text begin (g) deleted text end new text begin (h) new text end Notwithstanding section 245C.30, subdivision 5, when a licensing sanction
under section 245A.07 is based on the termination of a variance under section 245C.30,
subdivision 4, the scope of the administrative law judge's review shall include the sanction
and a determination whether the disqualification should be set aside new text begin , unless section
245C.24 prohibits the set-aside of the disqualification new text end . In determining whether the
disqualification should be set aside, the administrative law judge shall consider the factors
under section 245C.22, subdivision 4, to determine whether the individual poses a risk of
harm to any person receiving services from the license holder.

Sec. 12.

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

Subd. 2.

County fees for background studies and licensing inspections.

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

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

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

(1) in cases of financial hardship;

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

(3) for new providers; or

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

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

new text begin (e) For purposes of adult foster care and child foster care licensing under this
chapter, a county agency may charge a fee to a corporate applicant or corporate license
holder to recover the actual cost of background studies. A county agency may also charge
a fee to a corporate applicant or corporate license holder to recover the actual cost of
licensing inspections, not to exceed $500 annually.
new text end

new text begin (f) Counties may elect to reduce or waive the fees in paragraph (e) under the
following circumstances: (1) in cases of financial hardship; (2) if the county has a shortage
of providers in the county's area; or (3) for new providers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end

Sec. 13.

Minnesota Statutes 2006, section 245A.11, subdivision 7, is amended to read:

Subd. 7.

Adult foster care; variance for alternate overnight supervision.

(a) The
commissioner may grant a variance under section 245A.04, subdivision 9, to rule parts
requiring a caregiver to be present in an adult foster care home during normal sleeping
hours to allow for alternative methods of overnight supervision. The commissioner may
grant the variance if the local county licensing agency recommends the variance and the
county recommendation includes documentation verifying that:

(1) the county has approved the license holder's plan for alternative methods of
providing overnight supervision and determined the plan protects the residents' health,
safety, and rights;

(2) the license holder has obtained written and signed informed consent from
each resident or each resident's legal representative documenting the resident's or legal
representative's agreement with the alternative method of overnight supervision; and

(3) the alternative method of providing overnight supervision new text begin , which may include
the use of technology, new text end is specified for each resident in the resident's: (i) individualized
plan of care; (ii) individual service plan under section 256B.092, subdivision 1b, if
required; or (iii) individual resident placement agreement under Minnesota Rules, part
9555.5105, subpart 19, if required.

(b) To be eligible for a variance under paragraph (a), the adult foster care license
holder must not have had a licensing action under section 245A.06 or 245A.07 during the
prior 24 months based on failure to provide adequate supervision, health care services, or
resident safety in the adult foster care home.

new text begin (c) A license holder requesting a variance under this subdivision to utilize
technology as a component of a plan for alternative overnight supervision may request
the commissioner's review in the absence of a county recommendation. Upon receipt of
such a request from a license holder, the commissioner shall review the variance request
with the county.
new text end

Sec. 14.

Minnesota Statutes 2006, section 245A.14, subdivision 8, is amended to read:

Subd. 8.

Experienced aides; child care centers.

(a) An individual employed as an
aide at a child care center may work with children without being directly supervised for an
amount of time that does not exceed 25 percent of the child care center's daily hours if:

(1) a teacher is in the facility;

(2) the individual has received new text begin within the last three years new text end first aid training deleted text begin within
the last three years deleted text end new text begin that meets the requirements under section 245A.40, subdivision 3, new text end
and CPR training deleted text begin within the last two years deleted text end new text begin that meets the requirements under section
245A.40, subdivision 4 new text end ;

(3) the individual is at least 20 years old; and

(4) the individual has at least 4,160 hours of child care experience as a staff member
in a licensed child care center or as the license holder of a family day care home, 120 days
of which must be in the employment of the current company.

(b) A child care center that uses experienced aides under this subdivision must notify
parents or guardians by posting the notification in each classroom that uses experienced
aides, identifying which staff member is the experienced aide. Records of experienced
aide usage must be kept on-site and given to the commissioner upon request.

(c) A child care center may not use the experienced aide provision for one year
following two determined experienced aide violations within a one-year period.

(d) A child care center may use one experienced aide per every four full-time child
care classroom staff.

Sec. 15.

new text begin [245A.1435] REDUCTION OF RISK OF SUDDEN INFANT DEATH
SYNDROME IN LICENSED PROGRAMS.
new text end

new text begin When a license holder is placing an infant to sleep, the license holder must place the
infant on the infant's back, unless the license holder has documentation from the infant's
parent directing an alternative sleeping position for the infant, and must place the infant in
a crib with a firm mattress. The license holder must not place pillows, quilts, comforters,
sheepskin, pillow-like stuffed toys, or other soft products in the crib with the infant.
Licensed child care providers must meet the crib requirements under section 245A.146.
new text end

Sec. 16.

Minnesota Statutes 2006, section 245A.144, is amended to read:

245A.144 SUDDEN INFANT DEATH AND SHAKEN BABY SYNDROME new text begin
FOR CHILD FOSTER CARE PROVIDERS new text end .

(a) deleted text begin License holders deleted text end new text begin Licensed child foster care providers that care for infants new text end must
document that before staff persons deleted text begin , deleted text end new text begin and new text end caregivers deleted text begin , and helpers deleted text end assist in the care of infants,
they new text begin are instructed on the standards in section 245A.1435 and new text end receive training on reducing
the risk of sudden infant death syndrome and shaken baby syndrome. new text begin This section does not
apply to emergency relative foster care under section 245A.035. new text end The training on reducing
the risk of sudden infant death syndrome and shaken baby syndrome may be provided as:

(1) orientation training to deleted text begin child care center staff under Minnesota Rules, part
9503.0035, subpart 1, and to deleted text end child foster care providers, who care for infants, under
Minnesota Rules, part 2960.3070, subpart 1; new text begin or
new text end

deleted text begin (2) initial training to family and group family child care providers under Minnesota
Rules, part 9502.0385, subpart 2;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end in-service training to deleted text begin child care center staff under Minnesota Rules, part
9503.0035, subpart 4, and to deleted text end child foster care providers, who care for infants, under
Minnesota Rules, part 2960.3070, subpart 2 deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (4) ongoing training to family and group family child care providers under
Minnesota Rules, part 9502.0385, subpart 3.
deleted text end

(b) Training required under this section must be at least one hour in length and must
be completed at least once every five years. At a minimum, the training must address the
risk factors related to sudden infant death syndrome and shaken baby syndrome, means of
reducing the risk of sudden infant death syndrome and shaken baby syndrome deleted text begin in child
care deleted text end , and license holder communication with parents regarding reducing the risk of sudden
infant death syndrome and shaken baby syndrome.

deleted text begin (c) Training for family and group family child care providers must be approved by
the county licensing agency according to Minnesota Rules, part 9502.0385.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end Training for child foster care providers must be approved by the county
licensing agency and fulfills, in part, training required under Minnesota Rules, part
2960.3070.

Sec. 17.

new text begin [245A.1444] TRAINING ON RISK OF SUDDEN INFANT DEATH
SYNDROME AND SHAKEN BABY SYNDROME BY OTHER PROGRAMS.
new text end

new text begin A licensed chemical dependency treatment program that serves clients with infants
who sleep at the program and a licensed children's residential facility that serves infants
must document that before program staff persons or volunteers assist in the care of infants,
they are instructed on the standards in section 245A.1435 and they receive training on
reducing the risk of sudden infant death syndrome and shaken baby syndrome. The
training conducted under this section may be used to fulfill training requirements under
Minnesota Rules, parts 2960.0100, subpart 3; and 9530.6490, subpart 4, item B.
new text end

new text begin This section does not apply to child care centers or family child care programs
governed by sections 245A.40 and 245A.50.
new text end

Sec. 18.

Minnesota Statutes 2006, section 245A.1445, is amended to read:

245A.1445 DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN.

The commissioner shall make available for viewing by all deleted text begin licensed and deleted text end legal
nonlicensed child care providers a video presentation on the dangers associated with
shaking infants and young children. deleted text begin The video presentation shall be part of the initial and
annual training of licensed child care providers. deleted text end Legal nonlicensed child care providers
may participate at their option in a video presentation session offered under this section.
The commissioner shall provide to child care providers and interested individuals, at cost,
copies of a video approved by the commissioner of health under section 144.574 on the
dangers associated with shaking infants and young children.

Sec. 19.

Minnesota Statutes 2006, section 245A.145, subdivision 1, is amended to read:

Subdivision 1.

Policies and procedures.

(a) All licensed child care providers must
develop policies and procedures for reporting suspected child maltreatment that fulfill the
requirements in section 626.556 and must develop policies and procedures for reporting
complaints about the operation of a child care program. The policies and procedures must
include the telephone numbers of the local county child protection agency for reporting
suspected maltreatment; the county licensing agency for family and group family child
care providers; and the state licensing agency for child care centers deleted text begin for reporting other
concerns deleted text end .

(b) The policies and procedures required in paragraph (a) must:

(1) be provided to the parents of all children at the time of enrollment in the child
care program; and

(2) be made available upon request.

Sec. 20.

Minnesota Statutes 2006, section 245A.18, subdivision 2, is amended to read:

Subd. 2.

Child passenger restraint systems; training requirement.

(a) deleted text begin Family
and group family child care, child care centers, child foster care, and other deleted text end Programs
licensed by the Department of Human Services new text begin under Minnesota Rules, chapter 2960, new text end that
serve a child or children under nine years of age must document training that fulfills the
requirements in this subdivision.

(b) Before a license holder, staff person, new text begin or new text end caregiver deleted text begin , or helper deleted text end transports a child
or children under age nine in a motor vehicle, the person transporting the child must
satisfactorily complete training on the proper use and installation of child restraint systems
in motor vehicles. Training completed under this section may be used to meet initial
or ongoing training under deleted text begin the following:
deleted text end

deleted text begin (1) deleted text end Minnesota Rules, part 2960.3070, subparts 1 and 2 deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (2) Minnesota Rules, part , subparts 2 and 3; and
deleted text end

deleted text begin (3) Minnesota Rules, part , subparts 1 and 4.
deleted text end

new text begin For all providers licensed prior to July 1, 2006, the training required in this subdivision
must be obtained by December 31, 2007.
new text end

(c) Training required under this section must be at least one hour in length,
completed at orientation or initial training, and repeated at least once every five years. At
a minimum, the training must address the proper use of child restraint systems based on
the child's size, weight, and age, and the proper installation of a car seat or booster seat in
the motor vehicle used by the license holder to transport the child or children.

(d) Training under paragraph (c) must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public
Safety Web site or by contacting the agency.

(e) Child care providers that only transport school age children as defined in section
245A.02, subdivision 16, in school buses as defined in section 169.01, subdivision 6,
clauses (1) to (4), are exempt from this subdivision.

