SF 1742

as introduced - 89th Legislature (2015 - 2016) Posted on 03/17/2015 09:07am

A bill for an act
relating to human services; making changes to provisions governing family child
care and group family child care providers; modifying the classifications of
certain data; modifying hearing requirements; requiring training of certain county
agency staff; amending Minnesota Statutes 2014, sections 13.46, subdivision 4;
245A.08, subdivisions 4, 5; proposing coding for new law in Minnesota Statutes,
chapter 245A.

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

Section 1.

Minnesota Statutes 2014, section 13.46, subdivision 4, is amended to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" are 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" are 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)(i) Except as provided in paragraph (c), the following data on applicants,
license holders, 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.

(ii) new text begin Except as provided in clause (6), new text end when a correction order, an order to forfeit a
fine, an order of license suspension, an order of temporary immediate suspension, an order
of license revocation, an order of license denial, or an order of conditional license has
been issued, or a complaint is resolved, the following data on current and former licensees
and applicants are public: the general nature of the complaint or allegations leading to
the temporary immediate suspension; the substance and investigative findings of the
licensing or maltreatment complaint, licensing violation, or substantiated maltreatment;
the existence of settlement negotiations; 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, temporary immediate suspension, revocation, denial, or
conditional license contained in the record of licensing action; whether a fine has been
paid; and the status of any appeal of these actions.

(iii) When a license denial under section 245A.05 or a sanction under section
245A.07 is based on a determination that a license holder, applicant, or controlling
individual is responsible for maltreatment under section 626.556 or 626.557, the identity
of the applicant, license holder, or controlling individual as the individual responsible for
maltreatment is public data at the time of the issuance of the license denial or sanction.

(iv) When a license denial under section 245A.05 or a sanction under section
245A.07 is based on a determination that a license holder, applicant, or controlling
individual is disqualified under chapter 245C, the identity of the license holder,
applicant, or controlling individual as the disqualified individual and the reason for the
disqualification are public data at the time of the issuance of the licensing sanction or
denial. If the applicant, license holder, or controlling individual requests reconsideration of
the disqualification and the disqualification is affirmed, the reason for the disqualification
and the reason to not set aside the disqualification are public data.

(2) 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.

(3) new text begin Except as provided in clause (6), new text end for applicants who are denied a license, the
following data are public: the name and address 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, the existence of settlement
negotiations, the record of informal resolution of a denial, orders of hearings, findings
of fact, conclusions of law, specifications of the final order of denial, and the status of
any appeal of the denial.

(4) 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.

(5) 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 begin (6) This clause applies to providers of family day care or group family day care as
defined in Minnesota Rules, part 9502.0315. When an order listed in clause (1), item (ii),
or a final order of denial listed in clause (3) is overturned on appeal, the data in clause (1),
item (ii), or clause (3) are private data on individuals or nonpublic data. When an order
listed in clause (1), item (ii), has been issued or a complaint is resolved, the following
data are private data on individuals or nonpublic data: the general nature of the complaint
or allegations leading to the temporary immediate suspension, and the substance and
investigative findings of the licensing or maltreatment complaint, licensing violation, or
substantiated maltreatment.
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 of complaints or alleged violations of licensing
standards under chapters 245A, 245B, 245C, and 245D, and applicable rules and alleged
maltreatment under sections 626.556 and 626.557, are confidential data and 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, data on individuals collected by the commissioner of human services
according to investigations under chapters 245A, 245B, 245C, and 245D, and 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 or the information may otherwise be relevant to the board's regulatory
jurisdiction. Background study data on an individual who is the subject of a background
study under chapter 245C for a licensed service for which the commissioner of human
services is the license holder may be shared with the commissioner and the commissioner's
delegate by the licensing division. Unless otherwise specified in this chapter, the identity
of a reporter of alleged maltreatment or licensing violations may not be disclosed.

(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. 2.

Minnesota Statutes 2014, section 245A.08, subdivision 4, is amended to read:

Subd. 4.

Recommendation new text begin or decision new text end of administrative law judge.

new text begin (a) Except as
provided in paragraph (b), new text end the administrative law judge shall recommend whether or not the
commissioner's order should be affirmed. The recommendations must be consistent with
this chapter and the rules of the commissioner. The recommendations must be in writing
and accompanied by findings of fact and conclusions and must be mailed to the parties by
certified mail to their last known addresses as shown on the license or application.

new text begin (b) Following a hearing relating to the license of a family child care provider or
group family child care provider, the administrative law judge shall decide whether the
commissioner's order should be affirmed. The decision of the administrative law judge is
binding on both parties to the proceeding and is the final decision of the commissioner.
The decision of the administrative law judge must be consistent with this chapter and the
rules of the commissioner, must be in writing and accompanied by findings of fact and
conclusions of law, and must be mailed to the parties by certified mail to their last known
addresses as shown on the license or application.
new text end

Sec. 3.

Minnesota Statutes 2014, section 245A.08, subdivision 5, is amended to read:

Subd. 5.

Notice of commissioner's final order.

After considering the findings of
fact, conclusions, and recommendations of the administrative law judge, the commissioner
shall issue a final order. The commissioner shall consider, but shall not be bound by, the
recommendations of the administrative law judge. The appellant must be notified of
the commissioner's final order as required by chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The notice must also contain information about the appellant's
rights under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The
institution of proceedings for judicial review of the commissioner's final order shall
not stay the enforcement of the final order except as provided in section 14.65. new text begin This
subdivision does not apply to hearings relating to the license of a family child care
provider or group family child care provider.
new text end

Sec. 4.

new text begin [245A.55] TRAINING FOR COUNTY LICENSING STAFF ON FAMILY
CHILD CARE AND GROUP FAMILY CHILD CARE REQUIREMENTS.
new text end

new text begin Each calendar year, county agency staff who license and regulate family child care
providers and group family child care providers must complete a training program on
provisions in Minnesota Statutes, chapter 245A, relating to family child care providers and
group family child care providers; the requirements of Minnesota Rules, chapter 9502;
and new laws enacted or adopted in the previous 12-month period relating to family child
care providers and group family child care providers. The commissioner shall develop
the annual training program, update it each year to include information on new laws, and
disseminate it to county agencies.
new text end