Sec. 21.

new text begin [245A.40] CHILD CARE CENTER TRAINING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Orientation. new text end

new text begin The child care center license holder must ensure that
every staff person and volunteer is given orientation training and successfully completes
the training before starting assigned duties. The orientation training in this subdivision
applies to volunteers who will have direct contact with or access to children and who are
not under the direct supervision of a staff person. Completion of the orientation must be
documented in the individual's personnel record. The orientation training must include
information about:
new text end

new text begin (1) the center's philosophy, child care program, and procedures for maintaining
health and safety and handling emergencies and accidents;
new text end

new text begin (2) specific job responsibilities;
new text end

new text begin (3) the behavior guidance standards in Minnesota Rules, part 9503.0055; and
new text end

new text begin (4) the reporting responsibilities in section 626.556, and Minnesota Rules, part
9503.0130.
new text end

new text begin Subd. 2. new text end

new text begin Child growth and development training. new text end

new text begin (a) For purposes of child care
centers, the director and all staff hired after July 1, 2006, shall complete and document
at least two hours of child growth and development training within the first year of
employment. For purposes of this subdivision, "child growth and development training"
means training in understanding how children acquire language and develop physically,
cognitively, emotionally, and socially. Training completed under this subdivision may be
used to meet the orientation training requirements under subdivision 1 and the in-service
training requirements under subdivision 7.
new text end

new text begin (b) Notwithstanding paragraph (a), individuals are exempt from this requirement if
they:
new text end

new text begin (1) have taken a three-credit college course on early childhood development within
the past five years;
new text end

new text begin (2) have received a baccalaureate or master's degree in early childhood education or
school-age child care within the past five years;
new text end

new text begin (3) are licensed in Minnesota as a prekindergarten teacher, an early childhood
educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an
early childhood special education teacher, or an elementary teacher with a kindergarten
endorsement; or
new text end

new text begin (4) have received a baccalaureate degree with a Montessori certificate within the
past five years.
new text end

new text begin Subd. 3. new text end

new text begin First aid. new text end

new text begin All teachers and assistant teachers in a child care center
governed by Minnesota Rules, parts 9503.0005 to 9503.0170, and at least one staff person
during field trips and when transporting children in care, must satisfactorily complete first
aid training within 90 days of the start of work, unless the training has been completed
within the previous three years. The first aid training must be repeated at least every three
years, documented in the person's personnel record and indicated on the center's staffing
chart, and provided by an individual approved as a first aid instructor. This training may
be less than eight hours.
new text end

new text begin Subd. 4. new text end

new text begin Cardiopulmonary resuscitation. new text end

new text begin (a) When children are present in a child
care center governed by Minnesota Rules, parts 9503.0005 to 9503.0170, at least one staff
person must be present in the center who has been trained in cardiopulmonary resuscitation
(CPR) and in the treatment of obstructed airways. The CPR training must have been
provided by an individual approved to provide CPR instruction, must be repeated at least
once every three years, and must be documented in the staff person's records.
new text end

new text begin (b) Cardiopulmonary resuscitation training may be provided for less than four hours.
new text end

new text begin (c) Persons qualified to provide cardiopulmonary resuscitation training shall include
individuals approved as cardiopulmonary resuscitation instructors.
new text end

new text begin Subd. 5. new text end

new text begin Sudden infant death syndrome and shaken baby syndrome training.
new text end

new text begin (a) License holders must document that before staff persons care for infants, they are
instructed on the standards in section 245A.1435 and receive training on reducing the
risk of sudden infant death syndrome and shaken baby syndrome. The training in this
subdivision may be provided as orientation training under subdivision 1 and in-service
training under subdivision 7.
new text end

new text begin (b) Training required under this subdivision must be at least one hour in length and
must be completed at least once every five years. At a minimum, the training must address
the risk factors related to sudden infant death syndrome and shaken baby syndrome,
means of reducing the risk of sudden infant death syndrome and shaken baby syndrome in
child care, and license holder communication with parents regarding reducing the risk of
sudden infant death syndrome and shaken baby syndrome.
new text end

new text begin (c) The commissioner shall make available for viewing a video presentation on the
dangers associated with shaking infants and young children. The video presentation must
be part of the orientation and annual in-service training of licensed child care centers. The
commissioner shall provide to child care providers and interested individuals, at cost,
copies of a video approved by the commissioner of health under section 144.574 on the
dangers associated with shaking infants and young children.
new text end

new text begin Subd. 6. new text end

new text begin Child passenger restraint systems; training requirement. new text end

new text begin (a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.
new text end

new text begin (b) Child care centers that serve a child or children under nine years of age must
document training that fulfills the requirements in this subdivision.
new text end

new text begin (1) Before a license holder transports a child or children under age nine in a motor
vehicle, the person placing the child or children in a passenger restraint must satisfactorily
complete training on the proper use and installation of child restraint systems in motor
vehicles. Training completed under this subdivision may be used to meet orientation
training under subdivision 1 and in-service training under subdivision 7.
new text end

new text begin (2) Training required under this subdivision must be at least one hour in length,
completed at orientation, and repeated at least once every five years. At a minimum, the
training must address the proper use of child restraint systems based on the child's size,
weight, and age, and the proper installation of a car seat or booster seat in the motor
vehicle used by the license holder to transport the child or children.
new text end

new text begin (3) Training required under this subdivision must be provided by individuals
who are certified and approved by the Department of Public Safety, Office of Traffic
Safety. License holders may obtain a list of certified and approved trainers through the
Department of Public Safety Web site or by contacting the agency.
new text end

new text begin (4) Child care providers that only transport school-age children as defined in section
245A.02, subdivision 16, in child care buses as defined in section 169.448, subdivision 1,
paragraph (e), are exempt from this subdivision.
new text end

new text begin Subd. 7. new text end

new text begin In-service. new text end

new text begin (a) A license holder must ensure that an annual in-service
training plan is developed and carried out and that it meets the requirements in clauses (1)
to (7). The in-service training plan must:
new text end

new text begin (1) be consistent with the center's child care program plan;
new text end

new text begin (2) meet the training needs of individual staff persons as specified in each staff
person's annual evaluation report;
new text end

new text begin (3) provide training, at least one-fourth of which is by a resource not affiliated
with the license holder;
new text end

new text begin (4) include Minnesota Rules, parts 9503.0005 to 9503.0170, relevant to the staff
person's position and must occur within two weeks of initial employment;
new text end

new text begin (5) provide that at least one-half of the annual in-service training completed by a staff
person each year pertains to the age of children for which the person is providing care;
new text end

new text begin (6) provide that no more than four hours of each annual in-service training
requirement relate to administration, finances, and records training for a teacher, assistant
teacher, or aide; and
new text end

new text begin (7) provide that the remainder of the in-service training requirement be met by
participation in training in child growth and development; learning environment and
curriculum; assessment and planning for individual needs; interactions with children;
families and communities; health, safety, and nutrition; and program planning and
evaluation.
new text end

new text begin (b) For purposes of this subdivision, the following terms have the meanings given
them.
new text end

new text begin (1) "Child growth and development training" has the meaning given it in subdivision
2, paragraph (a).
new text end

new text begin (2) "Learning environment and curriculum" means training in establishing an
environment that provides learning experiences to meet each child's needs, capabilities,
and interests, including early childhood education methods or theory, recreation, sports,
promoting creativity in the arts, arts and crafts methods or theory, and early childhood
special education methods or theory.
new text end

new text begin (3) "Assessment and planning for individual needs" means training in observing and
assessing what children know and can do in order to provide curriculum and instruction
that addresses their developmental and learning needs, including children with special
needs.
new text end

new text begin (4) "Interactions with children" means training in establishing supportive
relationships with children and guiding them as individuals and as part of a group,
including child study techniques and behavior guidance.
new text end

new text begin (5) "Families and communities" means training in working collaboratively with
families, agencies, and organizations to meet children's needs and to encourage the
community's involvement, including family studies and parent involvement.
new text end

new text begin (6) "Health, safety, and nutrition" means training in establishing and maintaining an
environment that ensures children's health, safety, and nourishment, including first aid,
cardiopulmonary resuscitation, child nutrition, and child abuse and neglect prevention.
new text end

new text begin (7) "Program planning and evaluation" means training in establishing, implementing,
evaluating, and enhancing program operations.
new text end

new text begin (c) The director and all program staff persons must annually complete a number of
hours of in-service training equal to at least two percent of the hours for which the director
or program staff person is annually paid, unless one of the following is applicable.
new text end

new text begin (1) A teacher at a child care center must complete one percent of working hours of
in-service training annually if the teacher:
new text end

new text begin (i) possesses a baccalaureate or master's degree in early childhood education or
school-age care;
new text end

new text begin (ii) is licensed in Minnesota as a prekindergarten teacher, an early childhood
educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an
early childhood special education teacher, or an elementary teacher with a kindergarten
endorsement; or
new text end

new text begin (iii) possesses a baccalaureate degree with a Montessori certificate.
new text end

new text begin (2) A teacher or assistant teacher at a child care center must complete one and
one-half percent of working hours of in-service training annually if the individual is:
new text end

new text begin (i) a registered nurse or licensed practical nurse with experience working with
infants;
new text end

new text begin (ii) possesses a Montessori certificate, a technical college certificate in early
childhood development, or a child development associate certificate; or
new text end

new text begin (iii) possesses an associate of arts degree in early childhood education, a
baccalaureate degree in child development, or a technical college diploma in early
childhood development.
new text end

new text begin (d) The number of required training hours may be prorated for individuals not
employed full time or for an entire year.
new text end

new text begin (e) The annual in-service training must be completed within the calendar year for
which it was required. In-service training completed by staff persons is transferable upon
a staff person's change in employment to another child care program.
new text end

new text begin (f) The license holder must ensure that, when a staff person completes in-service
training, the training is documented in the staff person's personnel record. The
documentation must include the date training was completed, the goal of the training and
topics covered, trainer's name and organizational affiliation, trainer's signed statement that
training was successfully completed, and the director's approval of the training.
new text end

new text begin Subd. 8. new text end

new text begin Cultural dynamics and disabilities training for child care providers.
new text end

new text begin (a) The training required of licensed child care center staff must include training in the
cultural dynamics of early childhood development and child care. The cultural dynamics
and disabilities training and skills development of child care providers must be designed
to achieve outcomes for providers of child care that include, but are not limited to:
new text end

new text begin (1) an understanding and support of the importance of culture and differences in
ability in children's identity development;
new text end

new text begin (2) understanding the importance of awareness of cultural differences and
similarities in working with children and their families;
new text end

new text begin (3) understanding and support of the needs of families and children with differences
in ability;
new text end

new text begin (4) developing skills to help children develop unbiased attitudes about cultural
differences and differences in ability;
new text end

new text begin (5) developing skills in culturally appropriate caregiving; and
new text end

new text begin (6) developing skills in appropriate caregiving for children of different abilities.
new text end

new text begin (b) Curriculum for cultural dynamics and disability training shall be approved by
the commissioner.
new text end

new text begin (c) The commissioner shall amend current rules relating to the training of the
licensed child care center staff to require cultural dynamics training. Timelines established
in the rule amendments for complying with the cultural dynamics training requirements
must be based on the commissioner's determination that curriculum materials and trainers
are available statewide.
new text end

new text begin (d) For programs caring for children with special needs, the license holder shall
ensure that any additional staff training required by the child's individual child care
program plan required under Minnesota Rules, part 9503.0065, subpart 3, is provided.
new text end

Sec. 22.

new text begin [245A.50] FAMILY CHILD CARE TRAINING REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Initial training. new text end

new text begin (a) License holders, caregivers, and substitutes must
comply with the training requirements in this section.
new text end

new text begin (b) Helpers who assist with care on a regular basis must complete six hours of
training within one year after the date of initial employment.
new text end

new text begin Subd. 2. new text end

new text begin Child growth and development training. new text end

new text begin (a) For purposes of family and
group family child care, the license holder and each adult caregiver who provides care
in the licensed setting for more than 30 days in any 12-month period shall complete and
document at least two hours of child growth and development training within the first year
of licensure. For purposes of this subdivision, "child growth and development training"
means training in understanding how children acquire language and develop physically,
cognitively, emotionally, and socially.
new text end

new text begin (b) Notwithstanding paragraph (a), individuals are exempt from this requirement if
they:
new text end

new text begin (1) have taken a three-credit course on early childhood development within the
past five years;
new text end

new text begin (2) have received a baccalaureate or masters degree in early childhood education or
school age child care within the past five years;
new text end

new text begin (3) are licensed in Minnesota as a prekindergarten teacher, an early childhood
educator, a kindergarten to grade 6 teacher with a prekindergarten specialty, an early
childhood special education teacher, or an elementary teacher with a kindergarten
endorsement; or
new text end

new text begin (4) have received a baccalaureate degree with a Montessori certificate within the
past five years.
new text end

new text begin Subd. 3. new text end

new text begin First aid. new text end

new text begin (a) When children are present in a family child care home
governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person
must be present in the home who has been trained in first aid. The first aid training must
have been provided by an individual approved to provide first aid instruction. First aid
training may be less than eight hours and persons qualified to provide first aid training
includes individuals approved as first aid instructors.
new text end

new text begin (b) A family child care provider is exempt from the first aid training requirements
under this subdivision related to any substitute caregiver who provides less than 30 hours
of care during any 12-month period.
new text end

new text begin (c) Video training reviewed and approved by the county licensing agency satisfies
the training requirement of this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Cardiopulmonary resuscitation. new text end

new text begin (a) When children are present in a family
child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least
one staff person must be present in the home who has been trained in cardiopulmonary
resuscitation (CPR) and in the treatment of obstructed airways. The CPR training must
have been provided by an individual approved to provide CPR instruction, must be
repeated at least once every three years, and must be documented in the staff person's
records.
new text end

new text begin (b) A family child care provider is exempt from the CPR training requirement in
this subdivision related to any substitute caregiver who provides less than 30 hours of
care during any 12-month period.
new text end

new text begin (c) Video training reviewed and approved by the county licensing agency satisfies
the training requirement of this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Sudden infant death syndrome and shaken baby syndrome training.
new text end

new text begin (a) License holders must document that before staff persons, caregivers, and helpers
assist in the care of infants, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of sudden infant death syndrome and shaken baby
syndrome. The training in this subdivision may be provided as initial training under
subdivision 1 or ongoing training under subdivision 7.
new text end

new text begin (b) Training required under this subdivision must be at least one hour in length and
must be completed at least once every five years. At a minimum, the training must address
the risk factors related to sudden infant death syndrome and shaken baby syndrome,
means of reducing the risk of sudden infant death syndrome and shaken baby syndrome in
child care, and license holder communication with parents regarding reducing the risk of
sudden infant death syndrome and shaken baby syndrome.
new text end

new text begin (c) Training for family and group family child care providers must be approved
by the county licensing agency.
new text end

new text begin (d) The commissioner shall make available for viewing by all licensed child care
providers a video presentation on the dangers associated with shaking infants and young
children. The video presentation shall be part of the initial and ongoing training of
licensed child care providers. The commissioner shall provide to child care providers and
interested individuals, at cost, copies of a video approved by the commissioner of health
under section 144.574 on the dangers associated with shaking infants and young children.
new text end

new text begin Subd. 6. new text end

new text begin Child passenger restraint systems; training requirement. new text end

new text begin (a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.
new text end

new text begin (b) Family and group family child care programs licensed by the Department of
Human Services that serve a child or children under nine years of age must document
training that fulfills the requirements in this subdivision.
new text end

new text begin (1) Before a license holder, staff person, caregiver, or helper transports a child or
children under age nine in a motor vehicle, the person placing the child or children in a
passenger restraint must satisfactorily complete training on the proper use and installation
of child restraint systems in motor vehicles. Training completed under this subdivision
may be used to meet initial training under subdivision 1, or ongoing training under
subdivision 7.
new text end

new text begin (2) Training required under this subdivision must be at least one hour in length,
completed at initial training, and repeated at least once every five years. At a minimum,
the training must address the proper use of child restraint systems based on the child's
size, weight, and age, and the proper installation of a car seat or booster seat in the motor
vehicle used by the license holder to transport the child or children.
new text end

new text begin (3) Training under this subdivision must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public
Safety Web site or by contacting the agency.
new text end

new text begin (c) Child care providers that only transport school age children as defined in section
245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.
new text end

new text begin Subd. 7. new text end

new text begin Training requirements for family and group family child care.
new text end

new text begin For purposes of family and group family child care, the license holder and each
primary caregiver must complete eight hours of training each year. For purposes of
this subdivision, a primary caregiver is an adult caregiver who provides services in the
licensed setting for more than 30 days in any 12-month period. Ongoing training subjects
must be selected from the following areas:
new text end

new text begin (1) "child growth and development training" has the meaning given in subdivision 2,
paragraph (a);
new text end

new text begin (2) "learning environment and curriculum" includes training in establishing an
environment and providing activities that provide learning experiences to meet each
child's needs, capabilities, and interests;
new text end

new text begin (3) "assessment and planning for individual needs" includes training in observing and
assessing what children know and can do in order to provide curriculum and instruction
that addresses their developmental and learning needs, including children with special
needs and bilingual children or children for whom English is not their primary language;
new text end

new text begin (4) "interactions with children" includes training in establishing supportive
relationships with children, guiding them as individuals and as part of a group;
new text end

new text begin (5) "families and communities" includes training in working collaboratively with
families and agencies or organizations to meet children's needs and to encourage the
community's involvement;
new text end

new text begin (6) "health, safety, and nutrition" includes training in establishing and maintaining an
environment that ensures children's health, safety, and nourishment, including child abuse,
maltreatment, prevention, and reporting; home and fire safety; child injury prevention;
communicable disease prevention and control; First Aid; and CPR; and
new text end

new text begin (7) "program planning and evaluation" includes training in establishing,
implementing, evaluating, and enhancing program operations.
new text end

new text begin Subd. 8. new text end

new text begin Other required training requirements. new text end

new text begin (a) The training required of
family and group family child care providers and staff must include training in the cultural
dynamics of early childhood development and child care. The cultural dynamics and
disabilities training and skills development of child care providers must be designed to
achieve outcomes for providers of child care that include, but are not limited to:
new text end

new text begin (1) an understanding and support of the importance of culture and differences in
ability in children's identity development;
new text end

new text begin (2) understanding the importance of awareness of cultural differences and
similarities in working with children and their families;
new text end

new text begin (3) understanding and support of the needs of families and children with differences
in ability;
new text end

new text begin (4) developing skills to help children develop unbiased attitudes about cultural
differences and differences in ability;
new text end

new text begin (5) developing skills in culturally appropriate caregiving; and
new text end

new text begin (6) developing skills in appropriate caregiving for children of different abilities.
new text end

new text begin The commissioner shall approve the curriculum for cultural dynamics and disability
training.
new text end

new text begin (b) The provider must meet the training requirement in section 245A.14, subdivision
11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child
care or group family child care home to use the swimming pool located at the home.
new text end

Sec. 23.

Minnesota Statutes 2006, section 245A.65, subdivision 1, is amended to read:

Subdivision 1.

License holder requirements.

All license holders serving vulnerable
adults shall establish and enforce written policies and procedures related to suspected or
alleged maltreatment, and shall orient clients and mandated reporters who are under
the control of the license holder to these procedures, as defined in section 626.5572,
subdivision 16.

(a) License holders must establish policies and procedures allowing but not
mandating the internal reporting of alleged or suspected maltreatment. License holders
shall ensure that the policies and procedures on internal reporting:

(1) meet all the requirements identified for the optional internal reporting policies
and procedures in section 626.557, subdivision 4a; and

(2) identify the primary and secondary person or position to whom internal reports
may be made and the primary and secondary person or position responsible for forwarding
internal reports to the common entry point as defined in section 626.5572, subdivision 5.
The secondary person must be involved when there is reason to believe that the primary
person was involved in the alleged or suspected maltreatment.

(b) The license holder shall:

(1) establish and maintain policies and procedures to ensure that an internal review
is completed new text begin and that corrective action is taken as necessary to protect the health and
safety of vulnerable adults new text end when the facility has reason to know that an internal or external
report of alleged or suspected maltreatment has been made. The review must include an
evaluation of whether related policies and procedures were followed, whether the policies
and procedures were adequate, whether there is a need for additional staff training,
new text begin whether the reported event is similar to past events with the vulnerable adults or the
services involved, new text end and whether there is a need for deleted text begin any further deleted text end new text begin corrective new text end action deleted text begin to be taken deleted text end
by the deleted text begin facility deleted text end new text begin license holder new text end to protect the health and safety of vulnerable adults deleted text begin ; deleted text end new text begin . Based
on the results of this review, the license holder must develop, document, and implement a
corrective action plan designed to correct current lapses and prevent future lapses in
performance by individuals or the license holder, if any.
new text end

(2) identify the primary and secondary person or position who will ensure that, when
required, internal reviews are completed. The secondary person shall be involved when
there is reason to believe that the primary person was involved in the alleged or suspected
maltreatment; and

(3) document and make internal reviews accessible to the commissioner upon
the commissioner's request. new text begin The documentation provided to the commissioner by the
license holder may consist of a completed checklist that verifies completion of each of
the requirements of the review.
new text end

(c) The license holder shall provide an orientation to the internal and external
reporting procedures to all persons receiving services. The orientation shall include the
telephone number for the license holder's common entry point as defined in section
626.5572, subdivision 5. If applicable, the person's legal representative must be notified of
the orientation. The program shall provide this orientation for each new person within 24
hours of admission, or for persons who would benefit more from a later orientation, the
orientation may take place within 72 hours.

(d) The license holder shall post a copy of the internal and external reporting policies
and procedures, including the telephone number of the common entry point as defined
in section 626.5572, subdivision 5, in a prominent location in the program and have it
available upon request to mandated reporters, persons receiving services, and the person's
legal representatives.

Sec. 24.

Minnesota Statutes 2006, section 245A.65, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Determination of vulnerable adult status. new text end

new text begin (a) A license holder that
provides services to adults who are excluded from the definition of vulnerable adult under
section 626.5572, subdivision 21, clause (2), must determine whether the person is a
vulnerable adult under section 626.5572, subdivision 21, clause (4). This determination
must be made within 24 hours of:
new text end

new text begin (1) admission to the licensed program; and
new text end

new text begin (2) any incident that:
new text end

new text begin (i) was reported under section 626.557; or
new text end

new text begin (ii) would have been required to be reported under section 626.557, if one or more of
the adults involved in the incident had been vulnerable adults.
new text end

new text begin (b) Upon determining that a person receiving services is a vulnerable adult under
section 626.5572, subdivision 21, clause (4), all requirements relative to vulnerable adults
under section 626.557 and chapter 245A must be met by the license holder.
new text end

Sec. 25.

new text begin [245A.66] REQUIREMENTS; MALTREATMENT OF MINORS.
new text end

new text begin Except for family child care settings and foster care for children in the license
holder's residence, license holders serving children shall:
new text end

new text begin (1) establish and maintain policies and procedures to ensure that an internal review
is completed and that corrective action is taken if necessary to protect the health and
safety of children in care when the facility has reason to know that an internal or external
report of alleged or suspected maltreatment has been made. The review must include
an evaluation of whether:
new text end

new text begin (i) related policies and procedures were followed;
new text end

new text begin (ii) the policies and procedures were adequate;
new text end

new text begin (iii) there is a need for additional staff training;
new text end

new text begin (iv) the reported event is similar to past events with the children or the services
involved; and
new text end

new text begin (v) there is a need for corrective action by the license holder to protect the health and
safety of children in care.
new text end

new text begin Based on the results of this review, the license holder must develop, document, and
implement a corrective action plan designed to correct current lapses and prevent future
lapses in performance by individuals or the license holder, if any;
new text end

new text begin (2) identify the primary and secondary person or position who will ensure that, when
required, internal reviews are completed. The secondary person shall be involved when
there is reason to believe that the primary person was involved in the alleged or suspected
maltreatment; and
new text end

new text begin (3) document that the internal review has been completed and provide documentation
showing the review was completed to the commissioner upon the commissioner's request.
The documentation provided to the commissioner by the license holder may consist of a
completed checklist that verifies completion of each of the requirements of the review.
new text end

Sec. 26.

Minnesota Statutes 2006, section 245C.02, is amended by adding a
subdivision to read:

new text begin Subd. 9a. new text end

new text begin Conviction. new text end

new text begin "Conviction" has the meaning given in section 609.02,
subdivision 5.
new text end

Sec. 27.

Minnesota Statutes 2006, section 245C.05, subdivision 3, is amended to read:

Subd. 3.

Additional information from individual studied.

new text begin (a) For purposes of
completing the background study, new text end the commissioner may request deleted text begin additional information
of the individual, such as deleted text end the individual's Social Security number or race. The individual
is not required to provide this information to the commissioner.

new text begin (b) The commissioner may also require additional information if the commissioner
determines the information is necessary to complete the background study. Failure to
provide the required information may result in a disqualification pursuant to section
245C.09.
new text end

Sec. 28.

Minnesota Statutes 2006, section 245C.07, is amended to read:

245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) When a license holder new text begin , applicant, or other entity new text end owns multiple deleted text begin facilities deleted text end new text begin
programs or services new text end that are licensed by the Department of Human Services, new text begin Department
of Health, or Department of Corrections, new text end only one background study is required for an
individual who provides direct contact services in one or more of the licensed deleted text begin facilities deleted text end new text begin
programs or services new text end if:

(1) the license holder designates one individual with one address and telephone
number as the person to receive sensitive background study information for the multiple
licensed programs new text begin or services new text end that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information
is capable of determining, upon request of the department, whether a background study
subject is providing direct contact services in one or more of the license holder's programs
new text begin or services new text end and, if so, at which location or locations.

(b) When a background study is being initiated by a licensed deleted text begin facility deleted text end new text begin program
or service new text end or a foster care provider that is also registered under chapter 144D, a study
subject affiliated with multiple licensed deleted text begin facilities deleted text end new text begin programs or services new text end may attach to the
background study form a cover letter indicating the additional deleted text begin facilities' deleted text end names new text begin of the
programs or services new text end , addresses, and background study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each
deleted text begin facility deleted text end new text begin program or service new text end identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies
shall satisfy those deleted text begin facilities' deleted text end new text begin programs' or services' new text end responsibilities for initiating a
background study on that individual.

Sec. 29.

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

245C.08 BACKGROUND STUDY; deleted text begin INFORMATION deleted text end COMMISSIONER
REVIEWS.

Subdivision 1.

Background studies conducted by commissioner of human
services.

(a) For a background study conducted by the commissioner, the commissioner
shall review:

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

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

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

(4) information from the Bureau of Criminal Apprehension.

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

Subd. 2.

Background studies conducted by a county or private agency.

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

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

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

(3) information from the Bureau of Criminal Apprehension deleted text begin ; and deleted text end new text begin .
new text end

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

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

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

Subd. 3.

Arrest and investigative information.

(a) For any background study
completed under this section, if the commissioner has reasonable cause to believe the
information is pertinent to the disqualification of an individual, the commissioner also
may review arrest and investigative information from:

(1) the Bureau of Criminal Apprehension;

(2) the commissioner of health;

(3) a county attorney;

(4) a county sheriff;

(5) a county agency;

(6) a local chief of police;

(7) other states;

(8) the courts; deleted text begin or
deleted text end

(9) the Federal Bureau of Investigation deleted text begin . deleted text end new text begin ;
new text end

new text begin (10) the National Criminal Records Repository; and
new text end

new text begin (11) criminal records from other states.
new text end

(b) The commissioner is not required to conduct more than one review of a subject's
records from the Federal Bureau of Investigation if a review of the subject's criminal
history with the Federal Bureau of Investigation has already been completed by the
commissioner and there has been no break in the subject's affiliation with the license
holder who initiated the background study.

Subd. 4.

Juvenile court records.

(a) The commissioner shall review records
from the juvenile courts for an individual studied under section 245C.03, subdivision 1,
clauses (2) and (5).

(b) For individuals studied under section 245C.03, subdivision 1, clauses (1), (3),
(4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner shall review
records from the juvenile courts when the commissioner has reasonable cause.

(c) The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records on individuals described in section 245C.03, subdivision 1, clauses
(2), (5), and (6), relating to delinquency proceedings held within either the five years
immediately preceding the background study or the five years immediately preceding the
individual's 18th birthday, whichever time period is longer.

(d) For purposes of this chapter, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state district court.

(e) deleted text begin The commissioner shall destroy juvenile court records obtained under this
subdivision when the subject of the records reaches age 23. deleted text end new text begin Juvenile courts shall provide
orders of involuntary and voluntary termination of parental rights under section 260C.301
to the commissioner upon request for purposes of conducting a background study under
this chapter.
new text end

Sec. 30.

Minnesota Statutes 2006, section 245C.09, subdivision 1, is amended to read:

Subdivision 1.

Disqualification; licensing action.

An applicant's, license holder's,
or other entity's failure or refusal to cooperate with the commissioner new text begin , including failure
to provide additional information required under section 245C.05, new text end is reasonable cause
to disqualify a subject, deny a license application, or immediately suspend or revoke
a license or registration.

Sec. 31.

Minnesota Statutes 2006, section 245C.11, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Background study. new text end

new text begin A county agency may accept a background study
completed by the commissioner under this chapter in place of the background study
required under section 245A.16, subdivision 3, for educational programs that train
individuals by providing direct contact services in licensed programs.
new text end

Sec. 32.

Minnesota Statutes 2006, section 245C.13, subdivision 2, is amended to read:

Subd. 2.

Direct contact pending completion of background study.

The subject
of a background study may not perform any activity requiring a background study under
paragraph (b) until the commissioner has issued one of the notices under paragraph (a).

(a) Notices from the commissioner required prior to activity under paragraph (b)
include:

(1) a notice of the study results under section 245C.17 stating that:

(i) the individual is not disqualified; or

(ii) more time is needed to complete the study but the individual is not required to be
removed from direct contact or access to people receiving services prior to completion of
the study as provided under section deleted text begin 245A.17 deleted text end new text begin 245C.17, subdivision 1 new text end , paragraph new text begin (b) or new text end (c);

(2) a notice that a disqualification has been set aside under section 245C.23; or

(3) a notice that a variance has been granted related to the individual under section
245C.30.

(b) Activities prohibited prior to receipt of notice under paragraph (a) include:

(1) being issued a license;

(2) living in the household where the licensed program will be provided;

(3) providing direct contact services to persons served by a program unless the
subject is under continuous direct supervision; or

(4) having access to persons receiving services if the background study was
completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a),
clause (2), (5), or (6), unless the subject is under continuous direct supervision.

Sec. 33.

Minnesota Statutes 2006, section 245C.14, subdivision 1, is amended to read:

Subdivision 1.

Disqualification from direct contact.

(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position
allowing direct contact with persons receiving services from the license holder or entity
identified in section 245C.03, upon receipt of information showing, or when a background
study completed under this chapter shows any of the following:

(1) a conviction of deleted text begin or deleted text end new text begin , new text end admission to new text begin , or Alford plea to new text end one or more crimes listed in
section 245C.15, regardless of whether the conviction or admission is a felony, gross
misdemeanor, or misdemeanor level crime;

(2) a preponderance of the evidence indicates the individual has committed an act
or acts that meet the definition of any of the crimes listed in section 245C.15, regardless
of whether the preponderance of the evidence is for a felony, gross misdemeanor, or
misdemeanor level crime; or

(3) an investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b).

(b) No individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact
with persons served by a program or entity identified in section 245C.03, unless the
commissioner has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the
individual may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that program
or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual
under section 245C.30.

Sec. 34.

Minnesota Statutes 2006, section 245C.15, subdivision 1, is amended to read:

Subdivision 1.

Permanent disqualification.

(a) An individual is disqualified under
section 245C.14 if: (1) regardless of how much time has passed since the discharge
of the sentence imposed, if any, for the offense; and (2) unless otherwise specified,
regardless of the level of the offense, the individual has committed any of the following
offenses: sections new text begin 243.166 (violation of predatory offender registration law); new text end 609.185
(murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter
in the second degree); new text begin a felony offense under new text end 609.221 or 609.222 (assault in the first
or second degree); a felony offense under sections 609.2242 and 609.2243 (domestic
assault), spousal abuse, child abuse or neglect, or a crime against children; new text begin 609.2247
(domestic assault by strangulation); new text end 609.228 (great bodily harm caused by distribution
of drugs); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661 (murder of an
unborn child in the first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third degree); 609.322 (solicitation,
inducement, and promotion of prostitution); deleted text begin a felony offense under deleted text end 609.324, subdivision
1 (other prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343
(criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the
third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal
sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352
(solicitation of children to engage in sexual conduct); 609.365 (incest); a felony offense
under 609.377 (malicious punishment of a child); a felony offense under 609.378 (neglect
or endangerment of a child); 609.561 (arson in the first degree); 609.66, subdivision 1e
(drive-by shooting); 609.749, subdivision 3, 4, or 5 (felony-level harassment; stalking);
609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); new text begin 617.23,
subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving a
minor); new text end 617.246 (use of minors in sexual performance prohibited); or 617.247 (possession
of pictorial representations of minors). An individual also is disqualified under section
245C.14 regardless of how much time has passed since the involuntary termination of
the individual's parental rights under section 260C.301.

(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.

(c) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraph (a), permanently
disqualifies the individual under section 245C.14.

(d) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on a preponderance of evidence
of a disqualifying act, the disqualification date begins from the date of the dismissal, the
date of discharge of the sentence imposed for a conviction for a disqualifying crime of
similar elements, or the date of the incident, whichever occurs last.

new text begin (e) If the individual studied commits one of the offenses listed in paragraph (a)
that is specified as a felony-level only offense, but the sentence or level of offense is a
gross misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
look-back period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.
new text end

Sec. 35.

Minnesota Statutes 2006, section 245C.15, subdivision 2, is amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a felony-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph
(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm);
609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth
degree); new text begin 609.229 (crimes committed for benefit of a gang); new text end 609.2325 (criminal abuse
of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false
imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665
(manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn
child in the first degree); 609.2671 (assault of an unborn child in the second degree);
609.268 (injury or death of an unborn child in the commission of a crime); 609.27
(coercion); 609.275 (attempt to coerce); deleted text begin repeat offenses under 609.3451 (criminal sexual
conduct in the fifth degree); deleted text end 609.466 (medical assistance fraud); 609.498, subdivision 1
or 1b (aggravated first degree or first degree tampering with a witness); 609.52 (theft);
609.521 (possession of shoplifting gear); 609.525 (bringing stolen goods into Minnesota);
609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of
dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in the third
degree); 609.582 (burglary); new text begin 609.59 (possession of burglary tools); new text end 609.611 (insurance
fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering
a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous
weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration);
609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821
(financial transaction card fraud); deleted text begin repeat offenses under deleted text end 617.23 (indecent exposure deleted text begin ;
penalties deleted text end ) new text begin , not involving a minor new text end ; repeat offenses under 617.241 (obscene materials and
performances; distribution and exhibition prohibited; penalty); new text begin 624.713 (certain persons
not to possess firearms); new text end chapter 152 (drugs; controlled substance); or a felony-level
conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) For foster care and family child care an individual is disqualified under section
245C.14 if less than 15 years has passed since the individual's voluntary termination of
the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or
260C.301, subdivision 3.

(d) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of the offenses
listed in paragraph (a).

(e) If the individual studied deleted text begin is convicted deleted text end new text begin commits one new text end of deleted text begin one of deleted text end the deleted text begin felonies deleted text end new text begin offenses new text end
listed in paragraph (a), but the sentence new text begin or level of offense new text end is a gross misdemeanor or
misdemeanor deleted text begin disposition deleted text end , the individual is disqualified but the disqualification lookback
period for the deleted text begin conviction deleted text end new text begin offense new text end is the period applicable to the gross misdemeanor or
misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on a preponderance of evidence
of a disqualifying act, the disqualification date begins from the date of the dismissal, the
date of discharge of the sentence imposed for a conviction for a disqualifying crime of
similar elements, or the date of the incident, whichever occurs last.

Sec. 36.

Minnesota Statutes 2006, section 245C.15, subdivision 3, is amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision
10, paragraph (c) (federal Food Stamp Program fraud); new text begin 609.21 (criminal vehicular
homicide and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223
or 609.2231 (assault in the third or fourth degree); new text end 609.224 (assault in the fifth degree);
609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a
vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal
abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a
vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision
1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house);
deleted text begin 609.3451 (criminal sexual conduct in the fifth degree); deleted text end 609.377 (malicious punishment of
a child); 609.378 (neglect or endangerment of a child); 609.466 (medical assistance fraud);
609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft);
609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.582
(burglary); new text begin 609.59 (possession of burglary tools); new text end 609.611 (insurance fraud); 609.631
(check forgery; offering a forged check); 609.66 (dangerous weapons); 609.71 (riot);
609.72, subdivision 3 (disorderly conduct against a vulnerable adult); repeat offenses
under 609.746 (interference with privacy); 609.749, subdivision 2 (harassment; stalking);
new text begin 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); new text end deleted text begin repeat
offenses under deleted text end 617.23 (indecent exposure) new text begin , not involving a minor new text end ; 617.241 (obscene
materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful
materials; dissemination and display to minors prohibited); or violation of an order for
protection under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if less than ten years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraph (a).

(d) If the deleted text begin defendant is convicted of one of the gross misdemeanors deleted text end new text begin individual studied
commits one of the offenses new text end listed in paragraph (a), but the sentence new text begin or level of offense new text end is
a misdemeanor disposition, the individual is disqualified but the disqualification lookback
period for the deleted text begin conviction deleted text end new text begin offense new text end is the period applicable to misdemeanors.

(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on a preponderance of evidence
of a disqualifying act, the disqualification date begins from the date of the dismissal, the
date of discharge of the sentence imposed for a conviction for a disqualifying crime of
similar elements, or the date of the incident, whichever occurs last.

Sec. 37.

Minnesota Statutes 2006, section 245C.15, subdivision 4, is amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under
section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence
imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10,
paragraph (c) (federal Food Stamp Program fraud); new text begin 609.21 (criminal vehicular homicide
and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree);
609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); new text end 609.224
(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation
of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult);
609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation
of an order for protection under 609.3232 (protective order authorized; procedures;
penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen
goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous
weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or
harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment);
609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23
(indecent exposure deleted text begin ; penalties deleted text end ) new text begin , not involving a minor new text end ; 617.293 (harmful materials;
dissemination and display to minors prohibited); or violation of an order for protection
under section 518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, for incidents in which: (i) the final disposition under section
626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was
recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under section 626.556,
a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the elements of maltreatment under
section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the
maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in
Minnesota Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on a preponderance of evidence
of a disqualifying act, the disqualification date begins from the date of the dismissal, the
date of discharge of the sentence imposed for a conviction for a disqualifying crime of
similar elements, or the date of the incident, whichever occurs last.

new text begin (f) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual was disqualified under section 256.98, subdivision 8.
new text end

Sec. 38.

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

Subdivision 1.

Determining immediate risk of harm.

(a) If the commissioner
determines that the individual studied has a disqualifying characteristic, the commissioner
shall review the information immediately available and make a determination as to the
subject's immediate risk of harm to persons served by the program where the individual
studied will have direct contact new text begin with, or access to, people receiving services new text end .

(b) The commissioner shall consider all relevant information available, including the
following factors in determining the immediate risk of harm:

(1) the recency of the disqualifying characteristic;

(2) the recency of discharge from probation for the crimes;

(3) the number of disqualifying characteristics;

(4) the intrusiveness or violence of the disqualifying characteristic;

(5) the vulnerability of the victim involved in the disqualifying characteristic;

(6) the similarity of the victim to the persons served by the program where the
individual studied will have direct contact; deleted text begin and
deleted text end

(7) whether the individual has a disqualification from a previous background study
that has not been set aside deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) if the individual has a disqualification which may not be set aside because it is
a permanent bar under section 245C.24, subdivision 1, the commissioner may order the
immediate removal of the individual from any position allowing direct contact with, or
access to, persons receiving services from the program.
new text end

(c) This section does not apply when the subject of a background study is regulated
by a health-related licensing board as defined in chapter 214, and the subject is determined
to be responsible for substantiated maltreatment under section 626.556 or 626.557.

(d) If the commissioner has reason to believe, based on arrest information or an
active maltreatment investigation, that an individual poses an imminent risk of harm to
persons receiving services, the commissioner may order that the person be continuously
supervised or immediately removed pending the conclusion of the maltreatment
investigation or criminal proceedings.

Sec. 39.

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

Subd. 2.

Disqualification notice sent to subject.

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

(1) the information causing disqualification;

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

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

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

(5) the commissioner's determination of the individual's immediate risk of harm
under section 245C.16.

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

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

Sec. 40.

Minnesota Statutes 2006, section 245C.17, subdivision 3, is amended to read:

Subd. 3.

Disqualification notification.

(a) The commissioner shall notify an
applicant, license holder, or other entity as provided in this chapter who is not the subject
of the study:

(1) that the commissioner has found information that disqualifies the individual
studied from new text begin being in a position allowing new text end direct contact with, or deleted text begin from deleted text end access to, deleted text begin persons deleted text end new text begin
people new text end served by the program; and

(2) the commissioner's determination of the individual's risk of harm under section
245C.16.

(b) If the commissioner determines under section 245C.16 that an individual studied
poses an imminent risk of harm to persons served by the program where the individual
studied will have direct contact new text begin with, or access to, people served by the program new text end , the
commissioner shall order the license holder to immediately remove the individual studied
from new text begin any position allowing new text end direct contact new text begin with, or access to, people served by the program new text end .

(c) If the commissioner determines under section 245C.16 that an individual studied
poses a risk of harm that requires continuous, direct supervision, the commissioner shall
order the applicant, license holder, or other entities as provided in this chapter to:

(1) immediately remove the individual studied from new text begin any position allowing new text end direct
contact new text begin with, or access to, people receiving new text end services; or

(2) before allowing the disqualified individual to deleted text begin provide deleted text end new text begin be in a position allowing new text end
direct contact new text begin with, or access to, people receiving new text end services, the applicant, license holder, or
other entity, as provided in this chapter, must:

(i) obtain from the disqualified individual a copy of the individual's notice of
disqualification from the commissioner that explains the reason for disqualification;

(ii) ensure that the individual studied is under continuous, direct supervision when
deleted text begin providing deleted text end new text begin in a position allowing new text end direct contact new text begin with, or access to, people receiving
new text end services during the period in which the individual may request a reconsideration of the
disqualification under section 245C.21; and

(iii) ensure that the disqualified individual requests reconsideration within 30 days
of receipt of the notice of disqualification.

(d) If the commissioner determines under section 245C.16 that an individual studied
does not pose a risk of harm that requires continuous, direct supervision, the commissioner
shall order the applicant, license holder, or other entities as provided in this chapter to:

(1) immediately remove the individual studied from new text begin any position allowing new text end direct
contact new text begin with, or access to, people receiving new text end services; or

(2) before allowing the disqualified individual to deleted text begin provide deleted text end new text begin be in any position allowing new text end
direct contact new text begin with, or access to, people receiving new text end services, the applicant, license holder, or
other entity as provided in this chapter must:

(i) obtain from the disqualified individual a copy of the individual's notice of
disqualification from the commissioner that explains the reason for disqualification; and

(ii) ensure that the disqualified individual requests reconsideration within 15 days
of receipt of the notice of disqualification.

(e) The commissioner shall not notify the applicant, license holder, or other entity
as provided in this chapter of the information contained in the subject's background
study unless:

(1) the basis for the disqualification is failure to cooperate with the background study
or substantiated maltreatment under section 626.556 or 626.557;

(2) the Data Practices Act under chapter 13 provides for release of the information; or

(3) the individual studied authorizes the release of the information.

Sec. 41.

Minnesota Statutes 2006, section 245C.21, subdivision 2, is amended to read:

Subd. 2.

Time frame for requesting reconsideration.

(a) When the commissioner
sends an individual a notice of disqualification based on a finding under section 245C.16,
subdivision 2, paragraph (a), clause (1) or (2), the disqualified individual must submit the
request for a reconsideration within 30 calendar days of the individual's receipt of the
notice of disqualification. If mailed, the request for reconsideration must be postmarked
and sent to the commissioner within 30 calendar days of the individual's receipt of the
notice of disqualification. If a request for reconsideration is made by personal service,
it must be received by the commissioner within 30 calendar days after the individual's
receipt of the notice of disqualification. Upon showing that the information under
subdivision 3 cannot be obtained within 30 days, the disqualified individual may request
additional time, not to exceed 30 days, to obtain the information.

(b) When the commissioner sends an individual a notice of disqualification
based on a finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the
disqualified individual must submit the request for reconsideration within 15 calendar
days of the individual's receipt of the notice of disqualification. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 15 calendar days
of the individual's receipt of the notice of disqualification. If a request for reconsideration
is made by personal service, it must be received by the commissioner within 15 calendar
days after the individual's receipt of the notice of disqualification.

(c) An individual who was determined to have maltreated a child under section
626.556 or a vulnerable adult under section 626.557, and who is disqualified on the basis of
serious or recurring maltreatment, may request a reconsideration of both the maltreatment
and the disqualification determinations. The request must be submitted within 30 calendar
days of the individual's receipt of the notice of disqualification. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 30 calendar days
of the individual's receipt of the notice of disqualification. If a request for reconsideration
is made by personal service, it must be received by the commissioner within 30 calendar
days after the individual's receipt of the notice of disqualification.

new text begin (d) Except for family child care and child foster care, reconsideration of a
maltreatment determination under sections 626.556, subdivision 10i, and 626.557,
subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall
not be conducted when:
new text end

new text begin (1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;
new text end

new text begin (2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
new text end

new text begin (3) the license holder appeals the maltreatment determination, disqualification, and
denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045
must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557,
subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated
contested case hearing must include the maltreatment determination, disqualification, and
denial of a license or licensing sanction.
new text end

new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration
of the disqualification shall be conducted under section 245C.22. In such cases, a fair
hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision
10i, and 626.557, subdivision 9d.
new text end

Sec. 42.

Minnesota Statutes 2006, section 245C.21, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Information deleted text end Disqualified individuals deleted text begin must provide when requesting
reconsideration deleted text end new text begin ; information for reconsideration new text end .

new text begin (a) new text end The disqualified individual
requesting reconsideration must submit information showing that:

(1) the information the commissioner relied upon in determining the underlying
conduct that gave rise to the disqualification is incorrect;

(2) for maltreatment, the information the commissioner relied upon in determining
that maltreatment was serious or recurring is incorrect; or

(3) the subject of the study does not pose a risk of harm to any person served by the
applicant, license holder, or other entities as provided in this chapter, by addressing the
information required under section 245C.22, subdivision 4.

new text begin (b) In order to determine the individual's risk of harm, the commissioner may require
additional information from the disqualified individual as part of the reconsideration
process. If the individual fails to provide the required information, the commissioner
may deny the individual's request.
new text end

Sec. 43.

Minnesota Statutes 2006, section 245C.22, subdivision 4, is amended to read:

Subd. 4.

Risk of harm; set aside.

(a) The commissioner may set aside the
disqualification if the commissioner finds that the individual has submitted sufficient
information to demonstrate that the individual does not pose a risk of harm to any person
served by the applicant, license holder, or other entities as provided in this chapter.

(b) In determining whether the individual has met the burden of proof by
demonstrating the individual does not pose a risk of harm, the commissioner shall consider:

(1) the nature, severity, and consequences of the event or events that led to the
disqualification;

(2) whether there is more than one disqualifying event;

(3) the age and vulnerability of the victim at the time of the event;

(4) the harm suffered by the victim;

(5) new text begin vulnerability of persons served by the program;
new text end

new text begin (6) new text end the similarity between the victim and persons served by the program;

deleted text begin (6) deleted text end new text begin (7) new text end the time elapsed without a repeat of the same or similar event;

deleted text begin (7) deleted text end new text begin (8) new text end documentation of successful completion by the individual studied of training
or rehabilitation pertinent to the event; and

deleted text begin (8) deleted text end new text begin (9) new text end any other information relevant to reconsideration.

(c) If the individual requested reconsideration on the basis that the information
relied upon to disqualify the individual was incorrect or inaccurate and the commissioner
determines that the information relied upon to disqualify the individual is correct, the
commissioner must also determine if the individual poses a risk of harm to persons
receiving services in accordance with paragraph (b).

Sec. 44.

Minnesota Statutes 2006, section 245C.22, subdivision 5, is amended to read:

Subd. 5.

Scope of set aside.

If the commissioner sets aside a disqualification under
this section, the disqualified individual remains disqualified, but may hold a license and
have direct contact with or access to persons receiving services. The commissioner's set
aside of a disqualification is limited solely to the licensed program, applicant, or agency
specified in the set aside notice under section 245C.23, unless otherwise specified in the
notice. new text begin For personal care provider organizations, the commissioner's set-aside may further
be limited to a specific individual who is receiving services.
new text end

Sec. 45.

Minnesota Statutes 2006, section 245C.24, subdivision 3, is amended to read:

Subd. 3.

Ten-year bar to set aside disqualification.

(a) The commissioner may
not set aside the disqualification of an individual in connection with a license to provide
family child care for children, foster care for children in the provider's home, or foster
care or day care services for adults in the provider's home if: (1) less than ten years has
passed since the discharge of the sentence imposed, if any, for the offense; or (2) when
disqualified based on a preponderance of evidence determination under section deleted text begin 245A.14 deleted text end new text begin
245C.14 new text end , subdivision 1, paragraph (a), clause (2), or an admission under section deleted text begin 245A.14 deleted text end new text begin
245C.14 new text end , subdivision 1, paragraph (a), clause (1), and less than ten years has passed since
the individual committed the act or admitted to committing the act, whichever is later; and
(3) the individual has committed a violation of any of the following offenses: sections
609.165 (felon ineligible to possess firearm); criminal vehicular homicide under 609.21
(criminal vehicular homicide and injury); 609.215 (aiding suicide or aiding attempted
suicide); felony violations under 609.223 or 609.2231 (assault in the third or fourth
degree); new text begin 609.229 (crimes committed for benefit of a gang); new text end 609.713 (terroristic threats);
609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple robbery); 609.255
(false imprisonment); 609.562 (arson in the second degree); 609.71 (riot); 609.498,
subdivision 1 or 1b (aggravated first degree or first degree tampering with a witness);
burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous
weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns);
609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or 152.022
(controlled substance crime in the first or second degree); 152.023, subdivision 1, clause
(3) or (4) or subdivision 2, clause (4) (controlled substance crime in the third degree);
152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth
degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against
a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of
residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal
neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult);
609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter
of an unborn child in the first or second degree); 609.267 to 609.2672 (assault of an
unborn child in the first, second, or third degree); 609.268 (injury or death of an unborn
child in the commission of a crime); new text begin repeat offenses under 617.23 (indecent exposure); new text end
617.293 (disseminating or displaying harmful material to minors); a felony-level
conviction involving alcohol or drug use, a gross misdemeanor offense under 609.324,
subdivision 1 (other prohibited acts); a gross misdemeanor offense under 609.378 (neglect
or endangerment of a child); a gross misdemeanor offense under 609.377 (malicious
punishment of a child); deleted text begin or deleted text end 609.72, subdivision 3 (disorderly conduct against a vulnerable
adult) new text begin ; or 624.713 (certain persons not to possess firearms) new text end .

(b) The commissioner may not set aside the disqualification of an individual if
less than ten years have passed since the individual's aiding and abetting, attempt, or
conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses
is defined in Minnesota Statutes.

(c) The commissioner may not set aside the disqualification of an individual if less
than ten years have passed since the discharge of the sentence imposed for an offense in
any other state or country, the elements of which are substantially similar to the elements
of any of the offenses listed in paragraph (a).

Sec. 46.

Minnesota Statutes 2006, section 245C.27, subdivision 1, is amended to read:

Subdivision 1.

Fair hearing when disqualification is not set aside.

(a) If the
commissioner does not set aside a disqualification of an individual under section
245C.22 who is disqualified on the basis of a preponderance of evidence that the
individual committed an act or acts that meet the definition of any of the crimes listed in
section 245C.15; for a determination under section 626.556 or 626.557 of substantiated
maltreatment that was serious or recurring under section 245C.15; or for failure to make
required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant
to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request
a fair hearing under section 256.045, unless the disqualification is deemed conclusive
under section 245C.29.

(b) The fair hearing is the only administrative appeal of the final agency
determination for purposes of appeal by the disqualified individual. The disqualified
individual does not have the right to challenge the accuracy and completeness of data
under section 13.04.

(c) new text begin Except as provided under paragraph (e), new text end if the individual was disqualified based
on a conviction or admission to any crimes listed in section 245C.15, subdivisions 1
to 4, new text begin or for a disqualification under section 256.98, subdivision 8, new text end the reconsideration
decision under section 245C.22 is the final agency determination for purposes of appeal
by the disqualified individual and is not subject to a hearing under section 256.045. If
the individual was disqualified based on a judicial determination, that determination is
treated the same as a conviction for purposes of appeal.

(d) This subdivision does not apply to a public employee's appeal of a disqualification
under section 245C.28, subdivision 3.

(e) Notwithstanding paragraph (c), if the commissioner does not set aside a
disqualification of an individual who was disqualified based on both a preponderance
of evidence and a conviction or admission, the individual may request a fair hearing
under section 256.045, unless the disqualifications are deemed conclusive under section
245C.29. The scope of the hearing conducted under section 256.045 with regard to the
disqualification based on a conviction or admission shall be limited solely to whether the
individual poses a risk of harm, according to section 256.045, subdivision 3b. new text begin In this case,
the reconsideration decision under section 245C.22 is not the final agency decision for
purposes of appeal by the disqualified individual.
new text end

Sec. 47.

Minnesota Statutes 2006, section 245C.28, subdivision 1, is amended to read:

Subdivision 1.

License holder.

(a) If a maltreatment determination or a
disqualification for which reconsideration was requested and which was not set aside is
the basis for a denial of a license under section 245A.05 or a licensing sanction under
section 245A.07, the license holder has the right to a contested case hearing under chapter
14 and Minnesota Rules, parts 1400.8505 to 1400.8612. new text begin The license holder must submit
the appeal under section 245A.05 or 245A.07, subdivision 3. new text end

(b) deleted text begin The license holder must submit the appeal in accordance with section 245A.05 or
245A.07, subdivision 3. deleted text end As provided under section 245A.08, subdivision 2a, new text begin if the denial
of a license or licensing sanction is based on a disqualification for which reconsideration
was requested and was not set-aside, new text end the scope of the consolidated contested case hearing
must include new text begin :
new text end

new text begin (1) new text end the disqualification new text begin , to the extent the license holder otherwise has a hearing right
on the disqualification under this chapter; new text end and

new text begin (2) new text end the licensing sanction or denial of a license.

(c) deleted text begin If the disqualification was based on a determination of substantiated serious or
recurring maltreatment under section 626.556 or 626.557, the appeal must be submitted
in accordance with sections 245A.07, subdivision 3, and 626.556, subdivision 10i, or
626.557, subdivision 9d. deleted text end As provided for under section 245A.08, subdivision 2a, new text begin if the
denial of a license or licensing sanction is based on a determination of maltreatment under
section 626.556 or 626.557, or a disqualification for serious or recurring maltreatment
which was not set-aside, new text end the scope of the contested case hearing must include new text begin :
new text end

new text begin (1) new text end the maltreatment determination, new text begin if the maltreatment is not conclusive under
section 245C.29;
new text end

new text begin (2) new text end the disqualification, new text begin if the disqualification is not conclusive under section
245C.29; new text end and

new text begin (3) new text end the licensing sanction or denial of a license. In such cases, a fair hearing must not
be conducted under section 256.045. new text begin If the disqualification was based on a determination
of substantiated serious or recurring maltreatment under section 626.556 or 626.557, the
appeal must be submitted under sections 245A.07, subdivision 3, and 626.556, subdivision
10i, or 626.557, subdivision 9d.
new text end

new text begin (d) Except for family child care and child foster care, reconsideration of a
maltreatment determination under sections 626.556, subdivision 10i, and 626.557,
subdivision 9d, and reconsideration of a disqualification under section 245C.22, must
not be conducted when:
new text end

new text begin (1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;
new text end

new text begin (2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
new text end

new text begin (3) the license holder appeals the maltreatment determination, disqualification, and
denial of a license or licensing sanction. In such cases a fair hearing under section 256.045
must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557,
subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated
contested case hearing must include the maltreatment determination, disqualification, and
denial of a license or licensing sanction.
new text end

new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration
of the disqualification shall be conducted under section 245C.22. In such cases, a fair
hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision
10i, and 626.557, subdivision 9d.
new text end

Sec. 48.

Minnesota Statutes 2006, section 245C.301, is amended to read:

245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.

(a) Except as provided under deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and (c) new text end , new text begin if required by the
commissioner, new text end family child care providers and child care centers must provide a written
notification to parents considering enrollment of a child or parents of a child attending the
family child care or child care center if the program employs or has living in the home any
individual who is the subject of either a set-aside or variance.

(b) Notwithstanding paragraph (a), family child care license holders are not required
to disclose that the program has an individual living in the home who is the subject of a
set-aside or variance if:

(1) the household member resides in the residence where the family child care is
provided;

(2) the subject of the set-aside or variance is under the age of 18 years; and

(3) the set-aside or variance relates to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

new text begin (c) The notice specified in paragraph (a) is not required when the period of
disqualification in section 245C.15, subdivisions 2 to 4, has been exceeded.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 49.

Minnesota Statutes 2006, section 256B.0919, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin County certification; licensed providers; related individual;
developmentally disabled. new text end

new text begin (a) Notwithstanding any provision to the contrary, a county
may certify an adult foster care license holder to provide foster care services to an
individual with a developmental disability, who is related to the provider, if the following
conditions are met:
new text end

new text begin (1) the individual is 18 years of age or older;
new text end

new text begin (2) the individual's service plan meets the standards of section 256B.092 and
specifies any special conditions necessary to prevent a conflict of interest for the provider;
new text end

new text begin (3) the provider is not the legal guardian or conservator of the related individual;
new text end

new text begin (4) the provider maintains a license under Minnesota Rules, parts 9555.5105 to
9555.6265, to serve unrelated foster care recipients;
new text end

new text begin (5) the provider maintains a license under chapter 245B; and
new text end

new text begin (6) the county certifies the provider meets the adult foster care provider standards
established in Minnesota Rules, parts 9555.5105 to 9555.6265, for services provided
to the related individual.
new text end

new text begin (b) The county shall complete an annual certification review to ensure compliance
with paragraph (a), clauses (1) to (6).
new text end

new text begin (c) Notwithstanding section 256I.04, subdivision 2a, clause (2), the adult foster care
provider certified by the county under this subdivision may be reimbursed for room and
board costs through the group residential housing program.
new text end

Sec. 50.

Minnesota Statutes 2006, section 256B.092, is amended by adding a
subdivision to read:

new text begin Subd. 4d. new text end

new text begin Medicaid reimbursement; licensed provider; related individuals. new text end

new text begin The
commissioner shall seek a federal amendment to the home and community-based services
waiver for individuals with developmental disabilities, to allow Medicaid reimbursement
for the provision of supported living services to a related individual when the following
conditions have been met:
new text end

new text begin (1) the individual is 18 years of age or older;
new text end

new text begin (2) the provider is certified initially and annually thereafter, by the county, as
meeting the provider standards established in chapter 245B and the federal waiver plan;
new text end

new text begin (3) the provider has been certified by the county as meeting the adult foster care
provider standards established in Minnesota Rules, parts 9555.5105 to 9555.6265;
new text end

new text begin (4) the provider is not the legal guardian or conservator of the related individual; and
new text end

new text begin (5) the individual's service plan meets the standards of section 256B.092 and
specifies any special conditions necessary to prevent a conflict of interest for the provider.
new text end

Sec. 51.

Minnesota Statutes 2006, section 270B.14, subdivision 1, is amended to read:

Subdivision 1.

Disclosure to commissioner of human services.

(a) On the request
of the commissioner of human services, the commissioner shall disclose return information
regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to
the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).

(b) Data that may be disclosed are limited to data relating to the identity,
whereabouts, employment, income, and property of a person owing or alleged to be owing
an obligation of child support.

(c) The commissioner of human services may request data only for the purposes of
carrying out the child support enforcement program and to assist in the location of parents
who have, or appear to have, deserted their children. Data received may be used only
as set forth in section 256.978.

(d) The commissioner shall provide the records and information necessary to
administer the supplemental housing allowance to the commissioner of human services.

(e) At the request of the commissioner of human services, the commissioner of
revenue shall electronically match the Social Security numbers and names of participants
in the telephone assistance plan operated under sections 237.69 to 237.711, with those of
property tax refund filers, and determine whether each participant's household income is
within the eligibility standards for the telephone assistance plan.

(f) The commissioner may provide records and information collected under sections
295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid
Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
102-234. Upon the written agreement by the United States Department of Health and
Human Services to maintain the confidentiality of the data, the commissioner may provide
records and information collected under sections 295.50 to 295.59 to the Centers for
Medicare and Medicaid Services section of the United States Department of Health and
Human Services for purposes of meeting federal reporting requirements.

(g) The commissioner may provide records and information to the commissioner of
human services as necessary to administer the early refund of refundable tax credits.

(h) The commissioner may disclose information to the commissioner of human
services necessary to verify income for eligibility and premium payment under the
MinnesotaCare program, under section 256L.05, subdivision 2.

(i) The commissioner may disclose information to the commissioner of human
services necessary to verify whether applicants or recipients for the Minnesota family
investment program, general assistance, food support, and Minnesota supplemental aid
program have claimed refundable tax credits under chapter 290 and the property tax
refund under chapter 290A, and the amounts of the credits.

new text begin (j) The commissioner may disclose information to the commissioner of human
services necessary to verify income for purposes of calculating parental contribution
amounts under section 252.27, subdivision 2a.
new text end

Sec. 52.

Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care, a
person who has a significant relationship to the child as defined in section 609.341, or a
person in a position of authority as defined in section 609.341, who by act or omission
commits or attempts to commit an act against a child under their care that constitutes
any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

new text begin (p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:
new text end

new text begin (1) is not likely to occur and could not have been prevented by exercise of due
care; and
new text end

new text begin (2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence of event.
new text end new text begin new text end

Sec. 53.

Minnesota Statutes 2006, section 626.556, subdivision 10e, is amended to
read:

Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt
of the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed.

(d) If the commissioner of education conducts an assessment or investigation,
the commissioner shall determine whether maltreatment occurred and what corrective
or protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school
board, and any appropriate licensing entity the determination that maltreatment occurred
and what corrective or protective action was taken by the school facility. In all other cases,
the commissioner shall inform the school board or employer that a report was received,
the subject of the report, the date of the initial report, the category of maltreatment alleged
as defined in paragraph (f), the fact that maltreatment was not determined, and a summary
of the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility,
the investigating agency shall also determine whether the facility or individual was
responsible, or whether both the facility and the individual were responsible for the
maltreatment using the mitigating factors in paragraph (i). Determinations under this
subdivision must be made based on a preponderance of the evidence and are private data
on individuals or nonpublic data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following
acts or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (g);

(2) neglect as defined in subdivision 2, paragraph (f);

(3) sexual abuse as defined in subdivision 2, paragraph (d);

(4) mental injury as defined in subdivision 2, paragraph (m); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).

(g) For the purposes of this subdivision, a determination that child protective
services are needed means that the local welfare agency has documented conditions
during the assessment or investigation sufficient to cause a child protection worker, as
defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of
maltreatment if protective intervention is not provided and that the individuals responsible
for the child's care have not taken or are not likely to take actions to protect the child
from maltreatment or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because
the child's parent, guardian, or other person responsible for the child's care in good faith
selects and depends upon spiritual means or prayer for treatment or care of disease
or remedial care of the child, in lieu of medical care. However, if lack of medical care
may result in serious danger to the child's health, the local welfare agency may ensure
that necessary medical services are provided to the child.

(i) When determining whether the facility or individual is the responsible party new text begin , or
whether both the facility and the individual are responsible new text end for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and
requirements placed upon an employee, including the facility's compliance with related
regulatory standards and the adequacy of facility policies and procedures, facility training,
an individual's participation in the training, the caregiver's supervision, and facility staffing
levels and the scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

(j) Individual counties may implement more detailed definitions or criteria that
indicate which allegations to investigate, as long as a county's policies are consistent
with the definitions in the statutes and rules and are approved by the county board. Each
local welfare agency shall periodically inform mandated reporters under subdivision 3
who work in the county of the definitions of maltreatment in the statutes and rules and any
additional definitions or criteria that have been approved by the county board.

Sec. 54.

Minnesota Statutes 2006, section 626.556, subdivision 10i, is amended to read:

Subd. 10i.

Administrative reconsideration deleted text begin of final determination of
maltreatment and disqualification based on serious or recurring maltreatment deleted text end ;
review panel.

(a) Administrative reconsideration is not applicable in family assessments
since no determination concerning maltreatment is made. For investigations, except as
provided under paragraph (e), an individual or facility that the commissioner of human
services, a local social service agency, or the commissioner of education determines
has maltreated a child, an interested person acting on behalf of the child, regardless of
the determination, who contests the investigating agency's final determination regarding
maltreatment, may request the investigating agency to reconsider its final determination
regarding maltreatment. The request for reconsideration must be submitted in writing
to the investigating agency within 15 calendar days after receipt of notice of the final
determination regarding maltreatment or, if the request is made by an interested person
who is not entitled to notice, within 15 days after receipt of the notice by the parent or
guardian of the child. If mailed, the request for reconsideration must be postmarked and
sent to the investigating agency within 15 calendar days of the individual's or facility's
receipt of the final determination. If the request for reconsideration is made by personal
service, it must be received by the investigating agency within 15 calendar days after the
individual's or facility's receipt of the final determination. Effective January 1, 2002, an
individual who was determined to have maltreated a child under this section and who was
disqualified on the basis of serious or recurring maltreatment under sections 245C.14
and 245C.15, may request reconsideration of the maltreatment determination and the
disqualification. The request for reconsideration of the maltreatment determination and
the disqualification must be submitted within 30 calendar days of the individual's receipt
of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the
request for reconsideration of the maltreatment determination and the disqualification
must be postmarked and sent to the investigating agency within 30 calendar days of the
individual's receipt of the maltreatment determination and notice of disqualification. If
the request for reconsideration is made by personal service, it must be received by the
investigating agency within 30 calendar days after the individual's receipt of the notice
of disqualification.

(b) Except as provided under paragraphs (e) and (f), if the investigating agency
denies the request or fails to act upon the request within 15 working days after receiving
the request for reconsideration, the person or facility entitled to a fair hearing under section
256.045 may submit to the commissioner of human services or the commissioner of
education a written request for a hearing under that section. Section 256.045 also governs
hearings requested to contest a final determination of the commissioner of education. For
reports involving maltreatment of a child in a facility, an interested person acting on behalf
of the child may request a review by the Child Maltreatment Review Panel under section
256.022 if the investigating agency denies the request or fails to act upon the request or
if the interested person contests a reconsidered determination. The investigating agency
shall notify persons who request reconsideration of their rights under this paragraph.
The request must be submitted in writing to the review panel and a copy sent to the
investigating agency within 30 calendar days of receipt of notice of a denial of a request
for reconsideration or of a reconsidered determination. The request must specifically
identify the aspects of the agency determination with which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the investigating agency changes
the final determination of maltreatment, that agency shall notify the parties specified in
subdivisions 10b, 10d, and 10f.

(d) Except as provided under paragraph (f), if an individual or facility contests the
investigating agency's final determination regarding maltreatment by requesting a fair
hearing under section 256.045, the commissioner of human services shall assure that the
hearing is conducted and a decision is reached within 90 days of receipt of the request for
a hearing. The time for action on the decision may be extended for as many days as the
hearing is postponed or the record is held open for the benefit of either party.

(e) Effective January 1, 2002, if an individual was disqualified under sections
245C.14 and 245C.15, on the basis of a determination of maltreatment, which was
serious or recurring, and the individual has requested reconsideration of the maltreatment
determination under paragraph (a) and requested reconsideration of the disqualification
under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and
reconsideration of the disqualification shall be consolidated into a single reconsideration.
If reconsideration of the maltreatment determination is denied or the disqualification
is not set aside under sections 245C.21 to 245C.27, the individual may request a fair
hearing under section 256.045. If an individual requests a fair hearing on the maltreatment
determination and the disqualification, the scope of the fair hearing shall include both the
maltreatment determination and the disqualification.

(f) Effective January 1, 2002, if a maltreatment determination or a disqualification
based on serious or recurring maltreatment is the basis for a denial of a license under
section 245A.05 or a licensing sanction under section 245A.07, the license holder has the
right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505
to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the
contested case hearing shall include the maltreatment determination, disqualification,
and licensing sanction or denial of a license. In such cases, a fair hearing regarding the
maltreatment determination new text begin and disqualification new text end shall not be conducted under deleted text begin paragraph
(b). When a fine is based on a determination that the license holder is responsible for
maltreatment and the fine is issued at the same time as the maltreatment determination, if
the license holder appeals the maltreatment and fine, reconsideration of the maltreatment
determination shall not be conducted under this section deleted text end new text begin section 256.045 new text end . new text begin Except for
family child care and child foster care, reconsideration of a maltreatment determination
as provided under this subdivision, and reconsideration of a disqualification as provided
under section 245C.22, shall also not be conducted when:
new text end

new text begin (1) a denial of a license under section 245A.05 or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;
new text end

new text begin (2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
new text end

new text begin (3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.
new text end

new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration
of the disqualification shall be conducted under section 245C.22. In such cases, a fair
hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision
10i, and 626.557, subdivision 9d.
new text end

If the disqualified subject is an individual other than the license holder and upon
whom a background study must be conducted under chapter 245C, the hearings of all
parties may be consolidated into a single contested case hearing upon consent of all parties
and the administrative law judge.

(g) For purposes of this subdivision, "interested person acting on behalf of the
child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult
stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been
determined to be the perpetrator of the maltreatment.

Sec. 55.

Minnesota Statutes 2006, section 626.557, subdivision 9c, is amended to read:

Subd. 9c.

Lead agency; notifications, dispositions, and determinations.

(a)
Upon request of the reporter, the lead agency shall notify the reporter that it has received
the report, and provide information on the initial disposition of the report within five
business days of receipt of the report, provided that the notification will not endanger the
vulnerable adult or hamper the investigation.

(b) Upon conclusion of every investigation it conducts, the lead agency shall make a
final disposition as defined in section 626.5572, subdivision 8.

(c) When determining whether the facility or individual is the responsible party for
substantiated maltreatment new text begin or whether both the facility and the individual are responsible
for substantiated maltreatment new text end , the lead agency shall consider at least the following
mitigating factors:

(1) whether the actions of the facility or the individual caregivers were in accordance
with, and followed the terms of, an erroneous physician order, prescription, resident
care plan, or directive. This is not a mitigating factor when the facility or caregiver is
responsible for the issuance of the erroneous order, prescription, plan, or directive or
knows or should have known of the errors and took no reasonable measures to correct the
defect before administering care;

(2) the comparative responsibility between the facility, other caregivers, and
requirements placed upon the employee, including but not limited to, the facility's
compliance with related regulatory standards and factors such as the adequacy of facility
policies and procedures, the adequacy of facility training, the adequacy of an individual's
participation in the training, the adequacy of caregiver supervision, the adequacy of facility
staffing levels, and a consideration of the scope of the individual employee's authority; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

(d) The lead agency shall complete its final disposition within 60 calendar days. If
the lead agency is unable to complete its final disposition within 60 calendar days, the lead
agency shall notify the following persons provided that the notification will not endanger
the vulnerable adult or hamper the investigation: (1) the vulnerable adult or the vulnerable
adult's legal guardian, when known, if the lead agency knows them to be aware of the
investigation and (2) the facility, where applicable. The notice shall contain the reason for
the delay and the projected completion date. If the lead agency is unable to complete its
final disposition by a subsequent projected completion date, the lead agency shall again
notify the vulnerable adult or the vulnerable adult's legal guardian, when known if the lead
agency knows them to be aware of the investigation, and the facility, where applicable,
of the reason for the delay and the revised projected completion date provided that the
notification will not endanger the vulnerable adult or hamper the investigation. A lead
agency's inability to complete the final disposition within 60 calendar days or by any
projected completion date does not invalidate the final disposition.

(e) Within ten calendar days of completing the final disposition, the lead agency shall
provide a copy of the public investigation memorandum under subdivision 12b, paragraph
(b), clause (1), when required to be completed under this section, to the following persons:
(1) the vulnerable adult, or the vulnerable adult's legal guardian, if known unless the lead
agency knows that the notification would endanger the well-being of the vulnerable adult;
(2) the reporter, if the reporter requested notification when making the report, provided
this notification would not endanger the well-being of the vulnerable adult; (3) the alleged
perpetrator, if known; (4) the facility; and (5) the ombudsman for older Minnesotans, or
the ombudsman for mental health and developmental disabilities, as appropriate.

(f) The lead agency shall notify the vulnerable adult who is the subject of the report
or the vulnerable adult's legal guardian, if known, and any person or facility determined
to have maltreated a vulnerable adult, of their appeal or review rights under this section
or section 256.021.

(g) The lead agency shall routinely provide investigation memoranda for
substantiated reports to the appropriate licensing boards. These reports must include
the names of substantiated perpetrators. The lead agency may not provide investigative
memoranda for inconclusive or false reports to the appropriate licensing boards unless the
lead agency's investigation gives reason to believe that there may have been a violation of
the applicable professional practice laws. If the investigation memorandum is provided
to a licensing board, the subject of the investigation memorandum shall be notified and
receive a summary of the investigative findings.

(h) In order to avoid duplication, licensing boards shall consider the findings of the
lead agency in their investigations if they choose to investigate. This does not preclude
licensing boards from considering other information.

(i) The lead agency must provide to the commissioner of human services its final
dispositions, including the names of all substantiated perpetrators. The commissioner of
human services shall establish records to retain the names of substantiated perpetrators.

Sec. 56.

Minnesota Statutes 2006, section 626.557, subdivision 9d, is amended to read:

Subd. 9d.

Administrative reconsideration deleted text begin of final disposition of maltreatment
and disqualification based on serious or recurring maltreatment deleted text end ; review panel.

(a) Except as provided under paragraph (e), any individual or facility which a lead
agency determines has maltreated a vulnerable adult, or the vulnerable adult or an
interested person acting on behalf of the vulnerable adult, regardless of the lead agency's
determination, who contests the lead agency's final disposition of an allegation of
maltreatment, may request the lead agency to reconsider its final disposition. The request
for reconsideration must be submitted in writing to the lead agency within 15 calendar
days after receipt of notice of final disposition or, if the request is made by an interested
person who is not entitled to notice, within 15 days after receipt of the notice by the
vulnerable adult or the vulnerable adult's legal guardian. If mailed, the request for
reconsideration must be postmarked and sent to the lead agency within 15 calendar
days of the individual's or facility's receipt of the final disposition. If the request for
reconsideration is made by personal service, it must be received by the lead agency
within 15 calendar days of the individual's or facility's receipt of the final disposition. An
individual who was determined to have maltreated a vulnerable adult under this section
and who was disqualified on the basis of serious or recurring maltreatment under sections
245C.14 and 245C.15, may request reconsideration of the maltreatment determination and
the disqualification. The request for reconsideration of the maltreatment determination
and the disqualification must be submitted in writing within 30 calendar days of the
individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17.
If mailed, the request for reconsideration of the maltreatment determination and the
disqualification must be postmarked and sent to the lead agency within 30 calendar days of
the individual's receipt of the notice of disqualification. If the request for reconsideration
is made by personal service, it must be received by the lead agency within 30 calendar
days after the individual's receipt of the notice of disqualification.

(b) Except as provided under paragraphs (e) and (f), if the lead agency denies the
request or fails to act upon the request within 15 working days after receiving the request
for reconsideration, the person or facility entitled to a fair hearing under section 256.045,
may submit to the commissioner of human services a written request for a hearing
under that statute. The vulnerable adult, or an interested person acting on behalf of the
vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review
Panel under section 256.021 if the lead agency denies the request or fails to act upon the
request, or if the vulnerable adult or interested person contests a reconsidered disposition.
The lead agency shall notify persons who request reconsideration of their rights under this
paragraph. The request must be submitted in writing to the review panel and a copy sent
to the lead agency within 30 calendar days of receipt of notice of a denial of a request for
reconsideration or of a reconsidered disposition. The request must specifically identify the
aspects of the agency determination with which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the lead agency changes the final
disposition, it shall notify the parties specified in subdivision 9c, paragraph (d).

(d) For purposes of this subdivision, "interested person acting on behalf of the
vulnerable adult" means a person designated in writing by the vulnerable adult to act
on behalf of the vulnerable adult, or a legal guardian or conservator or other legal
representative, a proxy or health care agent appointed under chapter 145B or 145C,
or an individual who is related to the vulnerable adult, as defined in section 245A.02,
subdivision 13.

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on
the basis of a determination of maltreatment, which was serious or recurring, and
the individual has requested reconsideration of the maltreatment determination under
paragraph (a) and reconsideration of the disqualification under sections 245C.21 to
245C.27, reconsideration of the maltreatment determination and requested reconsideration
of the disqualification shall be consolidated into a single reconsideration. If reconsideration
of the maltreatment determination is denied or if the disqualification is not set aside under
sections 245C.21 to 245C.27, the individual may request a fair hearing under section
256.045. If an individual requests a fair hearing on the maltreatment determination and
the disqualification, the scope of the fair hearing shall include both the maltreatment
determination and the disqualification.

(f) If a maltreatment determination or a disqualification based on serious or recurring
maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
under section 245A.08, the scope of the contested case hearing deleted text begin shall deleted text end new text begin must new text end include the
maltreatment determination, disqualification, and licensing sanction or denial of a license.
In such cases, a fair hearing deleted text begin shall deleted text end new text begin must new text end not be conducted under deleted text begin paragraph (b). When a fine
is based on a determination that the license holder is responsible for maltreatment and
the fine is issued at the same time as the maltreatment determination, if the license holder
appeals the maltreatment and fine, reconsideration of the maltreatment determination shall
not be conducted under this section. deleted text end new text begin section 256.045. Except for family child care and
child foster care, reconsideration of a maltreatment determination under this subdivision,
and reconsideration of a disqualification under section 245C.22, must not be conducted
when:
new text end

new text begin (1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;
new text end

new text begin (2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
new text end

new text begin (3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.
new text end

new text begin Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
section 626.556, subdivision 10i, and section 626.557, subdivision 9d, and reconsideration
of the disqualification shall be conducted under section 245C.22. In such cases, a fair
hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision
10i, and 626.557, subdivision 9d.
new text end

If the disqualified subject is an individual other than the license holder and upon
whom a background study must be conducted under chapter 245C, the hearings of all
parties may be consolidated into a single contested case hearing upon consent of all parties
and the administrative law judge.

(g) Until August 1, 2002, an individual or facility that was determined by the
commissioner of human services or the commissioner of health to be responsible for
neglect under section 626.5572, subdivision 17, after October 1, 1995, and before August
1, 2001, that believes that the finding of neglect does not meet an amended definition of
neglect may request a reconsideration of the determination of neglect. The commissioner
of human services or the commissioner of health shall mail a notice to the last known
address of individuals who are eligible to seek this reconsideration. The request for
reconsideration must state how the established findings no longer meet the elements of
the definition of neglect. The commissioner shall review the request for reconsideration
and make a determination within 15 calendar days. The commissioner's decision on this
reconsideration is the final agency action.

(1) For purposes of compliance with the data destruction schedule under subdivision
12b, paragraph (d), when a finding of substantiated maltreatment has been changed as
a result of a reconsideration under this paragraph, the date of the original finding of a
substantiated maltreatment must be used to calculate the destruction date.

(2) For purposes of any background studies under chapter 245C, when a
determination of substantiated maltreatment has been changed as a result of a
reconsideration under this paragraph, any prior disqualification of the individual under
chapter 245C that was based on this determination of maltreatment shall be rescinded,
and for future background studies under chapter 245C the commissioner must not use the
previous determination of substantiated maltreatment as a basis for disqualification or as a
basis for referring the individual's maltreatment history to a health-related licensing board
under section 245C.31.

Sec. 57.

Minnesota Statutes 2006, section 626.5572, subdivision 17, is amended to
read:

Subd. 17.

Neglect.

"Neglect" means:

(a) The failure or omission by a caregiver to supply a vulnerable adult with care or
services, including but not limited to, food, clothing, shelter, health care, or supervision
which is:

(1) reasonable and necessary to obtain or maintain the vulnerable adult's physical or
mental health or safety, considering the physical and mental capacity or dysfunction of
the vulnerable adult; and

(2) which is not the result of an accident or therapeutic conduct.

(b) The absence or likelihood of absence of care or services, including but not
limited to, food, clothing, shelter, health care, or supervision necessary to maintain the
physical and mental health of the vulnerable adult which a reasonable person would deem
essential to obtain or maintain the vulnerable adult's health, safety, or comfort considering
the physical or mental capacity or dysfunction of the vulnerable adult.

(c) For purposes of this section, a vulnerable adult is not neglected for the sole
reason that:

(1) the vulnerable adult or a person with authority to make health care decisions for
the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A,
or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent,
consistent with that authority and within the boundary of reasonable medical practice, to
any therapeutic conduct, including any care, service, or procedure to diagnose, maintain,
or treat the physical or mental condition of the vulnerable adult, or, where permitted under
law, to provide nutrition and hydration parenterally or through intubation; this paragraph
does not enlarge or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or

(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means
or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu
of medical care, provided that this is consistent with the prior practice or belief of the
vulnerable adult or with the expressed intentions of the vulnerable adult;

(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in new text begin consensual new text end sexual contact with:

(i) a person including a facility staff person when a consensual sexual personal
relationship existed prior to the caregiving relationship; or

(ii) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship; or

(4) an individual makes an error in the provision of therapeutic conduct to a
vulnerable adult which does not result in injury or harm which reasonably requires
medical or mental health care; or

(5) an individual makes an error in the provision of therapeutic conduct to a
vulnerable adult that results in injury or harm, which reasonably requires the care of a
physician, and:

(i) the necessary care is provided in a timely fashion as dictated by the condition
of the vulnerable adult;

(ii) if after receiving care, the health status of the vulnerable adult can be reasonably
expected, as determined by the attending physician, to be restored to the vulnerable adult's
preexisting condition;

(iii) the error is not part of a pattern of errors by the individual;

(iv) if in a facility, the error is immediately reported as required under section
626.557, and recorded internally in the facility;

(v) if in a facility, the facility identifies and takes corrective action and implements
measures designed to reduce the risk of further occurrence of this error and similar
errors; and

(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently
documented for review and evaluation by the facility and any applicable licensing,
certification, and ombudsman agency.

(d) Nothing in this definition requires a caregiver, if regulated, to provide services
in excess of those required by the caregiver's license, certification, registration, or other
regulation.

(e) If the findings of an investigation by a lead agency result in a determination of
substantiated maltreatment for the sole reason that the actions required of a facility under
paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the facility is subject
to a correction order. An individual will not be found to have neglected or maltreated the
vulnerable adult based solely on the facility's not having taken the actions required under
paragraph (c), clause (5), item (iv), (v), or (vi). This must not alter the lead agency's
determination of mitigating factors under section 626.557, subdivision 9c, paragraph (c).

Sec. 58. new text begin BACKGROUND STUDY REVIEW.
new text end

new text begin (a) The Collateral Consequences Committee described in Laws 2006, chapter 260,
article 1, section 45, or successor entity, shall review the background study provisions
contained in Minnesota Statutes, chapter 245C, as well as set-aside and variance policies.
The committee shall recommend changes in these laws to recodify and simplify them,
and recommend appropriate substantive changes to them consistent with good public
policy and public safety.
new text end

new text begin (b) By February 1, 2008, the committee shall report its findings and recommendations
to the chairs and ranking minority members of the senate and house of representatives
committees having jurisdiction over human services and criminal justice policy.
new text end

Sec. 59. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 245A.023; 245A.14, subdivisions 7, 9, 9a, 12,
and 13; and 245C.06, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 9502.0385; and 9503.0035, new text end new text begin are repealed.
new text end